Common use of Election of Forum Clause in Contracts

Election of Forum. a. Filing a grievance constitutes an election of forum. If the grievance forum is selected, then generally a complaint may not be filed on the same issue/same theory in the forums identified in 6.b below. Conversely, a complaint filed in one of the forums in 6.b below will bar a grievance over the same issue/same theory. b. For those matters that are grievable, this procedure shall be the exclusive procedure for the parties and employees. However, nothing in this section shall prevent employees from electing instead to exercise their statutory rights to: (1) File a formal Equal Employment Opportunity complaint. (2) Appeal adverse actions (5 USC 7512) or actions for unacceptable performance (5 USC 4303) to the MSPB. (3) File an unfair labor practice charge with the Federal Labor Relations Authority. (4) File complaints for corrective action from the Office of Special Counsel. c. If an agency listed above determines that they have jurisdiction to hear an appeal or complaint of an employee who filed a grievance in writing on the same issue, the grievance will be cancelled. d. Nothing in this article shall prevent an employee from filing a complaint with Office of Special Counsel.

Election of Forum. a. Filing a grievance constitutes an election of forum. If the grievance forum is selected, then generally a complaint may not be filed on the same issue/same theory in the forums identified in 6.b below. Conversely, a complaint filed in one of the forums in 6.b below will bar a grievance over the same issue/same theory. b. For those matters that are grievable, this procedure shall be the exclusive procedure for the parties and employees. However, nothing in this section shall prevent employees from electing instead to exercise their statutory rights to: (1) File a formal Equal Employment Opportunity complaint. (2) Appeal adverse actions (5 USC U.S.C. 7512) or actions for unacceptable performance (5 USC U.S.C. 4303) to the MSPB. (3) File an unfair labor practice charge with the Federal Labor Relations Authority. (4) File complaints for corrective action from the Office of Special Counsel. c. If an agency listed above determines that they have jurisdiction to hear an appeal or complaint of an employee who filed a grievance in writing on the same issue, the grievance will be cancelled. d. Nothing in this article Article shall prevent an employee from filing a complaint with Office of Special Counsel.

Election of Forum. a. Filing a grievance constitutes an election of forum. If the grievance forum is selected, then generally a complaint may not be filed on the same issue/same theory in the forums identified in 6.b below. Conversely, a complaint filed in one of the forums in 6.b below will bar a grievance over the same issue/same theory. b. For those matters that are grievable, this procedure shall be the exclusive procedure for the parties and employees. However, nothing in this section shall prevent employees from electing instead to exercise their statutory rights torightsto: (1) File a formal Equal Employment Opportunity complaint. (2) Appeal adverse actions (5 USC 7512) or actions for unacceptable performance (5 USC 4303) to the MSPB. (3) File an unfair labor practice charge with the Federal Labor Relations Authority. (4) File complaints for corrective action from the Office of Special Counsel. c. If an agency listed above determines that they have jurisdiction to hear an appeal or complaint of an employee who filed a grievance in writing on the same issue, the grievance will be cancelled. d. Nothing in this article shall prevent an employee from filing a complaint with Office of Special Counsel.

Election of Forum. a. Filing a grievance constitutes an election of forum. If the grievance forum is selected, then generally a complaint may not be filed on the same issue/same theory in the forums identified in 6.b below. Conversely, a complaint filed in one of the forums in 6.b below will bar a grievance over the same issue/same theory. b. For those matters that are grievable, this procedure shall be the exclusive procedure for the parties and employees. However, nothing in this section Section shall prevent employees from electing instead to exercise their statutory rights to: (1) . File a formal Equal Employment Opportunity complaint.* (2) . Appeal adverse actions (5 USC 7512) or actions for unacceptable performance (5 USC 4303) to the MSPB. (3) . File an unfair labor practice charge with the Federal Labor Relations Authority. (4) . File complaints for corrective action from the Office of Special Counsel.* c. If an agency listed above determines that they have jurisdiction to hear an appeal or complaint of an employee who filed a grievance in writing on the same issue, the grievance will be cancelled. d. Nothing in this article Article shall prevent an employee from filing a complaint with Office of Special Counsel.*