Election of Procedures. It is further understood that any controversy which is within the domain of the Civil Service Commission shall be referred directly to the Commission. The decision of the Civil Service Commission shall be final and binding on both parties. An employee who wishes to appeal disciplinary action taken by the City which allegedly violates this Contract shall have the option of filing an appeal with the Civil Service Commission if it is within the authority of the Commission by law, or to proceed under the Grievance Procedure contained in this Contract, if applicable, but the employee must make an election in writing between the two procedures and will not be entitled to grieve and to process an appeal to the Civil Service Commission on the same matter.
Election of Procedures. An employee who wishes to appeal disciplinary action taken by the City shall have the option of filing an appeal with the Civil Service Commission if it is within the authority of the Commission by law, or to proceed under the Grievance procedure contained in this Agreement, if applicable, but the employee must make an election in writing between the two procedures and will not be entitled to grieve and to process an appeal to the Civil Service Commission on the same matter.
Election of Procedures. If an employee has a grievance which may be processed under this grievance procedure and which may also be processed under the City grievance procedure, the employee shall elect at the outset which procedure he is going to use and such election shall be binding on the employee. An employee who elects to use one procedure shall not use the other procedure.
Election of Procedures. 30.9.1 Any employee (or the Union) who pursues a grievance under this Article shall not utilize any other procedure outside of this Agreement for a substantially similar complaint. An employee’s election to proceed with a grievance shall constitute a complete and absolute waiver of the use of any other procedure and relief that may be granted thereunder. Notwithstanding the foregoing, however, an employee (or the Union) who has prosecuted a grievance through Step Three may seek review of an adverse decision in any court of competent jurisdiction.
Election of Procedures. Any employee who pursues a grievance that is covered by this Agreement and who also utilizes other procedures outside of this Agreement, may, before the Step 3 process can be utilized, be required by the Employer to make an election of procedures before any relief may be granted for that employee; provided that such requirement to elect procedures is consistent with current applicable law. An employee’s election may be asserted as a complete and absolute defense to the use of any other procedure and relief that may be granted hereunder. Copies of such election of procedure received by the Employer shall be provided to the F.O.P. Any employee who pursues a matter other than through the grievance procedure that requires the Employer to answer the matter on the merits shall be deemed to have specifically waived all of employee’s rights to grieve and for relief under this Agreement.
