Resort to Other Procedures and Election of Remedy. (a) If prior to seeking resolution of a dispute by filing a grievance hereunder or while the grievance proceeding is in progress, an employee requests, in writing, the same remedy of the matter in any other forum, whether administrative (including the Public Employee Relations Commission) or judicial, the University shall have no obligation to entertain or proceed further with the matter pursuant to this grievance procedure. As an exception to this provision, a grievant may file an EEOC charge while the grievance is in progress when such filing becomes necessary to meet federal filing deadlines pursuant to 42 U.S.C. Section 2000e et seq. Further, since the parties do not intend that this grievance procedure be a device for appellate review, the President’s response to a recommendation of a hearing officer or other individual or group having appropriate jurisdiction in any other procedure shall not be an act or omission giving rise to a grievance under this procedure.
Resort to Other Procedures and Election of Remedy. The commencement of legal proceedings against University in a court of law or equity, or before the Public Employee Relations Commission, for misapplication or misinterpretation of the terms of any Policy, shall be deemed an election of remedy and shall be a waiver by the party commencing the proceeding of its/their right to resort to the Policy Dispute Resolution Process and any other review mechanism including the Grievance and Arbitration Procedure, and any complaint that is or has already been filed over the same matter (i.e., the same act or omission) will be dismissed with no further obligation to consider the complaint. Under no circumstances can an employee avail him/herself of both the Grievance and Arbitration Procedure and the Neutral Internal Resolution of Disputes Policy to resolve a dispute as each procedure is applicable to and govern different sets of facts and circumstances and is applicable, per terms of this Agreement, to different types of disputes.
Resort to Other Procedures and Election of Remedy. (a) The filing of a complaint constitutes a waiver of any rights to judicial review of agency action pursuant to Chapter 120, Florida Statutes, or to the review of such actions under University procedures that may otherwise be available to address such matters. For rights or benefits that are provided exclusively by a BOT-UFF Policy this neutral, internal dispute resolution procedure shall be the sole review mechanism. Only those acts or omissions and sections of the BOT-UFF Policies identified at the initial filing may be considered at subsequent steps.
Resort to Other Procedures and Election of Remedy. 706 (a) If prior to seeking resolution of a dispute by filing a grievance hereunder or 707 while the grievance proceeding is in progress, an employee requests, in writing, the 708 same remedy of the matter in any other forum, whether administrative (including the 709 Public Employee Relations Commission) or judicial, the University shall have no 710 obligation to entertain or proceed further with the matter pursuant to this grievance 711 procedure. As an exception to this provision, a grievant may file an EEOC charge while 712 the grievance is in progress when such filing becomes necessary to meet federal filing 713 deadlines pursuant to 42 U.S.C. Section 2000e et seq. Further, since the parties do not 714 intend that this grievance procedure be a device for appellate review, the President’s 715 response to a recommendation of a hearing officer or other individual or group having 716 appropriate jurisdiction in any other procedure shall not be an act or omission giving rise 717 to a grievance under this procedure.
Resort to Other Procedures and Election of Remedy. 755 (a) If prior to seeking resolution of a dispute by filing a grievance hereunder or while 756 the grievance proceeding is in progress, an employee requests, in writing, the same 757 remedy of the matter in any other forum, whether administrative (including the 758 Public Employee Relations Commission) or judicial, the University shall have no 759 obligation to entertain or proceed further with the matter pursuant to this 760 grievance procedure. As an exception to this provision, a grievant may file an EEOC 761 charge while the grievance is in progress when such filing becomes necessary to 762 meet federal filing deadlines pursuant to 42 U.S.C. Section 2000e et seq. Further, 763 since the parties do not intend that this grievance procedure be a device for 764 appellate review, the President’s response to a recommendation of a hearing 765 officer or other individual or group having appropriate jurisdiction in any other 766 procedure shall not be an act or omission giving rise to a grievance under this 767 procedure. 768 769 (b) The filing of a grievance constitutes a waiver of any rights to judicial review of 770 agency action pursuant to Chapter 120, Florida Statutes, or to the review of such 771 actions under University procedures that may otherwise be available to address 772 such matters. For rights or benefits that are provided exclusively by this Agreement, 773 this grievance procedure shall be the sole review mechanism. Only those acts or 774 omissions and sections of the Agreement identified at the initial filing may be 775 considered at subsequent steps. 776
Resort to Other Procedures and Election of Remedy. The commencement of legal proceedings against the University in a court of law or equity, or before the Public Employee Relations Commission, for misapplication or misinterpretation of the terms of any Policy, shall be deemed an election of remedy and shall be a waiver by the party commencing the proceeding of its/their right to resort to the Neutral Internal Resolution Process and any complaint that has already been filed over the same subject will be dismissed. The filing of a complaint under this Policy constitutes a waiver of any rights to judicial review of agency action pursuant to Chapter 120, Florida Statutes, or to the review of such actions under other University procedures available to address such matters. The commencement of proceedings pursuant to Section 120.57, Florida Statutes, for misapplication or misinterpretation of the terms of any Policy shall be deemed an election of remedy and shall be a waiver by the party commencing the proceeding of its/their right to resort to the Policy Dispute Resolution Process and any complaint that has already been filed over the same subject will be dismissed. Except as otherwise stated, the Neutral Internal Resolution Process is the sole remedy for any alleged violations of any Policy. In the event that the complaint involves an act or omission which could be handled by either this Policy or the Grievance and Arbitration Procedure set forth in the collective bargaining agreement, the filing of a complaint under this Policy constitutes a waiver of the filing of a grievance under the Article. This Policy does not apply to any disciplinary action resulting from any violation of the FIU Regulation-105 Sexual Harassment (Title IX) or Sexual Misconduct. FIU Regulation 105 Sexual Harassment (Title IX) or Sexual Misconduct will govern the disciplinary process if there is a violation of such regulation.
