Common use of Waiver and Admission Clause in Contracts

Waiver and Admission. A. Waiver If the Employer exceeds any time limit prescribed at any step in the grievance procedure, the grievant and/or the Union may assume that the grievance is denied and may within twenty-five (25) days of the response due date invoke the next step of the procedure, except, however, that only the Union may request impartial arbitration under Step 5. Failure of the Union and/or the Grievant to comply with any of the provisions of this Article shall be deemed to be a waiver of the right to seek resolution of the grievance under the terms of this Agreement. In determining whether there has been any such failure to comply with any of the provisions of this Article, time shall be deemed to be of the essence, and any failure of the Union and/or the Grievant to comply any of the time limits prescribed herein shall be deemed to be such failure to comply with the provisions of this Article; provided, however, that the time limits prescribed herein may be extended in any specific instance by mutual agreement of the parties. B. Admission The resolution of a grievance by the immediate supervisor, the Director, the Associate Vice Chancellor, the Chancellor, the President, or any of their designees, as the case may be, shall not be deemed to be an admission by the Employer that the grievance has, for any other purpose or proceeding, standing as a grievance or constitutes as admission of any violation or breach of the terms of this Agreement, or is cognizable or justifiable according to any applicable provisions of the law of the Commonwealth.

Waiver and Admission. A. Waiver If the Employer exceeds any time limit prescribed at any step in the grievance procedure, the grievant and/or the Union may assume that the grievance is denied and may within twenty-five (25) days of the response due date invoke the next step of the procedure, except, however, that only the Union may request impartial arbitration under Step 5. Failure of the Union and/or the Grievant grievant to comply with any of the provisions of this Article shall be deemed to be a waiver of the right to seek resolution of the grievance under the terms of this Agreement. In determining whether there has been any such failure to comply with any of the provisions of this Article, time shall be deemed to be of the the-essence, and any failure of the Union and/or and or the Grievant grievant to comply with any of the time limits prescribed herein shall be deemed to be such failure to comply with the provisions of this Article; provided, however, that the time limits prescribed herein may be extended in any specific instance by mutual written agreement of the parties. B. Admission The resolution of a grievance by the immediate supervisor, the Director, the Associate Vice ChancellorDepartment Head, the Chancellor, the President, President or any of their designees, as the case may be, shall not be deemed to be an admission by the Employer that the grievance has, for any other purpose or proceeding, standing as a grievance or constitutes as an admission of any violation or breach of the terms of this Agreementagreement, or is cognizable or justifiable justiciable according to any applicable provisions of the law of the Commonwealth.

Waiver and Admission. A. Waiver If the Employer UMMS exceeds any time limit prescribed at any step in the grievance procedure, the grievant and/or the Union may assume that the grievance is denied and may may, within twenty-five (25) days of the response due date time limits provided in this Article, invoke the next step of the procedure, except, however, that only the Union may request impartial arbitration under Step 5arbitration. Failure of the Union and/or the Grievant grievant to comply with any of the provisions of this Article shall be deemed to be a waiver of the right to seek resolution of the grievance under the terms of this Agreement. In determining whether there has been any such failure to comply with any of the provisions of this Article, time shall be deemed to be of the essence, and any failure of the Union and/or the Grievant grievant to comply with any of the time limits prescribed herein shall be deemed to be such failure to comply with the provisions of this Article; provided, however, that the time limits prescribed herein may be extended in any specific instance by mutual written agreement of the parties. B. Admission The resolution of a grievance by the immediate supervisor, the Director, the Associate Vice Chancellor, the Chancellor, the President, or any of their designees, as the case may be, shall not be deemed to be an admission by the Employer UMMS that the grievance has, for any other purpose or proceeding, standing as a grievance or constitutes as an admission of any violation or breach of the terms of this Agreementagreement, or is cognizable or justifiable according to any applicable provisions of the law of the Commonwealth.