Election of remedies definition

Election of remedies means a teacher who has right to pursue his/her complaint under the Veterans Preference Act, or the Michigan Civil Rights Act, shall not be allowed to process a grievance with respect to such a matter, if the teacher elects to have the matter resolved in accordance with the law as enumerated above.
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Examples of Election of remedies in a sentence

  • Election of remedies - If the Association or any employee files any official claim or complaint in any form other than the grievance procedure of this agreement, then the employer shall not be required to process the same claim or set of facts through the grievance procedure.

  • Any civil action, counterclaim, proceeding or litigation arising out of or relating to this Agreement shall be brought in the courts of record of the State of Wisconsin in Manitowoc County or the United States District Court, Eastern District of Wisconsin.

  • Some of the established permissive subjects of bargaining include the following:  Definition of the bargaining unit and employees excluded from coverage of the act such as supervisors Drug testing of job applicants Election of remedies clause Evergreen clause Gifts (one-time or nominally valued gifts.

  • Election of remedies can also be the basis for a finding of waiver.

  • Election of remedies has both a procedural aspect, prohibiting the pleading of inconsistent remedies,and a substantive aspect, which prohibits double recovery.

  • Election of remedies issues also may arise if the employee has filed a NTSSA complaint with OSHA and a complaint against the public transportation agency under another statute in another forum.Because an OSHA investigation is an informal proceeding and coverage and protected activity may not always be clear at the outset of the investigation, OSHA may docket a case and commence an investigation under NTSSA and any other potentially-applicable OSHA whistleblower protection statutes.

  • Election of remedies is not applicable where there are two separate causes of action, each based on different facts.

  • Election of remedies has no application where a party “has different remedies for the enforcement of different and distinct rights or the redress of different and distinct wrongs.” Hormel, 212 N.W. at 740.

  • Tait shall not be responsible for any promises, conditions, warranties or representations made by its representatives, employees or agents unless provided by Tait in writing.

  • Election of remedies and waiver If any action which would be the subject of a grievance is filed in any court or with any governmental or administrative agency by a member or members of the bargaining unit or their representatives, then the right to file a grievance over the same action, or to continue a grievance which has been previously filed, shall be immediately waived.

Related to Election of remedies

  • Non-Consolidation Opinion means that certain substantive non-consolidation opinion delivered to Lender in connection with the closing of the Loan.

  • Termination for Convenience means the termination of the Trade Contract Agreement or the Trade Contractor Work by the Authority without cause and for the convenience of the Authority as decided in its sole discretion.

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • Election to Foreclose Any election by the Purchaser to proceed with the Commencement of Foreclosure, made in accordance with Section 2.03(a).

  • Notice of Intent to Cure has the meaning assigned to such term in Section 6.15(b).

  • Exclusive Right to Sell listing means that if you, the owner of the property, find a buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker.

  • Default Under the Trust Indenture With respect to any MBS, any condition, occurrence or event which, if continued for any specified period of time after the giving of any requisite notice, would be an “Event of Default” under the Trust Indenture pursuant to which such MBS was issued.

  • Debilitating medical condition means one or more of the following:

  • Event of Default Under the Trust Indenture With respect to any MBS, any “Event of Default” under the Trust Indenture pursuant to which such MBS was issued. Xxxxxx Xxx: Federal National Mortgage Association, a body corporate organized and existing under the laws of the United States, or its successor in interest or any successor appointed as herein provided. Unless the context requires otherwise, the term “Xxxxxx Mae” shall be deemed to refer to the Federal National Mortgage Association acting in its corporate capacity and not in its capacity as Trustee hereunder.

  • Early Opt-in Election means the occurrence of:

  • Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activi- ties.

  • Servicer Termination Events (or any analogous term under the Lead Securitization Servicing Agreement) include customary market termination events with respect to failure to make advances, failure to timely remit payments to the Non-Lead Note Holders as required hereunder or under the Lead Securitization Servicing Agreement (subject to no more than one business day grace period), failure to timely deposit amounts into any REO Account or to remit to a Servicer for deposit into a related collection or custodial account, failure to deliver (or cause to be delivered) materials or information required in order for each Non-Lead Note Holder or each Non-Lead Depositor to timely comply with its obligations under the Exchange Act, the Securities Act and Form SF-3, and for rating agency downgrades or other triggers with respect to any certificates issued in connection with a Non-Lead Securitization, subject to customary grace periods (provided that, in the case of failures related to the securities laws, such grace periods will not cause a Non-Lead Depositor to fail to comply with the applicable provisions of such securities laws). Upon the occurrence of such a Servicer Termination Event with respect to the Master Servicer affecting a Non-Lead Securitization Note Holder and the Master Servicer is not otherwise terminated pursuant to the Lead Securitization Servicing Agreement, the Master Servicer shall be required, upon the direction of such Non-Lead Securitization Note Holder, to appoint a subservicer with respect to such Non-Lead Securitization Note. Upon the occurrence of a Servicer Termination Event with respect to the Special Servicer affecting a Non-Lead Securitization Note Holder and the Special Servicer is not otherwise terminated pursuant to the Lead Securitization Servicing Agreement, the Trustee shall, upon direction of such Non-Lead Securitization Note Holder, terminate the Special Servicer with respect to, but only with respect to, the Mortgage Loan;

  • Event of Eminent Domain with respect to any Property, (a) any compulsory transfer or taking by condemnation, seizure, eminent domain or exercise of a similar power, or transfer under threat of such compulsory transfer or taking or confiscation of such Property or the requisition of the use of such Property, by any agency, department, authority, commission, board, instrumentality or political subdivision of any state, the United States or another Governmental Authority having jurisdiction or (b) any settlement in lieu of clause (a) above.

  • Master Servicer Event of Termination As defined in Section 7.01 hereof.

  • Forbearance Termination Event has the meaning set forth in Section 3(a) hereto.

  • Servicer Event of Termination One or more of the events described in Section 7.01.

  • Event of Servicer Termination With respect to the Servicing Agreement, a Servicing Default as defined in Section 6.01 of the Servicing Agreement.

  • Event of Servicing Termination means an event specified in Section 8.1 of the Sale and Servicing Agreement.

  • Coordination of Benefits or “COB” means a provision establishing an order in which plans pay their claims, and permitting secondary plans to reduce their benefits so that the combined benefits of all plans do not exceed total allowable expenses.

  • Statement of Requirements means a statement issued by the Authority or any Other Contracting Body detailing its Services Requirement issued in accordance with the Ordering Procedure;

  • Administrative law judge means an individual or an agency

  • Statement of SEN means a statement made under section 324 of the Education Act 1996.

  • Assignment of Benefits means an arrangement whereby the Plan Participant assigns their right to seek and receive payment of eligible Plan benefits, in strict accordance with the terms of this Plan Document, to a Provider. If a provider accepts said arrangement, Providers’ rights to receive Plan benefits are equal to those of a Plan Participant, and are limited by the terms of this Plan Document. A Provider that accepts this arrangement indicates acceptance of an “Assignment of Benefits” as consideration in full for services, supplies, and/or treatment rendered.

  • Right of Reference means the “right of reference” defined in 21 CFR 314.3(b), including with regard to a Party, allowing the applicable Regulatory Authority in a country to have access to relevant information (by cross-reference, incorporation by reference or otherwise) contained in Regulatory Documentation (and any data contained therein) filed with such Regulatory Authority with respect to a Party’s Compound, only to the extent necessary for the conduct of the Study in such country or as otherwise expressly permitted or required under this Agreement to enable a Party to exercise its rights or perform its obligations hereunder.

  • Termination of parental rights means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.

  • Pre-existing Medical Condition means any condition which: