Common use of Concerted Activity Clause in Contracts

Concerted Activity. Any right to decline overtime or Saturday or Sunday work that this Memorandum of Understanding confers on any employee may be exercised only by each employee acting separately and individually, without collusion, conspiracy or agreement with, or the influence of, any other employee or employees or the union or pursuant to any other concerted action or decision. No employee shall seek by any means to cause or influence any other employee to decline to work overtime. Violation by any employee of the terms, purpose or intent of this Paragraph shall subject him/her to discipline. However, the fact that a few employees have arranged in the course of ordinary social relationship, to attend, for example, a sporting event or wedding shall not in and of itself be considered evidence of concerted activity. If employees who are scheduled to work daily overtime in a plant or department or on Saturday or Sunday fail or refuse to work as scheduled in significantly greater numbers than the company's experience under this Memorandum can reasonably lead it to expect, such evidence should be carefully considered by the sole umpire in any decision involving the question of whether their failing or refusing to work the scheduled hours was collusive, concerted or influenced by other persons.

Appears in 7 contracts

Samples: Agreement, Agreement, Agreement

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