Common use of MAINTENANCE OF WORK OPERATIONS Clause in Contracts

MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during the term of this Agreement, either the Association or any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence on any employee from his position, or stoppage of work, or absence in whole or in part, from the full, faithful and proper performance of the employee's duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Borough. The Union agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employees. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Borough and that the Union will publicly disavow each action and order all members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the Union. D. Nothing contained in this Agreement shall be construed to limit the Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the Association or its members.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during the term of this Agreement, either neither the Association or Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike strike, (i.e., the concerted failure to report for duty or willful absence on of any employee from his his/her position, or stoppage of work, work or absence in whole or in part, from the full, faithful and proper performance of the employee's employees' duties of employment)) , - work stoppage, slow-downslowdown, walk-out walkout or other illegal job action against the BoroughUtility. The Union agrees that such action would constitute a material breach of this AgreementAgreement and be valid and just cause for immediate dismissal. B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employees. C. The Union agrees that it will make every a reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Borough Utility, and that the Union will publicly disavow each action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the UnionUnion order. Furthermore, the Union will indemnify and hold harmless the Utility from any loss arising, in full or in part, from a breach of this Article. D. C. Nothing contained in this Agreement shall be construed to limit or restrict the Borough Utility in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Association Union or its members. D. The Utility agrees that it will not engage in the lockout of any of its employees. E. It is expressly understood that this clause shall survive the Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that that, during the term of this Agreement, either neither the Association or Union nor any person acting in on its behalf will cause, authorize authorize, or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence on of any employee from his for his/her position, or stoppage of work, or absence in whole or in part, part from the full, faithful faithful, and proper performance of the employee's ’s duties of employment), work stoppage, slow-down, walk-out out, or other illegal job action against the BoroughEmployer. The Union agrees that such action would constitute a material breach of this the Agreement. B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employees. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Borough Employer, and that the Union will publicly disavow each action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the UnionUnion order. D. C. Nothing contained in this Agreement shall be construed to limit or restrict the Borough Employer or the Union in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such a breach of by Union members or the Association or its membersemployer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during the term of this Agreement, either neither the Association or Union nor any person acting in on its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful will full absence on of any employee from his position, or stoppage of work, work or absence in whole or in part, from the full, full faithful and proper performance performances of the employee's ’s duties of employment), work stoppagestoppage slowdown, slow-downwalkout, walk-out or other illegal job action against the BoroughEmployer. The Union agrees that such action would constitute a material breach of this the Agreement. B. In the event of a strike, slow-downslowdown, walk-out walkout or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough Employer to invoke any of the following alternatives: 1. Withdrawal of Union recognitiondues deduction privileges. 2. Such activity shall be deemed grounds for termination of employment of such employee the Employee or employeesEmployees. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, slowdown or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Borough and Employer or that the Union will publicly disavow each action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the UnionUnion order. D. Nothing contained in this the Agreement shall be construed to limit or restrict the Borough Employer in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the Association or Union by its members. E. The Borough shall not engage in any lockout of employees during life of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Union Association hereby covenants and agrees that during the term of this Agreement, either neither the Association or nor any person acting in its behalf will cause, authorize authorize, or support, nor will any of its members take part in support any strike (i.e., the concerted failure to report for any duty or the concerted and willful absence on any employee of employees from his positiontheir positions, or stoppage of work, or absence in whole or in part, from the full, faithful faithful, and proper performance of the employee's ’s duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Borough. The Union agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out out, or job action, it is covenanted and agreed that participation in any or all such activity by any Union Association member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such consider such activity shall be deemed as grounds for disciplinary action up to termination of employment of such employment, but said discipline must, if imposed, be equally applied to each and every employee or employeeswho participates. C. The Union Association agrees that it will make every reasonable effort (provided same does not require the disbursement of Association funds) to prevent its members from participating in any strike, work stoppage, slow-down, down or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Borough and that the Union will illegal job action. The Association shall publicly disavow each action and order request all of its members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the Union. D. . D Nothing contained in this Agreement shall be construed to limit or restrict the Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Association or its membersa concerted breach by members of the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. 2.01 The Union Employees hereby covenants covenant and agrees agree that during the term of this Agreement, either neither the Association or Employees nor any person acting in its their behalf will threaten, cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence on of any employee from his position, or stoppage of work, or absence in whole or in part, from the full, faithful and proper performance of the employee's ’s duties of employment), ,) work stoppage, slow-down, walk-out or other illegal job action against the Borough, nor recognize any picket line. The Union agrees Employees agree that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed 2.02 The Employees agree that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employees. C. The Union agrees that it they will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, or other activity aforementioned aforementioned, or supporting any such activity by any other employee or group of employees of the Borough and that the Union Employees will publicly disavow each action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the UnionEmployees’ order. D. 2.03 Nothing contained in this Agreement shall be construed to limit or restrict the Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the Association Employees or its members. 2.04 The Borough agrees not to engage in a lockout.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during the term of this Agreement, either neither the Association or Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence on of any employee from his position, or stoppage of work, or absence in whole or in part, part from the full, faithful and proper performance of the employee's ’s duties of employment), work stoppage, slow-downslowdown, walk-out or other illegal job action against the Borough. The Union agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out walkout or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle be entitled the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognitiondues deduction privileges (if previously granted). 2. Such activity shall be deemed grounds for termination Termination of employment of such employee or employees. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Borough and that the Union will publicly disavow each action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as and may be necessary under the circumstances to bring about compliance with the UnionUnion order. D. Nothing contained in this Agreement shall be construed to limit or restrict the Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the Association Union or its members. E. The Borough agrees not to engage in a lockout.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during for the entire term of this Agreement, Agreement either the Association Union or any person anyone acting in on its behalf will not cause, authorize or support, nor will any of its members take part in support any strike (i.e., i.e. the concerted failure to report for duty or willful absence on of any employee from his position, or stoppage of work, or absence absence, in whole or in part, from the full, faithful and proper performance of the employee's ’s duties of employment), work stoppage, slow-downslowdown, walk-out or other illegal job action against the BoroughAuthority. The Union agrees that such action would constitute a material breach of this Agreement.. Any employee who participates in such action heretofore mentioned may be subject to discipline, including immediate discharge, which may be appealed to the procedures set forth in Article V. B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employees. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any the strike, work stoppage, slowslowdown, walk-down, out or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Borough and that the Union will publicly disavow each such action and order all members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the Union’s order. D. C. Nothing contained in this Agreement shall be construed to limit or restrict the Borough Authority in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Association Union or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during the term of this Agreement, either neither the Association or Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., i.e. the concerted failure to report for duty or willful absence on of any employee from his their position, or stoppage of work, or absence in whole or in part, from the full, faithful and proper performance of the employee's ’s duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the BoroughTownship. The Union agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employees. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, down or other activity aforementioned aforementioned, or supporting support any such activity action by any other employee or group of employees of by the Borough Township, and that the Union will publicly disavow each such action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, work and take takes such other steps as may be necessary under the circumstances to bring about compliance with the Union’s order. Nothing herein shall be construed to restrict the employee's rights under the First Amendment of the United States Constitution. D. C. Nothing contained in this Agreement shall be construed to limit or restrict the Borough Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damagesdamage, or both, in the event of such breach of by the Association Union or its members. D. The Township agrees that it will not engage in the lockout of any of its employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Union hereby covenants and agrees that during the term terms of this Agreement, either neither the Association or Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence on of any employee employees from his position, or stoppage of work, or of absence in whole or in part, from the full, full faithful and proper performance performances of the employee's duties of or employment), ) work stoppage, slow-down, walk-out or other illegal job action against the Borough. Township. B. The Union agrees that such action would constitute any strike is a material breach of this Agreement. B. In contract and that such act removes all impediment from and permits the event Employer to dismiss or to otherwise discipline employees taking part in that breach of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activity by any Union member shall entitle the Borough to invoke any of the following alternatives: 1. Withdrawal of Union recognition 2. Such activity shall be deemed grounds for termination of employment of such employee or employeescontact. C. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down, down or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Borough Township and that the Union will publicly disavow each action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the UnionUnion order. D. Nothing contained in this Agreement shall be construed to limit or xxxx·ict the Borough Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, both in the event of such breach of by the Association Union or its members.. R T_ I_ CL

Appears in 1 contract

Samples: Collective Bargaining Agreement

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