Common use of MAINTENANCE OF WORK OPERATIONS Clause in Contracts

MAINTENANCE OF WORK OPERATIONS. A. The Lodge hereby covenants and agrees that during the term of this Agreement, neither the Lodge 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 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 duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out, or other job action, it is covenanted and agreed that participation in any such activity by any Lodge member shall entitle the Township to consider such activity grounds for termination of employment of such Police Officer or Police Officers. C. The Lodge 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 Township and that the Lodge will publicly disavow each action and order all such members who participate in such activity 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 Lodge order. D. Nothing contained in this Agreement shall be construed to limit or restrict the 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, in the event of such breach by the Lodge or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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MAINTENANCE OF WORK OPERATIONS. A. The Lodge Local hereby covenants and agrees that during the term of this Agreement, neither the Lodge Local 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 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 employees' duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge Local agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out, or other job action, it is covenanted and agreed that participation in any such activity by any Lodge Local member shall entitle the Township to consider such activity be deemed grounds for termination of employment of such Police Officer employee or Police Officersemployees. C. The Lodge Local agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Township Township, and that the Lodge Local will publicly disavow each such action and order all such members who participate in such activity 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 Lodge Local order. D. The Township hereby covenants and agrees that during the term of this Agreement, the Township will not lockout its employees. The Township agrees that such action would constitute a material breach of this Agreement. E. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its of the Local their 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 by the Lodge or Local, its members, or the Township.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Union hereby covenants and agrees that during the term of this Agreement, neither the Lodge 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 The concerted failure to report for duty or willful absence of any employee from his position, or stoppage of work, or absence in whole or in part, from the full, faithful and proper performance performances of the employee's ’s duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge agrees that such action would constitute a material breach of this AgreementEmployer. B. In the event of a strike, slow-down, walk-out, out or other job action, it is covenanted and agreed that participation in any or all such activity by any Lodge Union member shall entitle the Township to consider such activity be deemed grounds for termination of employment of such Police Officer employee or Police Officersemployees. C. The Lodge Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Township Employer and that the Lodge union will publicly disavow each action and order all such members who participate in such activity 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 compliances with the Lodge Union order. D. . Nothing contained in this Agreement shall be construed to limit or restrict the Township 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 by the Lodge or its membersbreach.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Association and employees covered by this Agreement hereby covenants covenant and agrees that during agree that, for the term duration of this Agreement, neither the Lodge Association nor any person acting in on its behalf will cause, shall authorize or support, nor will support any of its members take part in any strike, strike (i.e., i.e. the concerted failure to report for duty or willful absence 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 duties duty of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge 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 other job action, it is covenanted and agreed that participation in any or all such activity activities by any Lodge member the employee shall entitle the Township to consider such activity be deemed grounds for discipline including possible termination of employment of such Police Officer or Police Officersemployee(s), which discipline may be imposed by the Township. C. The Lodge agrees Association and its members hereby agree that it will make every reasonable effort to prevent its members people covered by this Agreement from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Township Township, and that the Lodge Association will publicly disavow each action and order all such members who participate in such activity activities to cease and desist from same and immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the Lodge orderthis Agreement. D. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right rights to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, damages or both, in the event of such breach by the Lodge Association or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Association hereby covenants and agrees that during the term of this Agreement, neither the Lodge Association 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 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 duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge association agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-outwalkout, or other job action, it is covenanted and agreed that participation in any or all such activity by any Lodge an Association member shall entitle the Township to consider such invoke any lawful remedy, which may include: 1. Withdrawal of Association Recognition 2. Such activity shall be deemed grounds for termination of employment of such Police Officer employee or Police Officersemployees. C. The Lodge Association agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Township and that the Lodge Association will publicly disavow each action and order all such members who participate in such activity 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 Lodge Association order. D. Nothing contained in this Agreement shall be construed to limit or restrict the 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, in the event of such breach by of the Lodge Association or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Union and employees covered by this Agreement hereby covenants and agrees that during that, for the term duration of this Agreement, neither the Lodge Union nor any person acting in on its behalf will cause, shall authorize or support, nor will support any of its members take part in any strike, strike (i.e., i.e. the concerted failure to report for duty or willful absence 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 or the employee's duties duty of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge 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 other job action, it is covenanted and agreed that participation in any or all such activity activities by any Lodge member the employee shall entitle the Township to consider such activity be deemed grounds for discipline including possible termination of employment of such Police Officer or Police Officersemployee(s), which discipline may be imposed by the Township. C. The Lodge agrees Union and its members hereby agree that it will make every reasonable effort to prevent its members people covered by this Agreement from participating in any strike, work-work stoppage, slow-down, down or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Township and that the Lodge Union will publicly disavow each action and order all such members who participate in such activity 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 Lodge orderUnion. D. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right rights to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, damages or both, in the event of such breach by the Lodge Union or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Association hereby covenants and agrees that during the term of this Agreement, neither the Lodge Association 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 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 employees' duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge Association agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-out, or other job action, it is covenanted and agreed that participation in any such activity by any Lodge Association member shall entitle the Township to consider such activity be deemed grounds for termination of employment of such Police Officer employee or Police Officersemployees. C. The Lodge Association agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Township Township, and that the Lodge Association will publicly disavow each such action and order all such members who participate in such activity 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 Lodge Association order. D. The Township hereby covenants and agrees that during the term of this Agreement, the Township will not lockout, lay-off nor furlough its employees. The Township agrees that such action would constitute a material breach of this Agreement. E. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its of the Association their 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 by the Lodge or Association, its members, or the Township.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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MAINTENANCE OF WORK OPERATIONS. A. The Lodge Association hereby covenants and agrees that during the term of this Agreement, neither the Lodge Association nor any person acting in its behalf will cause, authorize 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 of any employee from his his/her position, or stoppage of work, or absence in whole or in part, from the full, faithful faithful, and proper performance of the employee's duties of employment), work stoppage, slow-down, walk-out out, or other illegal job action against the Township. The Lodge Association agrees that such action would constitute a material breach of this the Agreement. B. In the event of a strike, slow-down, or walk-out, or other job action, it is covenanted and agreed that participation in any or all such activity by any Lodge Association member shall entitle the Township to consider such activity grounds for termination of employment of such Police Officer or Police Officerstake appropriate disciplinary action. C. The Lodge Association agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Township and that the Lodge Association will publicly disavow each action orally and in writing and order all such members who participate in such activity 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 Lodge order. D. Nothing contained in this Agreement shall be construed to limit or restrict the 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, in the event of such breach of the Association by its members. Association compliance with Paragraph C will be considered by the Lodge or its memberscourt in assessing damages, if any, against the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Union hereby covenants and agrees that during the term of this Agreement, neither the Lodge 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, strike (i.e., the concerted failure to report for duty or willful absence 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 duties of employment), work stoppage, slow-slow- down, walk-out or other illegal job action against the TownshipEmployer. The Lodge 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, out or other job action, it is covenanted and agreed that participation in any or all such activity by any Lodge Union member shall entitle the Township Employer to consider such activity grounds for termination of employment of such Police Officer or Police Officerstake appropriate disciplinary action. C. The Lodge Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Township Employer and that the Lodge Union will publicly disavow each action and order all such members who participate in such activity 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 Lodge Union order. D. Nothing contained in this Agreement shall be construed to limit or restrict the Township 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 by the Lodge or its Union members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MAINTENANCE OF WORK OPERATIONS. A. The Lodge Association hereby covenants and agrees that during the term of this Agreement, neither the Lodge Association 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 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 duties of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township. The Lodge association agrees that such action would constitute a material breach of this Agreement. B. In the event of a strike, slow-down, walk-outwalkout, or other job action, it is covenanted and agreed that participation in any or all such activity by any Lodge an Association member shall entitle the Township to consider such invoke any lawful remedy, which may include: 1. Withdrawal of Association Recognition; 2. Such activity shall be deemed grounds for termination of employment of such Police Officer employee or Police Officersemployees. C. The Lodge Association agrees that it will make every reasonable effort to prevent its members from participating in any strike, work-work stoppage, slow-down, or other activity aforementioned or from supporting any such activity by any other employee or group of employees of the Township and that the Lodge Association will publicly disavow each action and order all such members who participate in such activity 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 compliance's with the Lodge Association order. D. Nothing contained in this Agreement shall be construed to limit or restrict the 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, in the event of such breach by of the Lodge Association or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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