NO STRIKE CLAUSE. During the term of this Agreement and any extension thereof the parties hereto agree that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members of this Bargaining Unit. Nor shall there be any strike or interruption of work during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a violation of this article shall be subject to the grievance procedure. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown of work is a violation of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which the Association has no control. In such circumstances, the Association will immediately notify the Employer in writing that such is the case. In the case of any strike, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first twenty-four (24) hour period of such unauthorized work stoppage in violation of this Agreement, shall have the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE. At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, picketing, any kind of hand billing other than hand bills distributed solely to bargaining unit employees, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Operator agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members of lockout at this Bargaining Unit. Nor shall there be any strike or interruption of work facility during the term life of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member The Operator shall have the unqualified right to discharge or members of this Bargaining Unit discipline any or all workers who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and engage in any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedureSection. Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation primary or secondary nature, and/or any other activity which interferes, directly or indirectly, with the Operator’s operation and/or the operation of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over facilities for which the Association has no control. In such circumstancesOperator provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Operator, shall:
A. Publicly disavow such action by the workers;
B. Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately; and
C. Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately. The Union’s actions detailed above in sections A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Operator as a result of the violation of this Agreement, shall have Section of the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this collective bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureagreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE. SECTION 22.1 At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, stoppage of work, retarding of work or boycott, coordinating of sick- out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Employer agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with lockout at this facility during the operations of the School Department by any members life of this Bargaining Unit. Nor Agreement.
SECTION 22.2 The Employer shall there be have the unqualified right to discharge or discipline any strike or interruption of work during the term of this Agreement by all workers who engage in any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedure. Article.
SECTION 22.3 Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation of the Agreement and is not authorized primary or condoned by the South Xxxxxx Education Association secondary nature, and/or any other activity which interferes, directly or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect indirectly, with the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over operation and/or the operation of any facilities for which the Association has no control. In such circumstancesEmployer provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Employer, shall:
a. Publicly disavow such action by the workers;
b. Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately;
c. Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately.
SECTION 22.4 The Union’s actions detailed above in A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Employer as a result of the violation of this AgreementArticle of the collective bargaining agreement.
SECTION 22.5 The term “strike” shall include a failure to report for work because of a primary or secondary picket line at the Employer’s premises, shall have the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of whether established by this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation union and any slowdown, sit down, walk out, sick out or any withholding of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have labor during working hours for any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureunexcused reason.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE. SECTION 22.1 At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Employer agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with lockout at this facility during the operations of the School Department by any members life of this Bargaining Unit. Nor Agreement.
SECTION 22.2 The Employer shall there be have the unqualified right to discharge or discipline any strike or interruption of work during the term of this Agreement by all workers who engage in any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedure. Article.
SECTION 22.3 Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation of the Agreement and is not authorized primary or condoned by the South Xxxxxx Education Association secondary nature, and/or any other activity which interferes, directly or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect indirectly, with the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over operation and/or the operation of any facilities for which the Association has no control. In such circumstancesEmployer provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Employer, shall:
a. Publicly disavow such action by the workers;
b. Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately;
c. Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately.
SECTION 22.4 The Union’s actions detailed above in A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Employer as a result of the violation of this AgreementArticle of the collective bargaining agreement.
SECTION 22.5 The term “strike” shall include a failure to report for work because of a primary or secondary picket line at the Employer’s premises, shall have the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of whether established by this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation union and any slowdown, sit down, walk out, sick out or any withholding of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have labor during working hours for any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureunexcused reason.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE. 1. The Association and the employees agree that they will not for any reason, including an alleged prohibited practice, directly or indirectly, assist, authorize, cause, condone, encourage, induce, finance, permit, sanction, sponsor, support, threaten or participate in any strike, walkout, sit- down, slowdown, boycott, picketing, work stoppage, refusal to work,withholding of services or any interference with the operations, services or any of the functions of the City. During the term period of negotiations between the Association and the City, including mediation, fact-finding and any other statutory impasse procedures, said negotiations shall be conducted without threats of sanctions or strikes by the Association.
2. The Association agrees that it will not ratify, condone or lend support to any violation of Section 1 above by any employee or employees that it will immediately order that such violation cease forthwith, that work be fully and promptly resumed and that the employee or employees comply promptly with the provisions of this Agreement and Article. Any employee or employees who engage or participate in any extension thereof the parties hereto agree that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members of this Bargaining Unit. Nor shall there be any strike or interruption of work during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision prohibited conduct described in Section One above shall be subject to disciplinary action, up to and including reprimand, suspension and discharge.
3. In addition to any other liability, remedy or right provided in this Agreement or by applicable law or statute, in the event that any employee or employees engage or participate in any of the prohibited conduct described in Section 1; but the question Association shall promptly, forthwith and without delay:
a. Publicly disavow such action by the employee or employees;
b. Advise the City, in writing, that such action by the employee or employees has not been called or sanctioned by the Association;
c. Notify the employee or employees, in writing, of whether a member the disapproval of such action by the Association and instruct such employee or members employees to cease such action, to return to work immediately, and to comply promptly with the provisions of this Bargaining Unit has violated this provision will be subject Article; and
d. Notify all members that the Association disapproves such action by the employee or employees and instructing the employee or employees to cease such action, to return to work immediately and to comply promptly with the grievance procedure and any claim by either party against the other for a violation provisions of this article shall be subject to the grievance procedure. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown of work is a violation of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operationsArticle. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which support and assist the Association has no control. In such circumstances, City in maintaining the Association will immediately notify continuity of the Employer in writing that such is normal and usual services of the caseDepartment.
4. In the case event that any employee or employees engage or participate in any of any strike, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated the prohibited conduct described in by either the XXXX or the MTA or by the agents of eitherSection 1, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first twenty-four (24) hour period of such unauthorized work stoppage in violation of this Agreement, City shall have the sole unqualified right to institute and complete right pursue legal action to enjoin the continuance of reasonable disciplinesaid prohibited conduct and for other relief or remedies. The Association agrees that such legal action, including suspension from employmentif initiated or pursued by the City, up shall not constitute the exclusive remedy available to and including seven (7) daysthe City, but short nor shall such legal action be construed or deemed to be a waiver by the City of discharge, and such member, other rights or members remedies as may be available to the City under the provisions of this bargaining unit shall not be entitled to Agreement or have any recourse to under the grievance procedure, but the question provisions of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedurelaw.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE. During 5.1.1. The Employer and the term of this Agreement and any extension thereof the parties hereto Guild agree that there shall be no strikes the public interest requires the efficient and uninterrupted performance of all the Employer's services and to this end, pledge their best efforts to avoid or eliminate any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with conduct contrary to this objective. The Employer and the operations of Guild recognize that the School Department by any members of this Bargaining Unit. Nor shall there be any strike cessation or interruption of work during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a violation of this article shall be subject to the grievance procedure. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown of work is a violation services of the Agreement and employees is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which the Association has no control. In such circumstances, the Association will immediately notify the Employer in writing that such is the case. In the case of any strike, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first twenty-four (24) hour period of such unauthorized work stoppage in violation of this Agreement.
5.1.2. The Guild and the employees shall not cause or engage in any work stoppage, strike, slowdown, or other interference with Employer functions. No employee shall have willfully absent himself or herself from his or her position, or abstain in whole or in part from the sole full, faithful and complete right proper performance of reasonable disciplinehis or her duties of employment for the purpose of inducing, including suspension from employmentinfluencing or coercing a change in his or her conditions of compensation, up or rights, privileges, conditions or obligations of employment of themselves, fellow employees, or other employee groups.
5.1.3. The Guild agrees and all employees agree, it and they shall not, at any time, authorize, instigate, sanction, cause, participate in, encourage, or support any strike affecting the Employer. Strikes shall also be defined to and including seven (7) daysinclude, but short shall not be limited to, slowdowns, stoppages of dischargework, and such membertie-ups, sit-ins, mass absences due to sickness or other reasons, demonstrations, picketing (except where constitutionally permitted), boycotts, obstructionism, or members any other form of this bargaining unit concerted activity such as disruption, interruption, or interference in any manner or kind whatsoever with any and all operations, facilities or activities of the Employer. The Guild and the Employees agree that they will not honor any picket line established by any labor organization in the event of being called upon to cross such picket line in the performance of duty.
5.1.4. Employees who engage in any of the foregoing prohibited actions shall be subject to such disciplinary or discharge actions as may be determined by the Employer including, but not limited to, recovery of any financial losses suffered by the Employer as a result of such prohibited actions.
5.1.5. Employees shall not be entitled to any benefits or have wages whatsoever while they are engaged in a strike, boycott, slowdown, mass sick call, any recourse form of work stoppage, refusal to perform duties, or other interruption of work or prohibition contained in the grievance procedure, but foregoing paragraphs.
5.1.6. In the question event the Employer determines that a breach of whether a member or members any of this bargaining unit the foregoing provisions has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continuesoccurred, the Employer shall have shall, as soon as possible, attempt to notify the sole and complete right to immediately further discipline or discharge any member or members Guild of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedurealleged breach.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE. At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, picketing, any kind of hand billing other than hand bills distributed solely to bargaining unit employees, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Operator agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members of lockout at this Bargaining Unit. Nor shall there be any strike or interruption of work facility during the term life of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member The Operator shall have the unqualified right to discharge or members of this Bargaining Unit discipline any or all workers who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and engage in any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedureSection. Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation primary or secondary nature, and/or any other activity which interferes, directly or indirectly, with the Operator’s operation and/or the operation of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over facilities for which the Association has no control. In such circumstancesOperator provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Operator, shall: Publicly disavow such action by the workers; Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately; Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately. The Union’s actions detailed above in sections A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Operator as a result of the violation of this Agreement, shall have Section of the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this collective bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureagreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NO STRIKE CLAUSE.
SECTION 21.1 At no time, shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, stoppage of work, retarding of work or boycott, coordinating of sickout, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Employer agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with lockout at this facility during the operations of the School Department by any members life of this Bargaining Unit. Nor Agreement.
SECTION 21.2 The Employer shall there be have the unqualified right to discharge or discipline any strike or interruption of work during the term of this Agreement by all workers who engage in any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedure. Article.
SECTION 21.3 Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation of the Agreement and is not authorized primary or condoned by the South Xxxxxx Education Association secondary nature, and/or any other activity which interferes, directly or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect indirectly, with the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over operation and/or the operation of any facilities for which the Association has no control. In such circumstancesEmployer provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Employer, shall:
A. Publicly disavow such action by the workers;
B. Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately;
C. Post notices on Union bulletin boards advising that it disapproves such action and instructing workers to return to work immediately.
SECTION 21.4 The Union’s actions detailed above in A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Employer as a result of the violation of this Agreement, shall have Article of the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this collective bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure.agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, picketing, any kind of hand billing other than hand bills distributed solely to bargaining unit employees, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Operator agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members of lockout at this Bargaining Unit. Nor shall there be any strike or interruption of work facility during the term life of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member The Operator shall have the unqualified right to discharge or members of this Bargaining Unit discipline any or all workers who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and engage in any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedureSection. Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation primary or secondary nature, and/or any other activity which interferes, directly or indirectly, with the Operator’s operation and/or the operation of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over facilities for which the Association has no control. In such circumstancesOperator provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Operator, shall:
a) Publicly disavow such action by the workers;
b) Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately;
c) Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately. The Union’s actions detailed above in sections A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Operator as a result of the violation of this Agreement, shall have Section of the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this collective bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureagreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. During SECTION A. The County will not lock out employees during the term of this Agreement.
SECTION B. The parties to this Agreement mutually recognize and any extension thereof the parties hereto agree that there shall be the services performed by the Employees covered by this Agreement are services essential to the public health, safety and welfare.
SECTION C. Under no strikes circumstances will the bargaining unit cause or permit its members to cause, nor will any member of the bargaining unit take part in any kind whatsoever; strike, sit-down, stay-in, slowdown of work stoppagesor restrictions of production, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members County. In the event of this Bargaining Unit. Nor shall there be any strike or interruption of a work during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a violation of this article shall be subject to the grievance procedure. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or sit-down, stay-in, slowdown of work is a violation or other curtailments of production, the County shall not be required to negotiate on the merits of the Agreement and is not authorized dispute that gave rise to stoppage or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which the Association curtailment until same has no control. In such circumstances, the Association will immediately notify the Employer in writing that such is the case. ceased.
SECTION D. In the case event of any strike, a work stoppage, sitdown sit-down, stay-in, slowdown of work or slowdown which is not instigatedconcerted use of paid leave time or restriction of production, authorizedor interference with the operations of the County or any other curtailment, aided, condoned or participated in by either the XXXX or the MTA or by the agents of eitheremployees covered hereunder, the Employer agrees that it bargaining unit by its officers, shall not initiate a suit against XXXX or the MTA for damages resulting from any immediately publicly declare such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first twenty-four (24) hour period of such unauthorized work stoppage or other curtailment to be illegal and unauthorized, and order said employees to stop the said conduct and resume work. The bargaining unit agrees further to cooperate with the County to remedy such situation by immediately giving public notice that said conduct is unlawful and direct the employees to return to work. The County shall have the right to discipline any employee who instigates, participates in, or gives leadership to any activity herein prohibited.
SECTION E. An employee in violation of this Agreement, shall Article will have no recourse through the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of dischargeGrievance Procedure, and the bargaining unit agrees it will not represent such membermembers.
SECTION F. The County shall indemnify and hold the Union harmless against any and all claims, demands, suits or other forms of liability that shall arise out of the failure to represent members of this the bargaining unit shall not be entitled to or have any recourse to under the grievance procedure, but the question of whether a member or members provisions of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureArticle.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. During SECTION A. The Employer will not lock out employees during the term of this Agreement.
SECTION B. The parties to this Agreement mutually recognize and any extension thereof the parties hereto agree that there shall be the services performed by the Employees covered by this Agreement are services essential to the public health, safety and welfare.
SECTION C. Under no strikes circumstances will the bargaining unit cause or permit its members to cause, nor will any member of the bargaining unit take part in any kind whatsoever; strike, sit-down, stay-in, slowdown of work stoppagesor restrictions of production, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members County. In the event of this Bargaining Unit. Nor shall there be any strike or interruption of a work during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a violation of this article shall be subject to the grievance procedure. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or sit-down, stay-in, slowdown of work is a violation or other curtailments of production, the County shall not be required to negotiate on the merits of the Agreement and is not authorized dispute that gave rise to stoppage or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which the Association curtailment until same has no control. In such circumstances, the Association will immediately notify the Employer in writing that such is the case. ceased.
SECTION D. In the case event of any strike, a work stoppage, sitdown sit-down, stay-in, slowdown of work or slowdown which is not instigatedconcerted use of paid leave time or restriction of production, authorizedor interference with the operations of the County or any other curtailment, aided, condoned or participated in by either the XXXX or the MTA or by the agents of eitheremployees covered hereunder, the Employer agrees that it bargaining unit by its officers, shall not initiate a suit against XXXX or the MTA for damages resulting from any immediately publicly declare such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first twenty-four (24) hour period of such unauthorized work stoppage or other curtailment to be illegal and unauthorized, and order said employees to stop the said conduct and resume work. The bargaining unit agrees further to cooperate with the County to remedy such situation by immediately giving public notice that said conduct is unlawful and direct the employees to return to work. The County shall have the right to discipline any employee who instigates, participates in, or gives leadership to any activity herein prohibited.
SECTION E. An employee in violation of this Agreement, shall Article will have no recourse through the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of dischargeGrievance Procedure, and the bargaining unit agrees it will not represent such membermembers.
SECTION F. The County shall indemnify and hold the Union harmless against any and all claims, demands, suits or other forms of liability that shall arise out of the failure to represent members of this the bargaining unit shall not be entitled to or have any recourse to under the grievance procedure, but the question of whether a member or members provisions of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureArticle.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. During It is the intent of the parties to this Agreement that the grievance procedure herein shall serve as a means for the peaceable settlement of all disputes that may arise between them. The Union agrees that during the life of this Agreement, neither the Union, its agents, nor its members will authorize, instigate, aid or engage in a work stoppage, slow-down or a strike against the Road Commission. Management agrees that during the same period there will be no lockout. In the event of a work stoppage, picketing or any other curtailment by the Union or the employees covered hereunder during the term of this Agreement Agreement, the Union, by its officers and agents, shall immediately declare such work stoppage, picketing or other curtailment to be illegal and unauthorized in writing to the employees and order said employees in writing to stop the said conduct and resume full work. Copies of such written notices shall be served upon the Employer. The Employer shall have the right to discharge any extension thereof employee who instigates, participates in, or gives leadership to any activity herein prohibited. The employees and the parties hereto Union further agree that they shall not use the services of outside persons to perform picket duties against the Employer. An employee in violation of this Article shall have no recourse through this Grievance or Arbitration Procedure and the Union agrees it will not represent members who violate this Article. The Union further agrees that there shall be no strikes strikes, stay-ins, stoppages of work or any acts that interfere with the services of the Employer. The occurrence of any kind whatsoever; work stoppages, slow-downs; withholding such acts or actions prohibited in this Article by the Union or the employees shall be deemed a violation of services; or interference or interruption with this Agreement. Should the operations Union commit any of the School Department by acts prohibited in this Article, the Employer shall be entitled to seek injunctive relief to halt such action and to recover any members of this Bargaining Uniteconomic damages. Nor shall there be any strike or interruption of work The Employer agrees that it will not lock out its employees during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members Such action of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject Employer subjects it to the grievance procedure same type of injunctive relief and any claim by either party against the other liability for a violation of this article shall be subject to the grievance procedure. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown of work is a violation of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which the Association has no control. In such circumstances, the Association will immediately notify the Employer in writing that such is the case. In the case of any strike, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first twenty-four (24) hour period of such unauthorized work stoppage in violation of this Agreement, shall have the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureeconomic sanctions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. SECTION 21.1 At no time, shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, stoppage of work, retarding of work or boycott, coordinating of sickout, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Employer agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with lockout at this facility during the operations of the School Department by any members life of this Bargaining Unit. Nor Agreement.
SECTION 21.2 The Employer shall there be have the unqualified right to discharge or discipline any strike or interruption of work during the term of this Agreement by all workers who engage in any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedure. Article.
SECTION 21.3 Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation of the Agreement and is not authorized primary or condoned by the South Xxxxxx Education Association secondary nature, and/or any other activity which interferes, directly or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect indirectly, with the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over operation and/or the operation of any facilities for which the Association has no control. In such circumstancesEmployer provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Employer, shall:
A. Publicly disavow such action by the workers;
B. Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately;
C. Post notices on Union bulletin boards advising that it disapproves such action and instructing workers to return to work immediately.
SECTION 21.4 The Union’s actions detailed above in A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Employer as a result of the violation of this AgreementArticle of the collective bargaining agreement.
SECTION 21.5 The term “strike” shall include a failure to report for work because of a primary or secondary picket line at the Employer’s premises, shall have the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of whether established by this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation union and any slowdown, sit down, walk out, sick out or any withholding of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have labor during working hours for any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureunexcused reason.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. SECTION 1. During the term life of this Agreement and AGREEMENT, the UNION shall not cause, authorize, sanction or condone, nor shall any extension thereof member of the parties hereto agree that there shall be no strikes UNION take part in, any strike, sit-down, stay-in, slow down, sympathy strike, work stoppage, curtailment of any kind whatsoever; work stoppageswork, slow-downs; withholding picketing, concerted improper use of services; paid leave time, restriction of work, or interference or interruption with the operations of the School Department by VILLAGE, including a labor dispute between the VILLAGE and any members other labor organization.
SECTION 2. In the event of such prohibited conduct mentioned in Section 1 above, the UNION shall immediately instruct the involved employees in writing, with a copy for the VILLAGE, that their conduct is in violation of this Bargaining UnitAGREEMENT and that they may be disciplined and/or discharged, and further shall instruct all persons to immediately cease the offending conduct. Nor The UNION further agrees that the VILLAGE shall there be have the right to discipline (including discharge) any strike or interruption of work during the term of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit all employees who violate this provision Article. All fringe benefits shall be subject to disciplinary action, including discharge; but cease during such a period of prohibited conduct.
SECTION 3. In the question event of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a violation of this article Article, the VILLAGE shall be subject have the right, in addition to the grievance procedureforegoing and any other remedies it may have, to obtain injunctive relief.
SECTION 4. Should there be any strike or interruption of work, the Association, through its officials, shall notify the persons involved The VILLAGE agrees that the strike, stoppage, sitdown or slowdown of work is a violation in consideration of the Agreement and is not authorized or condoned by the South Xxxxxx Education Association or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over which the Association has no control. In such circumstances, the Association will immediately notify the Employer in writing that such is the case. In the case of any strike, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employerforegoing, during the first twenty-four (24) hour period of such unauthorized work stoppage in violation life of this AgreementAGREEMENT the VILLAGE will not lockout employees. ARTICLE xxvrn - ENTIRE AGREEMENT CLAUSE This AGREEMENT supersedes and cancels all previous agreements, shall have verbal or written or based on alleged past practices, between the sole VILLAGE and complete right of reasonable discipline, including suspension from employment, up to the UNION and including seven (7) days, but short of discharge, and such member, constitutes the entire agreement between the parties. Any amendment or members of this bargaining unit agreement supplemental hereto shall not be entitled to or have any recourse to binding upon either party unless executed in writing by the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureparties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, picketing, any kind of hand billing other than hand bills distributed solely to bargaining unit employees, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Employer agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with the operations of the School Department by any members of lockout at this Bargaining Unit. Nor shall there be any strike or interruption of work facility during the term life of this Agreement by any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member The Employer shall have the unqualified right to discharge or members of this Bargaining Unit discipline any or all workers who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and engage in any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedureSection. Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation of the Agreement and is not authorized primary or condoned by the South Xxxxxx Education Association secondary nature, and/or any other activity which interferes, directly or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect indirectly, with the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over operation and/or the operation of any facilities for which the Association has no control. In such circumstancesEmployer provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Employer, shall:
A. Publicly disavow such action by the workers;
B. Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately; and
C. Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately. The Union’s actions detailed above in sections A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Employer as a result of the violation of this Agreement, shall have Section of the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of this collective bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureagreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NO STRIKE CLAUSE. SECTION 22.1 At no time shall there be a strike at the facility organized under this Agreement. During the term of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members, agrees that it will not cause, sanction or take part in any extension thereof strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the parties hereto agree Employer’s operations at this facility. The Employer agrees that there shall be no strikes of any kind whatsoever; work stoppages, slow-downs; withholding of services; or interference or interruption with lockout at this facility during the operations of the School Department by any members life of this Bargaining Unit. Nor Agreement.
SECTION 22.2 The Employer shall there be have the unqualified right to discharge or discipline any strike or interruption of work during the term of this Agreement by all workers who engage in any members of this Bargaining Unit because of any disputes or disagreements between any other persons (or other employers or Associations) who are not signatory parties to this Agreement. A member or members of this Bargaining Unit who violate this provision shall be subject to disciplinary action, including discharge; but the question of whether a member or members of this Bargaining Unit has violated this provision will be subject to the grievance procedure and any claim by either party against the other for a conduct in violation of this article shall be subject to the grievance procedure. Article.
SECTION 22.3 Should there be any strike (whether it be economic, unfair labor practice, sympathy or interruption otherwise), slowdown, walkout, sit-down, picketing, stoppage of work, the Association, through its officials, shall notify the persons involved that the strike, stoppage, sitdown or slowdown retarding of work is or boycott, whether it be of a violation of the Agreement and is not authorized primary or condoned by the South Xxxxxx Education Association secondary nature, and/or any other activity which interferes, directly or Massachusetts Teachers Association and that the member or members of this bargaining unit shall return immediately to their respective jobs and cease any action which might adversely affect indirectly, with the Employer’s operations. The Association agrees that it will exert its best efforts to end such activity, although it is understood that there may be circumstances over operation and/or the operation of any facilities for which the Association has no control. In such circumstancesEmployer provides services, the Association will immediately notify the Employer in writing that such is the case. In the case of any strikeUnion, work stoppage, sitdown or slowdown which is not instigated, authorized, aided, condoned or participated in by either the XXXX or the MTA or by the agents of either, the Employer agrees that it shall not initiate a suit against XXXX or the MTA for damages resulting from any such strike, work stoppage, sitdown or slowdown. It is specifically understood and agreed that the Employer, during the first within twenty-four (24) hour period hours of a request by the Employer, shall:
a) Publicly disavow such action by the workers;
b) Notify the workers of its disapproval of such unauthorized action and instruct them to cease such action and return to work stoppage immediately;
c) Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately.
SECTION 22.4 The Union’s actions detailed above in A, B and C, and the performance thereof, shall relieve the Union of liability for any damages suffered by the Employer as a result of the violation of this AgreementArticle of the collective bargaining agreement.
SECTION 22.5 The term “strike” shall include a failure to report for work because of a primary or secondary picket line at the Employer’s premises, shall have the sole and complete right of reasonable discipline, including suspension from employment, up to and including seven (7) days, but short of discharge, and such member, or members of whether established by this bargaining unit shall not be entitled to or have any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedure. After the first twenty-four (24) hour period of unauthorized stoppage in violation of this Agreement, and if such stoppage continues, the Employer shall have the sole and complete right to immediately further discipline or discharge any member or members of this bargaining unit participating in any unauthorized strike, slowdown, walkout or any other cessation union and any slowdown, sit down, walk out, sick out or any withholding of work in violation of this Agreement, and such member or members of this bargaining unit shall not be entitled to or have labor during working hours for any recourse to the grievance procedure, but the question of whether a member or members of this bargaining unit has violated this provision will be subject to the grievance procedureunexcused reason.
Appears in 1 contract
Samples: Collective Bargaining Agreement