Common use of NO STRIKE OR LOCKOUT Clause in Contracts

NO STRIKE OR LOCKOUT. A. No Employee, during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 6 contracts

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

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NO STRIKE OR LOCKOUT. A. No Employeeemployee, during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation obligations of the CITYMunicipality. The CITY Municipality agrees that there will be no lockout. B. Neither the Union Association nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITYMunicipality. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the UnionAssociation, within twenty- twenty-four (24) hours of a request by the CITYMunicipality, shall: (1) publicly . Publicly disavow such action by the Employeesemployees; (2) advise . Advise the CITY Municipality in writing that such action by Employees employees has not been caused or sanctioned by the UnionAssociation; (3) notify Employees. Notify employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees employees to cease action and return to work immediately; (4) post . Post notices on Union Association bulletin boards advising that it disapproves of such action and instructing Employees employees to return to work immediately. D. Nothing contained herein shall preclude the CITY Municipality from obtaining judicial restraint or any other legal remedies available to the CITY Municipality under State law in the event of a violation of this Article. Section 2. E. In order to prevent the disruption of the essential services provided by the Division of PoliceFire, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Chapter 4117 of the Ohio Revised Code, Chapter 4117 Code or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 5 contracts

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

NO STRIKE OR LOCKOUT. A. No Employeeemployee, during the term of this Agreement, shall engage in any strike, sympathy strike, partial strike, slowdown, sit-down, sit-in, cessation, stoppage, work stoppage or similar refusal to perform work, picketing (except for lawful informational hand billing or leafleting) picketing), or any other interference with the work and statutory functions or obligation obligations of the CITY. The CITY agrees that there will be no lockoutEmployer. B. Neither the Union nor its officers or agents agents, during the term of this Agreement, shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, partial strike, slowdown, sit-down, sit-in, cessation, stoppage, work stoppage or similar refusal to performperform work, picketing (except for lawful informational hand billing or leafletingpicketing), or any other interference with the work and statutory functions or obligations of the CITYEmployer. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, partial strike, slowdown, sit-down, sit-in, cessation, stoppage, work stoppage or similar refusal to perform work, picketing (except for lawful informational hand billing or leafleting), picketing) or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITYEmployer, shall: (1) publicly Publicly disavow such action by the Employeesemployees; (2) advise Advise the CITY Employer in writing that such action by Employees employees has not been caused or sanctioned by the Union; (3) notify EmployeesNotify employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees employees to cease action and return to work immediately; (4) post Post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or In addition to any other legal rights and remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division law, and notwithstanding any provisions of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.O.R.

Appears in 4 contracts

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

NO STRIKE OR LOCKOUT. A. Section 1: No Employee, during the term of this AgreementAgreement or otherwise, shall engage in any strike, sympathy strike, partial strike, slowdown, sit-downsitdown, sit-in, cessation, work stoppage, or similar refusal to perform work, picketing (except for lawful informational hand billing or leafletingpicketing) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Section 2: Neither the Union nor its officers or agents agents, shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, partial strike, slowdown, sit-sit- down, sit-sit- in, cessation, work stoppage, refusal to performperform work, picketing (except informational hand billing or leafletingpicketing), or any other interference with the work and statutory functions or obligations of the CITY. C. Section 3: In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, partial strike, slowdown, sit-down, sit-in, cessation, stoppage, work stoppage or similar refusal to perform work, picketing (except for lawful informational hand billing or leafletingpicketing), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITY, shall: (1) A. publicly disavow such action by the Employees; (2) B. advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) C. notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) D. post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Section 4: In addition to any other rights and remedies provided by law, and notwithstanding any provisions of the Ohio Revised Code, Chapter 4117 to the contrary, the CITY may discharge or otherwise discipline an Employee, subject to the grievance and arbitration procedure of this Agreement, for a violation of his obligations under this article. Section 5: Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law and damages in the event of a violation of this Articlearticle. Section 2. In order to prevent the disruption 6: Upon expiration of the essential services provided by the Division of Policethis Agreement, the parties hereto agree that if an impasse is reached during negotiations for shall submit to a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in offer settlement procedure consistent with Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates Section 4117.14 (D)(1) and as outlined in final and binding arbitrationOhio Administrative Code 4117-9-06.

Appears in 4 contracts

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

NO STRIKE OR LOCKOUT. A. Section 1: No Employee, during the term of this AgreementAgreement or otherwise, shall engage in any strike, sympathy strike, partial strike, slowdown, sit-downsitdown, sit-in, cessation, work stoppage, or similar refusal to perform work, picketing (except for lawful informational hand billing or leafletingpicketing) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Section 2: Neither the Union nor its officers or agents agents, shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, partial strike, slowdown, sit-down, sit-sit- in, cessation, work stoppage, refusal to performperform work, picketing (except informational hand billing or leafletingpicketing), or any other interference with the work and statutory functions or obligations of the CITY. C. Section 3: In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, partial strike, slowdown, sit-down, sit-in, cessation, stoppage, work stoppage or similar refusal to perform work, picketing (except for lawful informational hand billing or leafletingpicketing), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITY, shall: (1a) publicly disavow such action by the Employees; (2b) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3c) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4d) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Section 4: In addition to any other rights and remedies provided by law, and notwithstanding any provisions of the Ohio Revised Code, Chapter 4117 to the contrary, the CITY may Section 5: Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law and damages in the event of a violation of this Articlearticle. Section 2. In order to prevent the disruption 6: Upon expiration of the essential services provided by the Division of Policethis Agreement, the parties hereto agree that if an impasse is reached during negotiations for shall submit to a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in offer settlement procedure consistent with Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates Section 4117.14 (D)(1) and as outlined in final and binding arbitrationOhio Administrative Code 4117-9-06.

Appears in 3 contracts

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

NO STRIKE OR LOCKOUT. A. Section 1. No Employee, during the term of this Agreement, Employee shall engage in any strike, sympathy sit-down, slow-down, speed-up, sit-in, cessation, stoppage or refusal to perform work, including any intermittent strike. Section 2. The Union, its officers and agents, shall not in any way authorize, assist, encourage or participate in any strike, slowdownslow-down, speed-up, sit-down, sit-in, cessation, stoppage, stoppage or refusal to perform work, picketing (except informational hand billing or leafleting) or including any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockoutintermittent strike. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. Section 3. In addition to any other liability, remedy, remedy or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, slow-down, speed-up, sit-in, cessation, stoppage, stoppage or refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above work occur, the Union, within twenty- twenty-four (24) hours of a request by the CITYEmployer, shall: (1a) publicly disavow such action by the Employees; (2b) advise the CITY Employer in writing that such action by Employees has not been caused or sanctioned by the Union; (3c) notify Employees, including its local officers and representatives, Employees of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4d) post notices on at Union bulletin boards advising that it disapproves of such action action, and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude Section 4. The Employer agrees that it will not lockout Employees during the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation term of this Article. Section 2. In order to prevent Agreement and the disruption of the essential services provided by the Division of Police, the parties hereto Union and Employees agree that if an impasse is reached no picketing against the Employer will occur during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationthe term of this Agreement.

Appears in 3 contracts

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

NO STRIKE OR LOCKOUT. A. Section 45.1. During the term of this Agreement or any extension thereof, it is the intent of the parties to this Agreement that the grievance procedure as set forth in Article 17 shall serve as the means for a peaceful settlement of any disputes that may arise, and the Union will cooperate fully with the Employer in maintaining uninterrupted operations. Section 45.2. No Employeeemployee, during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation obligations of the CITY. The CITY agrees that there will be no lockoutEmployer. B. Section 45.3. Neither the Union nor its officers or agents shall in any way authorize, institute, aideaid, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-sit- in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITYEmployer. C. Section 45.4. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) 24 hours of a request by the CITYEmployer, shall: (1) publicly disavow such action by the Employees; (2) . advise the CITY Employer in writing that such action by Employees employees has not been caused or sanctioned by the Union; (3) 2. notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees employees to cease action and return to work immediately; (4) 3. post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees employees to return to work immediately. D. Nothing contained herein shall preclude Section 45.5. The Employer agrees that it will not lockout employees during the CITY from obtaining judicial restraint or term of this Agreement. Section 45.6. In addition to any other legal rights or remedies available provided by law, the Employer may discharge or otherwise discipline an employee, subject to the CITY under State law in the event grievance and arbitration procedure of this Agreement, for a violation of his or her obligations under this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 3 contracts

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

NO STRIKE OR LOCKOUT. A. 7.01 The City and the Union agree that the grievance procedures provided in this Agreement are adequate to provide fair and final determination of all grievances arising under the terms of this contract. 7.02 During the period of this Agreement there shall be no strikes, stoppages, slow- downs, picketing, or other interference with the operations of the City, nor shall there be abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment by concerting actions with others, all of which are hereinafter referred to as strikes. 7.03 No Employeeofficer, during or representative of the Union, shall authorize, instigate, aid, or condone any strikes, and no employee of the bargaining unit shall participate in any strike. Union liability shall exist only if the Union calls, sanctions, ignores, disregards , or fails to take prompt action in endeavoring to terminate such strike or activity by members of the bargaining unit. 7.04 During the term of this Agreement, Agreement there shall engage in any be no lockouts. 7.05 The City shall be under no obligation to bargain with the Union concerning employees who are on strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or concerning the subject of any other interference with strike so long as the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockoutstrike continues. B. Neither the Union nor its officers 7.06 The City may discipline or agents shall discharge any employee who engages or otherwise participates in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy and such action shall not be subject to the grievance procedures contained in this Agreement upon any grounds other than the grounds that the employee did not take part in the strike, slowdowneither by picketing or failing, sitwithout being excused by the Department Director, to report to work on the assigned shift or under the call-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occurback provisions of this Agreement. Other than discharge, the Union, within twenty- four (24) hours of a request by discipline imposed may include the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption right of the essential services provided by City to forfeit all or part of the Division of Policeemployee’s seniority rights, the parties hereto agree that if accrued annual leave or sick leave. The City may also impose on an impasse is reached during negotiations for employee who violates this Article as a successor collective bargaining agreementcondition to continued employment, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationthe employee lose all holiday benefits for the remainder of the year.

Appears in 3 contracts

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

NO STRIKE OR LOCKOUT. A. Section 1: No Employee, during the term of this AgreementAgreement or otherwise, shall engage in any strike, sympathy strike, partial strike, slowdown, sit-downsitdown, sit-in, cessation, work stoppage, or similar refusal to perform work, picketing (except for lawful informational hand billing or leafletingpicketing) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Section 2: Neither the Union nor its officers or agents agents, shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, partial strike, slowdown, sit-down, sit-sit- in, cessation, work stoppage, refusal to performperform work, picketing (except informational hand billing or leafletingpicketing), or any other interference with the work and statutory functions or obligations of the CITY. C. Section 3: In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, partial strike, slowdown, sit-down, sit-in, cessation, stoppage, work stoppage or similar refusal to perform work, picketing (except for lawful informational hand billing or leafletingpicketing), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITY, shall: (1a) publicly disavow such action by the Employees; (2b) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3c) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4d) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Section 4: In addition to any other rights and remedies provided by law, and notwithstanding any provisions of the Ohio Revised Code, Chapter 4117 to the contrary, the CITY may discharge or otherwise discipline an Employee, subject to the grievance and arbitration procedure of this Agreement, for a violation of his obligations under this article. Section 5: Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law and damages in the event of a violation of this Articlearticle. Section 2. In order to prevent the disruption 6: Upon expiration of the essential services provided by the Division of Policethis Agreement, the parties hereto agree that if an impasse is reached during negotiations for shall submit to a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in offer settlement procedure consistent with Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates Section 4117.14 (D)(1) and as outlined in final and binding arbitrationOhio Administrative Code 4117-9-06.

Appears in 3 contracts

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

NO STRIKE OR LOCKOUT. A. No EmployeeDuring the life of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents and members agrees that so long as this Agreement or any written extension hereof is in effect, there shall be no strikes (economic, unfair labor practice, or otherwise), slowdowns, walkouts, sit-downs, picketing, boycotts or any activities which interfere directly or indirectly, with the operations of the Employer, including any negative publication through social media (e.g. Facebook, Twitter) regarding residents or their family members. B. The Union, its officers, agents, representatives and members, shall not in any way, directly or indirectly, authorize, assist, encourage, participate in, sanction, ratify, condone or lend support to any strike in violation of the Article and the Union will specifically disavow any conduct proscribed in Section A of this Article by posting a notice in the Facility advising members to cease such conduct. C. Any employee who violates this Article shall be subject to disciplinary action, including discharge. D. Any claim or suit for damages resulting from the Union’s violation of this Article shall not be subject to the arbitration provision of this Agreement. E. If any of the acts of conduct prohibited by Section A occur during the term of this Agreement, the Employer shall engage in not be required to discuss or negotiate, or hear, or rule on any strikeproblem or grievance relating to such acts, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with until such time as the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockoutprohibited acts are discontinued. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. F. In addition to any other liability, remedy, remedy or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above strike in violation of the Article occur, the Union, within twenty- twenty-four (24) hours of a request by the CITYEmployer, shall:shall do everything within its power to end or avert the strike. (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising G. The Employer agrees that it disapproves will not lock out employees during the term of such action and instructing Employees to return to work immediatelythis Agreement. Complete or partial reduction of operations for economic reasons shall not be considered a lockout. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available H. The sole exception to the CITY under State law in the event of a violation provisions of this Article. Section 2is if either the Union or the Employer exercises their option to reopen this Agreement to negotiate wages as provided for in Section 14(C) of this Agreement. In order to prevent this case, if negotiations on the disruption of the essential services provided wage reopener have not concluded by the Division of PoliceMarch 1, 2014, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final Union may strike and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationthe Employer may lockout the employees.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee14/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Association recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 14/1 2 A. The Association agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strikework stoppage, slowdown, sit-sit down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Association agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: 1. Imposing discipline, including discharge or obligation suspension without pay on any, some, or all of the CITYemployees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; 2. The CITY agrees that there will be no lockoutCanceling the civil service status of any employee engaging therein; 3. Seeking an injunction and/or requesting the imposition of fines either against the Association and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. B. Neither 14/1 3 When the Union nor Employer notifies the Association by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Association shall immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Association shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Association to take such action shall be considered in determining whether or not the Association caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the CITYordinary processes of law. 14/1 4 B. The Employer agrees that neither it, shall: (1) publicly disavow such action by its officers, agents or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. 14/1/5 C. In the Employees; (2) advise event a dispute arises between the CITY in writing that such action by Employees parties hereto with respect to whether or not the Association, or any of its officers, agents or representatives, has not been caused or sanctioned authorized, either directly or indirectly, a strike, work stoppage, sit-down, stay-in, slowdown or other concerted interruption of operations or services by the Union; (3) notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes shall be settled as provided in Article IV of this Agreement. This Article shall not affect the right of the Employer to deal with any strike activity pursuant to Part A of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee25.1 The Employer and the Union recognize, that because of the community services rendered by the Nursing Home and because of humanitarian reasons, one of the purposes of the Agreement is to guarantee there will be no strikes, slowdowns, work stoppages or employee lockouts during the life of this Agreement. 25.2 During the term of this Agreement, neither the Union, its members, agents or representatives, nor any employees shall: a) Engage in, or in any way encourage, tolerate, condone, sanction, support or cause any strike (economic sympathy, unfair labor practice, or otherwise), slowdown, curtailment of production, work stoppage, concerted failure to report, concerted departure from work, or any other interference with work at the Employer's facility; or b) Prevent or attempt to prevent the access of employees to the facility. 25.3 The Employer shall have the right to take disciplinary action, including discharge, against any or all employees who participate in or who aid, abet or encourage others to participate in any action in violation of Section 25.2 of this Article. The Employer shall not be obligated to apply the same disciplinary measures to all employees who violate the provisions of this article. Employee involvement in action in violation of Section 25.2 of this Article as herein above described, and any discipline imposed as a result thereof, shall only be grievable as to whether the facts relied upon by the Employer in imposing discipline are true. 25.4 In the event that an unauthorized strike or other interference with work occurs, the Union shall: a) Notify the Employer that such strike or other interference with work is unauthorized, and b) Order its members to return to normal work, and c) Advise the employees in writing that the strike or other interference with work is unauthorized and that the employees are directed to cease such action and return to work. 25.5 The Employer will not lockout its employees covered by this Agreement during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 13/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 13/1 2 The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy work stoppage, sit down, stay-in, slowdown or other concerted interruption of operations or services by employees (including purported mass resignations or sick calls) or any concomitant thereof. The Union agrees that the Employer has the right to deal with any such strike activity by: A. Imposing discipline, including discharge or suspension without pay on any, some or all of the employees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose: B. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. 13/1 3 When the Employer notifies the Union by certified mail that any of its members are engaged in any such strike activity, the Union shall immediately, in writing, order such employees to return to work, provide the Employer with a copy of such order by certified mail within 24 hours of receipt of the notification from the Employer, and a responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the ordinary processes of law. 13/1 4 The Employer agrees that neither, it, its officers, agency or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. If a lockout does, in fact, occur, all affected employees shall be paid for such period of time at their regular rate of pay for time lost from work due to the lockout. Section 2 13/2/1 In the event a dispute arises between the parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has caused or authorized, either directly or indirectly, a strike, slowdownwork stoppage, sit-down, sitstay-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing slowdown or leafleting) other concerted interruption of operations or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condoneservices by employees, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes shall be settled as provided in Article IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee, during During the term of this AgreementAgreement the Union agrees on behalf of itself and each of its members and affiliates that there shall be no authorized strike of any kind and there shall be no boycott, shall engage in any picketing, work stoppage, slowdown, strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference type of organized interference, coercive or otherwise, with the work and statutory functions or obligation Employer's business, whether such action is attributable to a dispute over existing contract rights, a dispute involving an affiliate of the CITYCompany, another employer or Union, or for any other reason. The CITY In the event any violation of the previous paragraph occurs which is unauthorized by the Union, the Employer agrees that there will shall be no lockout. B. Neither liability on the part of the International or Local Union or any of their officers or agents, provided that in the event of such unauthorized action the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with first meets the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shallfollowing conditions: (1a) The Union shall declare publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned is unauthorized by the Union;Union if requested to do so by the Employer, (3b) notify Employees, including The Union shall promptly order its local officers and representatives, of its disapproval of such action and instruct such Employees members to cease and desist from said action immediately and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediatelyand, in good faith and to the full extent of its power under the Union’s Constitution, use its best efforts to bring such unlawful action to a stop, the existence of a picket line notwithstanding. D. Nothing contained herein c) The Union shall preclude not question the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption unqualified right of the essential services provided by Employer to discipline or discharge employees engaging in, participating in, or encouraging such action. It is understood that such action on the Division part of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will Employer shall be resolved by final and binding arbitration upon the Union and its members, and shall in no case be construed as provided in Ohio Revised Codea violation by the Employer of any provision of this Agreement. However, Chapter 4117 an issue of fact as to whether or by a mutually agreed upon alternative dispute resolution procedurenot any particular employee has engaged in, provided that procedure culminates in final participated in, or encouraged any such violation may be subject to grievance and binding arbitration. d) This Article shall not serve to prohibit any individual member of the Union, at his own discretion, from refusing to cross a primary sanctioned picket against the Employer. There shall be no lockout by the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1. Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: A. The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strike, slowdownwork stoppage, sit-down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: 1. Imposing discipline including discharge or obligation suspension without pay on any, some, or all of the CITYemployees participating therein, and/or on any, some or all of the leaders of the labor organization who so participate, as the Employer may choose; 2. The CITY agrees that there will be no lockout.Canceling the civil service status of any employee engaging therein; B. Neither 3. Seeking an injunction and/or requesting the imposition of fines either against the Union nor and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. When the Employer notifies the Union by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union shall immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty-four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the CITYordinary processes of law. B. The Employer agrees that neither it, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused its officers, agents or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint individually or collectively, will authorize, instigate, cause, aid or condone any other legal remedies available to the CITY under State law in the event of a violation of this Articlelockout. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, event a dispute arises between the parties hereto agree that if an impasse is reached during negotiations for with respect to whether or not the Union or any of its officers, agents or representatives, has caused or authorized, either directly or indirectly, a successor collective bargaining agreementstrike, that said dispute(s) will work stoppage, sit-down, stay-in, slowdown or other concerted interruption of operations, or services by employees, or in the event of a dispute arising as to whether or not the Employer has locked out employees such disputes shall be resolved by final and binding arbitration settled as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationArticle IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. 1. No Employee, during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) for lawful-off-duty picketing), or any other interference with the work and statutory functions or obligation obligations of the CITY. The CITY agrees that there will be no lockoutEmployer. B. 2. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafletingfor lawful-off-duty picketing), or any other interference with the work and statutory functions or obligations of the CITYEmployer. The Employer agrees that it will not lockout Employees during the term of this Agreement. C. 3. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafletingfor lawful-off-duty picketing), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITYEmployer, shall: (1) publicly disavow such action by the Employees; (2a) advise the CITY Employer in writing that such action by Employees has not been caused or sanctioned by the Union; (3b) notify Employees, including its local officers and representatives, all Employees of its disapproval of such action and instruct such Employees to cease action and return to work immediately;; and (4c) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. 4. In addition to any other rights and remedies provided by law, Employees may be disciplined pursuant to Article 31, Discharge and Discipline, for a violation of his or her obligations under this Article. 5. Nothing contained herein shall preclude the CITY Employer from obtaining judicial restraint or any other legal remedies available to the CITY under State law and damages in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services , where such judicial restraint and damages are otherwise provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationlaw.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee(A) There shall be no strike, boycott, interruption of work, stoppage, temporary walkout or lockout for any reason during the term of this Agreement except that if either party shall fail to abide by the decision of the arbitrator under Rule 3 of this Agreement, after receipt of such decision, then the other party shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing not be bound by this provision. (except informational hand billing or leafletingB) or any other interference with the work and statutory functions or obligation The parties agree as part of the CITY. The CITY agrees consideration of this Agreement that there will neither Equity, nor any of its officers, agents or members, shall be no lockout. B. Neither the Union nor its officers liable for damages for unauthorized stoppages, strikes, slowdowns or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the suspensions of work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shallif: (1) publicly disavow Equity gives written notice to the University and/or Theatre and the Company Deputy within 24 hours of notice from the University and/or Theatre of such action by action, that it has not authorized the Employees;stoppage, strike, slowdown or suspension of work; and (2) advise Equity further cooperates with the CITY University and/or Theatre in writing getting the employees to return and remain at work.‌‌ (C) It is recognized that such the University and/or Theatre has the right to take disciplinary action, including discharge, against any Actor who engaged in any unauthorized strike or work stoppage, subject to Equity's right to submit to arbitration in accordance with the Agreement, the question of whether or not the Actor did engage in any unauthorized strike or work stoppage. (D) Nothing in this Rule, or otherwise, shall be deemed to prohibit or inhibit Equity and/or its members from taking any action by Employees has it deems necessary, including but not been caused limited to, striking, picketing or sanctioned other concerted activity, to enforce the payment of agreed minimum and/or contractual salaries and/or the payment of agreed Pension and Health contributions by the Union;University and/or Theatre. (3E) notify Employees, including It is agreed that Equity cannot guarantee that its local officers and representatives, members will pass through a picket line if any union or unions or organized groups of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices employees are on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein strike or are locked out. This Agreement shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption not be considered breached by Equity because of the essential services provided by failure or refusal of the Division members of Police, Equity to pass through a picket line under the parties hereto agree that circumstances described above. Equity and its members shall only be considered responsible for performance of work if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 the employees can perform their work without molestation or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationinterference.

Appears in 1 contract

Samples: Agreement and Rules Governing Employment in University Resident Theatres

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 13/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 13/1/2 The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strikework stoppage, slowdown, sit-sit- down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: A. Imposing discipline, including discharge or obligation suspension without pay on any, some or all of the CITY. The CITY agrees that there will be no lockout.employees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; B. Neither X. Xxxxxxxxx the civil service status of any employee engaging therein; C. Seeking an injunction and/or requesting the imposition of fines either against the Union nor and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. 13/1/3 When the Employer notifies the Union by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union shall immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the CITYordinary processes of law. 13/1 4 The Employer agrees that neither it, shall:its officers, agency or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. If a lockout does in fact occur, all affected employees shall be paid for such period of time at their regular rate of pay for time lost from work due to the lockout. (1) publicly disavow such action by Section 2 13/2/1 In the Employees; (2) advise event a dispute arises between the CITY in writing that such action by Employees parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has not been caused or sanctioned authorized, either directly or indirectly, a strike, work stoppage, sit-down, stay-in, slowdown or other concerted interruption of operations or services by the Union; (3) notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes shall be settled as provided in Article IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee, during 13.1 During the term of this Agreement, the Union agrees on behalf of itself and each of its members that there shall engage in be no authorized strike of any strikekind and there shall be no boycott, sympathy strikepicketing, slowdown, sit-down, sit-in, cessation, work stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) slowdown or any other interference type of organized interference, coercive or otherwise with the work and statutory functions Employer's business or obligation with third parties having business with the Employer. 13.2 In the event any violation of the CITY. The CITY previous paragraph occurs which is unauthorized by the Union, the Employer agrees that there will shall be no lockout. B. Neither liability on the part of the International or Local Union nor its or any of their officers or agents shall in any way authorizeagents, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of such unauthorized action the Union first meets the following conditions: (a) The Union shall declare publicly that such action is unauthorized by the Union, if requested to do so by the Employer. (b) The Union shall promptly order its members to return to work, notwithstanding the existence of a picket line, if requested to do so by the Employer. (c) The Union shall not question the unqualified right of the Employer to discipline or discharge Employees engaging in, participating in, or encouraging such action, unless the action by the Employer is unlawful or discriminatory. It is understood that such action on the part of the Employer shall be final and binding upon the Union and its members, and shall in no case be construed as a violation by the Employer of any provision of this Agreement, * Certain portions of this exhibit have been omitted based upon a request for confidential treatment that has been filed with the Commission. The omitted portions have been filed separately with the Commission. unless the action by the Employer is discriminatory. However, an issue of fact as to whether or not any particular Employee has engaged in, participated in, or encouraged any such violation may be subject to arbitration. 13.3 There shall be no lockout by the Employer. 13.4 It shall be a violation of this ArticleAgreement and grounds for discharge or discipline, for any Employee, or for the Employees collectively, to refuse to go through a picket line of another union established at the premises of the Employer whose Employees are on strike. Section 2. 13.5 In order to prevent the disruption event that a strike or lockout in violation of the essential services provided foregoing provisions of this section shall occur, the nonbreaching party shall have the option of rescinding this Agreement after such breach has continued for more than fifteen (15) days, unless the dispute is settled and the strike or lockout ends before such option is exercised. Written notice of intent to exercise such option shall be given at least five (5) days before it is exercised. Exercise of the option to rescind this Agreement shall not affect the right of the rescinding party to bring an action for damages for the breach committed by the Division of Policeother, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreementand shall not affect Employer's right to discipline, that said dispute(s) will be resolved by final and binding arbitration as provided herein, any Employee taking part in Ohio Revised Codea prohibited strike. The failure of Employer or Union to exercise the privilege hereinabove granted to rescind this Agreement in event of a breach thereof by the other party, Chapter 4117 shall not constitute a waiver on its part of its right to exercise such option should a subsequent strike or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationstoppage of production or lockout occur.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Penn National Gaming Inc)

NO STRIKE OR LOCKOUT. A. Section 7.1. No Employee, during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation obligations of the CITY. The CITY agrees that there will be no lockoutEmployer. B. Section 7.2. Neither the Union nor its officers or agents shall in any way authorize, institute, aideaid, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITYEmployer. C. Section 7.3. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITYEmployer, shall: (1a) publicly disavow such action by the Employees; (2b) advise the CITY Employer in writing that such action by Employees has not been caused or sanctioned by the Union; (3c) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4d) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Section 7.4. The Employer agrees that it will not lockout Employees during the term of this Agreement, and the Union and Employees agree that no picketing or handbilling against the Employer will occur during the term of this Agreement. Section 7.5. In addition to any other rights or remedies provided by law, the Employer may discharge or otherwise discipline an Employee, subject to the grievance and arbitration procedure of this Agreement, for a violation of his or her obligations under this Article. Section 7.6. Nothing contained herein shall preclude the CITY Employer from obtaining judicial restraint or any other legal remedies available to the CITY under State law and damages in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 13/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 13/1 2 The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy work stoppage, sit down, stay-in, slowdown or other concerted interruption of operations or services by employees (including purported mass resignations or sick calls) or any concomitant thereof. The Union agrees that the Employer has the right to deal with any such strike activity by: A. Imposing discipline, including discharge or suspension without pay on any, some or all of the employees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose: B. Canceling the civil service status of any employee engaging therein; C. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. 13/1 3 When the Employer notifies the Union by certified mail that any of its members are engaged in any such strike activity, the Union shall immediately, in writing, order such employees to return to work, provide the Employer with a copy of such order by certified mail within 24 hours of receipt of the notification from the Employer, and a responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the ordinary processes of law. 13/1 4 The Employer agrees that neither, it, its officers, agency or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. If a lockout does, in fact, occur, all affected employees shall be paid for such period of time at their regular rate of pay for time lost from work due to the lockout. Section 2 13/2/1 In the event a dispute arises between the parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has caused or authorized, either directly or indirectly, a strike, slowdownwork stoppage, sit-down, sit-stay- in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing slowdown or leafleting) other concerted interruption of operations or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condoneservices by employees, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes shall be settled as provided in Article IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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NO STRIKE OR LOCKOUT. A. No Employee, during 13.1 During the term of this Agreement, the Union agrees on behalf of itself and each of its members that there shall engage in be no authorized strike of any strikekind and there shall be no boycott, sympathy strikepicketing, slowdown, sit-down, sit-in, cessation, work stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) slowdown or any other interference type of organized interference, coercive or otherwise with the work and statutory functions Employer’s business or obligation with third parties having business with the Employer. 13.2 In the event any violation of the CITY. The CITY previous paragraph occurs which is unauthorized by the Union, the Employer agrees that there will shall be no lockout. B. Neither liability on the part of the International or Local Union nor its or any of their officers or agents shall in any way authorizeagents, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of such unauthorized action the Union first meets the following conditions: (a) The Union shall declare publicly that such action is unauthorized by the Union, if requested to do so by the Employer. (b) The Union shall promptly order its members to return to work, notwithstanding the existence of a picket line, if requested to do so by the Employer. (c) The Union shall not question the unqualified right of the Employer to discipline or discharge Employees engaging in, participating in, or encouraging such action, unless the action by the Employer is unlawful or discriminatory. It is understood that such action on the part of the Employer shall be final and binding upon the Union and its members, and shall in no case be construed as a violation by the Employer of any provision of this Agreement, unless the action by the Employer is discriminatory. However, an issue of fact as to whether or not any particular Employee has engaged in, participated in, or encouraged any such violation may be subject to arbitration. 13.3 There shall be no lockout by the Employer. 13.4 It shall be a violation of this ArticleAgreement and grounds for discharge or discipline, for any Employee, or for the Employees collectively, to refuse to go through a picket line of another union established at the premises of the Employer whose Employees are on strike. Section 2. 13.5 In order to prevent the disruption event that a strike or lockout in violation of the essential services provided foregoing provisions of this section shall occur, the nonbreaching party shall have the option of rescinding this Agreement after such breach has continued for more than fifteen (15) days, unless the dispute is settled and the strike or lockout ends before such option is exercised. Written notice of intent to exercise such option shall be given at least five (5) days before it is exercised. Exercise of the option to rescind this Agreement shall not affect the right of the rescinding party to bring an action for damages for the breach committed by the Division of Policeother, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreementand shall not affect Employer’s right to discipline, that said dispute(s) will be resolved by final and binding arbitration as provided herein, any Employee taking part in Ohio Revised Codea prohibited strike. The failure of Employer or Union to exercise the privilege hereinabove granted to rescind this Agreement in event of a breach thereof by the other party, Chapter 4117 shall not constitute a waiver on its part of its right to exercise such option should a subsequent strike or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationstoppage of production or lockout occur.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Penn National Gaming Inc)

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1. Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: A. The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strike, slowdownwork stoppage, sit-down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: 1. Imposing discipline including discharge or obligation suspension without pay on any, some, or all of the CITYemployees participating therein, and/or on any, some or all of the leaders of the labor organization who so participate, as the Employer may choose; 2. The CITY agrees that there will be no lockout.Canceling the civil service status of any employee engaging therein; B. Neither 3. Seeking an injunction and/or requesting the imposition of fines either against the Union nor and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. When the Employer notifies the Union by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union shall immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty-four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the CITYordinary processes of law. B. The Employer agrees that neither it, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused its officers, agents or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint individually or collectively, will authorize, instigate, cause, aid or condone any other legal remedies available to the CITY under State law in the event of a violation of this Articlelockout. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, event a dispute arises between the parties hereto agree that if an impasse is reached during negotiations for with respect to whether or not the Union or any of its officers, agents or representatives, has caused or authorized, either directly or indirectly, a successor collective bargaining agreementstrike, that said dispute(s) will work stoppage, sit-down, stay- in, slowdown or other concerted interruption of operations, or services by employees, or in the event of a dispute arising as to whether or not the Employer has locked out employees such disputes shall be resolved by final and binding arbitration settled as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationArticle IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. 19.1 No Employee, during the term of this Agreement, employee shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, slow-down, sick-out, cessation, stoppage, refusal to perform stoppage or interruption of work, boycott, picketing of any kind (except including, but not limited to, informational hand billing picketing), or leafleting) or any other interference with the work and statutory functions or obligation operations of the CITY. The CITY agrees that there will be no lockout. B. Neither Hospital, including actions in support of employee claims against or interests in respect of the Union Hospital or in support of any other organizations (including but not limited to other labor organizations), causes, purposes or objectives of any kind or nature whatsoever; nor shall the Union, its officers or agents shall agents, in any way way, directly or indirectly, authorize, instituteassist, aideencourage, ratify, condone, or participate in or sanction any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing such activity. 19.2 It is mutually agreed that there shall be no strike or leafleting)interference with work on the part of the Union, or any other interference with a lockout on the work and statutory functions or obligations part of the CITYUnion, or a lockout on the part of the Hospital for any cause whatsoever during the period of this Agreement. C. 19.3 In addition to any other liability, remedy, remedy or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, slow-down, sick-out, cessation, stoppage, refusal to perform stoppage or interruption of work, boycott, picketing of any kind (except including, but not limited to, informational hand billing or leafletingpicketing), or other interference as stated above with the operations of the Hospital, including actions in support of other labor organizations, occur, the UnionUnion shall, within twenty- four (24) hours of a immediately upon /a request by the CITY, shallHospital: (1a) publicly Publicly disavow such action by the Employees;employees. (2b) advise Advise the CITY Hospital in writing that such action by Employees employees has not been caused called or sanctioned by the Union;. (3c) notify Employees, including its local officers and representatives, of its disapproval of Notify employees that such action is in violation of this Agreement and instruct such Employees employees to cease such action and return to work immediately;. (4d) post Post notices on at Union bulletin boards advising that it disapproves of such action is in violation of this Agreement, and instructing Employees employees to return to work immediately. D. Nothing contained herein 19.4 Any employee engaging in activity prohibited by this Article shall preclude be subject to discharge, and the CITY from obtaining judicial restraint or any other legal remedies available to only question which may become the CITY under State law subject matter of the grievance and arbitration provisions of this Agreement shall, in the event of a violation such disciplinary action, be the question of whether the employee so disciplined, did, in fact commit any of the acts prohibited in this Article. Section 2. 19.5 In order the event of an alleged or asserted breach of this Article, either the Hospital or the Union may resort to prevent courts with competent jurisdiction or may follow the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution contractual Grievance/Arbitration procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 13/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 13/1 2 The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strike, slowdownwork stoppage, sit-down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: A. Imposing discipline, including discharge or obligation suspension without pay on any, some or all of the CITY. The CITY agrees that there will be no lockoutemployees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; B. Canceling the civil service status of any employee engaging therein; C. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. B. Neither 13/1 3 When the Employer notifies the Union nor by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union shall immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the CITYordinary processes of law. 13/1 4 The Employer agrees that neither it, shall: (1) publicly disavow its officers, agency or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. If a lockout does in fact occur, all affected employees shall be paid for such action by period of time at their regular rate of pay for time lost from work due to the Employees; (2) advise lockout. Section 2 13/2/1 In the CITY in writing that such action by Employees event a dispute arises between the parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has not been caused or sanctioned authorized, either directly or indirectly, a strike, work stoppage, sit-down, stay- in, slowdown or other concerted interruption of operations or services by the Union; (3) notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes shall be settled as provided in Article IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Employment Agreement

NO STRIKE OR LOCKOUT. A. No Employee, during the term of this Agreement, shall engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 13/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 13/1 2 The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strikework stoppage, slowdown, sit-sit down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: A. Imposing discipline, including discharge or obligation suspension without pay on any, some or all of the CITY. The CITY agrees that there will be no lockoutemployees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; X. Xxxxxxxxx the civil service status of any employee engaging therein; C. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. B. Neither 13/1 3 When the Employer notifies the Union nor by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union will immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union will publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action will be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but will be enforced by the CITYordinary processes of law. 13/1 4 The Employer agrees that neither it, shall:its officers, agents or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. If a lockout does, in fact, occur, all affected employees will be paid for such period of time at their regular rate of pay for time lost from work due to the lockout. (1) publicly disavow such action by Section 2 13/2/1 In the Employees; (2) advise event a dispute arises between the CITY in writing that such action by Employees parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has not been caused or sanctioned authorized, either directly or indirectly, a strike, work stoppage, sit-down, stay- in, slowdown or other concerted interruption of operations or services by the Union; (3) notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes will be settled as provided in Article IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. 7.01 The City and the Union agree that the grievance procedures provided in this agreement are adequate to provide fair and final determination of all grievances arising under the terms of this contract. 7.02 During the period of this agreement there shall be no strikes, stoppages, slow- downs, picketing, or other interference with the operations of the City, nor shall there be abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment by concerting actions with others, all of which are hereinafter referred to as strikes. 7.03 No Employeeofficer, or representative of the Union, shall authorize, instigate, aid, or condone any strikes, and no employee of the bargaining unit shall participate in any strike. Union liability shall exist only if the Union calls, sanctions, ignores, disregards, or fails to take prompt action in endeavoring to terminate such strike or activity by members of the bargaining unit. 7.04 There shall be no lockouts during the term of this Agreement, agreement. 7.05 The City shall engage in be under no obligation to bargain with the Union concerning employees who are on strike or concerning the subject of any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with so long as the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockoutstrike continues. B. Neither the Union nor its officers 7.06 The City may discipline or agents shall discharge any employee who engages or otherwise participates in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy and such action shall not be subject to the grievance procedures contained in this agreement upon any grounds other than the grounds that the employee did not take part in the strike, slowdowneither by picketing or failing, sitwithout being excused by the Library Director, to report to work on the assigned shift or under the call-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occurback provisions of this agreement. Other than discharge, the Union, within twenty- four (24) hours of a request by discipline imposed may include the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation of this Article. Section 2. In order to prevent the disruption right of the essential services provided by City to forfeit all or part of the Division of Policeemployee’s seniority rights, the parties hereto agree that if accrued annual leave and/or sick leave. The City may also impose on an impasse is reached during negotiations for employee who violates this Article as a successor collective bargaining agreementcondition to continued employment, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationthe employee loses all holiday benefits for the remainder of the year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee‌ Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: A. The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strike, slowdownwork stoppage, sit-down, sit-stay–in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: 1. Imposing discipline, including discharge or obligation suspension without pay on any, some, or all of the CITYemployees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; 2. Canceling the status of any employee engaging therein; 3. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. B. When the Employer notifies the Union by certified mail that any of its members are engaged in any such strike activity, the Union shall immediately, in writing, order such employees to return to work, provide the Employer with a copy of such order by certified mail within 24 hours of receipt of the notification from the Employer, and a responsible officer of the Union shall publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action shall be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but shall be enforced by the ordinary processes of law. C. The CITY Employer agrees that there neither it, its officers, agents or representatives, individually or collectively, will be no authorize, instigate, cause, aid or condone any lockout. B. Neither D. In the Union nor its officers event a dispute arises between the parties hereto with respect to whether or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting)not the Union, or any other interference with the work and statutory functions of its officers, agents or obligations of the CITY. C. In addition to any other liabilityrepresentatives, remedyhas caused or authorized, either directly or right provided by applicable law or statuteindirectly, should a strike, sympathy strike, slowdownwork stoppage, sit-down, sit-stay–in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing slowdown or leafleting)other concerted interruption of operations or services by employees, or other interference as stated above occur, the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes shall be settled as provided in Article IV of this Agreement. This Article shall not affect the right of the Employer to deal with any strike activity pursuant to § 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Section 7.1. Employee, during the term of this Agreement, shall not engage in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation obligations of the CITY. The CITY agrees that there will be no lockoutEmployer. B. Section 7.2. Neither the Union nor its officers or agents shall in any way authorize, institute, aideaid, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting)perform work, or any other interference with the work and statutory functions or obligations of the CITYEmployer. C. Section 7.3. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, the Union, within twenty- twenty-four (24) hours of a request by the CITYEmployer, shall: (1a) publicly disavow such action by the Employees; (2b) advise the CITY Employer in writing that such action by Employees has not been caused or sanctioned by the Union; (3c) notify Employees, including its local Union officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately;; and (4d) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Section 7.4. The Employer agrees that it will not lockout Employees during the term of this Agreement, and the Union and the Employees agree that no picketing or handbilling against the Employer will occur during the term of this Agreement. Section 7.5. In addition to any other rights or remedies provided by law, the Employer may discharge or otherwise discipline an Employee, subject to the grievance and arbitration procedures of this Agreement, for a violation of his or her obligations under this Article. Section 7.6. Nothing contained herein shall preclude the CITY Union or the Employer from obtaining judicial restraint or any other legal remedies available to the CITY under State law and damages in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 13/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the duration of this Agreement: 13/1 2 The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strikework stoppage, slowdown, sit-sit down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: A. Imposing discipline, including discharge or obligation suspension without pay on any, some or all of the CITY. The CITY agrees that there will be no lockoutemployees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; B. Canceling the civil service status of any employee engaging therein; C. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. B. Neither 13/1 3 When the Employer notifies the Union nor by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union will immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union will publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action will be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but will be enforced by the CITYordinary processes of law. 13/1 4 The Employer agrees that neither it, shall:its officers, agents or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. If a lockout does, in fact, occur, all affected employees will be paid for such period of time at their regular rate of pay for time lost from work due to the lockout. (1) publicly disavow such action by Section 2 13/2/1 In the Employees; (2) advise event a dispute arises between the CITY in writing that such action by Employees parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has not been caused or sanctioned authorized, either directly or indirectly, a strike, work stoppage, sit-down, stay-in, slowdown or other concerted interruption of operations or services by the Union; (3) notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes will be settled as provided in Article IV of this Agreement. This Section shall not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No Employee1. There shall be no strikes (including sympathy strikes), walkouts, slowdowns, or work stoppages or other interference with IHE’s operations on the part of the Guild or any Guild member nor any lockout on the part of IHE during the term of this Agreement, shall engage in any . 2. If a strike, sympathy strikelockout, walkout, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting) or any other interference with the work and statutory functions or obligation of the CITY. The CITY agrees that there will be no lockout. B. Neither the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), stoppage or other interference as stated above occurwith, or interruption of, work in violation of Section 1 above, occurs, then in further consideration of the mutual promises contained herein, the Union, parties hereto expressly agree that neither party shall bring or cause to be brought any court or other legal or administrative action against the other until notice of such occurrence has been brought to the attention of the other party and such other party within twenty- twenty-four (24) hours after receipt of notice of such (i) fails to investigate immediately whether a request by strike, lockout, walkout, slowdown, work stoppage or other interference with, or interruption of, work exists and thereafter (ii) fails to reestablish immediately full compliance with the CITYabove paragraph. 3. IHE agrees there shall be no liability on the part of the Guild because of any strike, shallwalkout, slowdown, work stoppage, or other interference with IHE’s operations in violation of Section 1, provided the Guild takes the following steps within twenty-four (24) hours after receipt of written notice from IHE to the Guild of the commencement of such strike, walkout, slowdown, work stoppage or other interference with operations: A. Publicly declare that the action is unauthorized within twenty-four (124) publicly disavow such action by the Employees;hours. (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including B. Order its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees members to return to work immediatelynotwithstanding the existence of any wildcat picket line within twenty-four (24) hours. C. In good faith, use every reasonable effort to terminate such unauthorized strike. D. Nothing contained herein shall preclude the CITY Refrain from obtaining judicial restraint interfering with any disciplinary action which IHE may take against any employee who is engaged in said strike, walkout, slowdown, work stoppage, or any other legal remedies available to the CITY under State law interference with operations in the event of a violation of this Article. Section 2. In order to prevent the disruption of the essential services 1, provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreementissue of fact exists as to whether any particular employee has engaged in unauthorized actions, that said dispute(s) such issue will be resolved by final subject to the Grievance and binding arbitration as provided Arbitration provisions set forth in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationArticle XII of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 14/1/1 Inasmuch as this Agreement provides machinery for the orderly resolution of disputes which relate to this Agreement by an impartial third party, during the term Employer and Union recognize their mutual responsibility to provide for uninterrupted services. Therefore, for the mutual duration of this Agreement: 14/1 2 A. The Union agrees that neither it, shall engage its officers, agents, representatives or members, individually or collectively, will authorize, instigate, cause, aid, condone, or take part in any strike, sympathy strike, slowdownwork stoppage, sit-down, sitstay-in, cessation, stoppage, refusal to perform work, picketing slowdown or other concerted interruption of operations or services by employees (except informational hand billing including purported mass resignations or leafletingsick calls) or any other interference concomitant thereof. The Union agrees that the Employer has the right to deal with the work and statutory functions any such strike activity by: 1. Imposing discipline, including discharge or obligation suspension without pay on any, some, or all of the CITYemployees participating therein, and/or on any, some, or all of the leaders of the labor organization who so participate, as the Employer may choose; 2. The CITY agrees that there will be no lockoutCanceling the civil service status of any employee engaging therein; 3. Seeking an injunction and/or requesting the imposition of fines either against the Union and/or the employee(s) engaging therein, and/or suing for damages because of such strike activity. B. Neither 14/1 3 When the Employer notifies the Union nor by certified mail that any of its officers or agents shall members are engaged in any way authorizesuch strike activity, institutethe Union will immediately, aidein writing, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal order such employees to perform, picketing (except informational hand billing or leafleting), or any other interference with the work and statutory functions or obligations of the CITY. C. In addition return to any other liability, remedy, or right provided by applicable law or statute, should a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), or other interference as stated above occur, provide the Union, Employer with a copy of such order by certified mail within twenty- twenty four (24) hours of receipt of the notification from the Employer, and a request responsible officer of the Union will publicly order the striking employees to discontinue such conduct through the medium of local newspapers and/or local radio. Failure of the Union to take such action will be considered in determining whether or not the Union caused or authorized, directly, or indirectly, the strike. This clause is not subject to the arbitration provisions of this Agreement but will be enforced by the CITYordinary processes of law. 14/1 4 B. The Employer agrees that neither it, shall:its officers, agents or representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout. (1) publicly disavow such action by Section 2 14/2/1 In the Employees; (2) advise event a dispute arises between the CITY in writing that such action by Employees parties hereto with respect to whether or not the Union or any of its officers, agents or representatives, has not been caused or sanctioned authorized, either directly or indirectly, a strike, work stoppage, sit-down, stay- in, slowdown or other concerted interruption of operations or services by the Union; (3) notify Employeesemployees, including its local officers and representatives, of its disapproval of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on Union bulletin boards advising that it disapproves of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event of a violation dispute arising as to whether or not the Employer has locked out employees, such disputes will be settled as provided in Article IV of this Agreement. This Section will not affect the right of the Employer to deal with any strike activity pursuant to Section 1 of this Article. Section 2. In order to prevent the disruption of the essential services provided by the Division of Police, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreement, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NO STRIKE OR LOCKOUT. A. No EmployeeSection 1 The Union will not cause, or permit its Bargaining Unit employees to cause, nor will any employee in the Bargaining Unit take part in, any walkout, sit-down, or slow-down in any plant of the Company, its parent, divisions or affiliates or any curtailment of work or restriction of production or interference with production of the Company, its parent, divisions or affiliates. The Union will not cause, or permit Bargaining Unit employees to cause, nor will any employee of the Bargaining Unit take part in any: strike, work stoppage, slowdown, walkout, sick-out, mass absenteeism, boycott, secondary boycott; other interference with or curtailment of production of any kind, including sympathy strikes, or of any of the operations of the Company; or picket any of the locations of the Company during the term of this Agreement. Representatives of the Union, including the plant representatives, shall engage in have the duty of affirmative leadership to prevent violations of this Article. Upon hearing of any strike, sympathy unauthorized strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform stoppage of work, picketing (except informational hand billing or leafleting) planned inefficiency or any other curtailment of work or restriction or interference with the work and statutory functions or obligation operations of the CITYCompany, the Union shall take affirmative action to avert or bring such activity to a prompt termination. Any employee who violates this Article may be immediately discharged. Breaches or alleged breaches of its Agreement by the Company shall be pursued by the Union through the grievance process and shall not be grounds for the Union or Bargaining Unit employees to violate their obligations under this Article 4. Section 2 The Company reserves the right to discipline, up to and including discharge, any employee, including Union representatives, taking part in any violation of this Article. The CITY Company also reserves the right to hire replacement workers to meet its production needs, to seek damages, and to request injunctive relief from a court of competent jurisdiction for violations of this Article. The Company agrees that there it will be no lockout. B. Neither not file any action for damages against the Union nor its officers or agents shall in any way authorize, institute, aide, condone, or participate in any strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform, picketing (except informational hand billing or leafleting), or any other interference with for breach of this Article provided that the work and statutory functions or obligations of the CITY. C. In addition to any other liability, remedy, or right provided by applicable law or statute, should Union has not authorized a strike, sympathy strike, slowdown, sit-down, sit-in, cessation, stoppage, refusal to perform work, picketing (except informational hand billing or leafleting), strike or other interference as stated above occur, violation of this Article which is the Union, within twenty- four (24) hours of a request by the CITY, shall: (1) publicly disavow such action by the Employees; (2) advise the CITY in writing that such action by Employees has not been caused or sanctioned by the Union; (3) notify Employees, including its local officers and representatives, of its disapproval subject of such action and instruct such Employees to cease action and return to work immediately; (4) post notices on further provided that this waiver shall not be effective if the Union bulletin boards advising that it disapproves shall have been notified of such action and instructing Employees to return to work immediately. D. Nothing contained herein shall preclude the CITY from obtaining judicial restraint or any other legal remedies available to the CITY under State law in the event existence of a strike and shall have refused to take reasonable steps to prevent or cure the violation of this Article. Section 2. In order to prevent 3 The Company will not cause a lockout during the disruption term of this Agreement provided the essential services provided by the Division of PoliceUnion, the parties hereto agree that if an impasse is reached during negotiations for a successor collective bargaining agreementits representatives, that said dispute(s) will be resolved by final and binding arbitration as provided in Ohio Revised Code, Chapter 4117 or by a mutually agreed upon alternative dispute resolution procedure, provided that procedure culminates in final and binding arbitrationmembers comply with their obligations under this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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