PEACEFUL PERFORMANCE CLAUSE. The parties to this MOU recognize and acknowledge that the services performed by the County employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of the County of El Dorado. Union agrees that under no circumstances will the Union recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in any strike, sit- down, stay-in, sick-out, slowdown or picketing (hereinafter collectively referred to as work stoppage) in any office or department of the County, nor to curtail any work or restrict any production, or interfere with any operation of the County. Nor will this organization recognize the strike or job action of any organization or engage in any sympathy strike by recognizing the strike, job action or picket lines of any other organization. In the event of any such work stoppage by any member of the Union, the County shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased. In the event of any work stoppage, during the term of this MOU, whether by the Union or by any member of the Union, the Union by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the County. In the event of any work stoppage, the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union had not otherwise authorized, permitted or encouraged such work stoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the County shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the County shall have the right to seek full legal redress, including damages, as against any such employee.
PEACEFUL PERFORMANCE CLAUSE. The parties to this MOU recognize and acknowledge that the services performed by the employees covered by this MOU are essential to the public health, safety and general welfare of the residents of the City. Local 1245 agrees that under no circumstances will Local 1245 or any persons covered by the MOU recommend, encourage, cause or permit its members or any persons covered by this MOU to initiate, participate in or take part in any strike, sit-down, stay-in, sick-out, slow-down or picketing (hereinafter collectively referred to as work-stoppage) in any office or department of the City, nor curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of Local 1245 or person covered by this MOU, the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased. In the event of any work stoppage, during the term of this MOU, whether by Local 1245 or by any member of Local 1245 or any person covered by this MOU, Local 1245 by its officers shall immediately declare in writing and publicize that such work stoppage is unauthorized, and further direct its members and all persons covered by this MOU in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of work stoppage, Local 1245 shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any such employees.
PEACEFUL PERFORMANCE CLAUSE. During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees, and Association agrees that it will not engage in, encourage, or approve any strike, sympathy strike, slow-down or other work stoppage. Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Memorandum of Understanding, recognizing with the City that all matters of controversy within the scope of this Memorandum of Understanding shall be settled by established grievance procedures. If there is a strike, slow-down or work stoppage, the employees who engage in such activity shall be subject to discipline up to and including discharge. The City may seek such remedies as are available under the Law. It is expressly understood that the Peaceful Performance Clause shall remain in effect until the end of the contract period or until negotiations are re-opened and through the meet and confer process, until legally mandated impasse procedures are concluded.
PEACEFUL PERFORMANCE CLAUSE. During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees, and the Union agrees that it will not engage in, encourage, or approve any strike, slow-down or other work stoppage growing out of any dispute relating to the terms of this MOU. The Union agrees to take whatever lawful steps are necessary to prevent any interruption of work in violation of this MOU, recognizing with the City that all matters of controversy within the scope of this MOU shall be settled by established grievance procedures. If there is a strike, slow-down or work stoppage, the employees who engage in such activity shall be subject to discipline up to and including discharge. The City may seek such remedies as are available under the law.
PEACEFUL PERFORMANCE CLAUSE. The parties to this MOU recognize and acknowledge that participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. The Association, its representatives, or members shall not engage in, cause, instigate, encourage, or condone a strike or work stoppage of any kind or known by any other euphemism. If the Association, its representatives, or members engage in, cause, instigate, encourage, or condone a strike or work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the City Manager may suspend or revoke the recognition granted to the Association, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations by the Association and/or any of its members. As used in this Article, “strike or work stoppage” includes, but is not limited to, the concerted failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, or the rights, privileges, or obligations of employment. Any decision of the City Manager made under the provisions of this Article may be appealed to the City Council by filing a written Notice of Appeal with the City Manager or City Clerk, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such notice of appeal must be filed within seven days after the Association first received notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to any other appeal.
