Common use of PROHIBITION OF STRIKES AND LOCKOUTS Clause in Contracts

PROHIBITION OF STRIKES AND LOCKOUTS. 1. The MPSO pledges itself to make every effort to maintain unimpaired the police service and protection of the community. It shall not cause, condone, counsel or permit its members, or any of them, individually or in concert, to strike, slow down, disrupt, impede or otherwise impair the normal functions of the Department. Engaging in any of this Activity shall be prohibited during the term of this Agreement and employees violating this prohibition shall be subject to such penalties the City deems appropriate. 2. During the term of this Agreement or any extension thereof, whenever the City Labor Negotiator determines that the MPSO or any of its members are violating the obligations set forth in subsection l of this Article, above, the City Labor Negotiator shall notify the MPSO that a prohibited action is in progress. 3. If the prohibited activity does not cease immediately following the notification given by the City Labor Negotiator, in accordance with subsection 2 of this Article, above, the MPSO shall in an expeditious manner, but no later than within twelve (12) hours of such notification, disavow the prohibited activity, order its member or members to return to work or cease the prohibited activity and provide the City Labor Negotiator with a copy of its order, or alternatively, accept responsibility for the prohibited activity. If the MPSO does not disavow the prohibited activity, the City will not make any payments to the MPSO that are required under the AGENCY SHOP provision of this Agreement for the biweekly pay period in which the prohibited activity occurs. 4. If the MPSO disavows the prohibited activity, the City shall not hold the MPSO financially responsible and the MPSO shall interpose no defense to the City's imposition of such penalties or sanctions as the City may assess against the participants. 5. While engaged in a prohibited activity, employees shall not be entitled to any benefits or compensation provided by the City (either by this Agreement or by City ordinances, including charter ordinances, or by any other means). 6. There shall be no lockout by the City during the term of this Agreement.

Appears in 6 contracts

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

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PROHIBITION OF STRIKES AND LOCKOUTS. 1. The MPSO Union pledges itself to make every effort to maintain unimpaired the police fire service and protection of the community. It shall not cause, condone, counsel or permit its membersDuring the term of this Agreement, or any of themextension thereof, the Union and/or its members, individually or in concert, to shall not: strike, slow downparticipate in a sympathy strike, participate in a wildcat strike, engage in a work speedup or slowdown, engage in mass use of sick leave, disrupt, impede or otherwise impair the normal functions any function of the City and Fire Department. Engaging in any of this Activity shall be prohibited during the term of this Agreement and employees violating this prohibition shall be subject to such penalties the City deems appropriate. 2. During the term of this Agreement or any extension thereof, whenever the City Labor Negotiator determines that the MPSO Union or any of its members are violating the obligations set forth in subsection l of this the Article, above, the City Labor Negotiator shall notify the MPSO Union that a prohibited action is in progress. 3. If the prohibited activity does not cease immediately following the notification given by the City Labor Negotiator, in accordance with subsection 2 of this Article, above, the MPSO shall in an expeditious mannerUnion shall, but no later than within twelve (12) two hours of such notification, disavow the prohibited activity, order its member or members in writing to return to work or cease the prohibited activity and provide the City Labor Negotiator with a copy of its order, or alternatively, accept responsibility for the prohibited activity. If the MPSO does not disavow the prohibited activity, the City will not make any payments to the MPSO that are required under the AGENCY SHOP provision of this Agreement for the biweekly pay period in which the prohibited activity occurs. 4. If the MPSO Union disavows the prohibited activity, the City shall not hold the MPSO Union financially responsible and the MPSO Union shall interpose no defense to the City's ' s imposition of such penalties or sanctions as the City may assess against the participants. 5. While engaged in a prohibited activity, employees shall not be entitled to any benefits or compensation provided by the City (either by this Agreement or by City ordinances, including charter ordinances, or by any other means). 6. There shall be no lockout by the City during the term of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

PROHIBITION OF STRIKES AND LOCKOUTS. β€Œ 1. The MPSO pledges itself to make every effort to maintain unimpaired the police service and protection of the community. It shall not cause, condone, counsel or permit its members, or any of them, individually or in concert, to strike, slow down, disrupt, impede or otherwise impair the normal functions of the Department. Engaging in any of this Activity shall be prohibited during the term of this Agreement and employees violating this prohibition shall be subject to such penalties the City deems appropriate. 2. During the term of this Agreement or any extension thereof, whenever the City Labor Negotiator determines that the MPSO or any of its members are violating the obligations set forth in subsection l of this Article, above, the City Labor Negotiator shall notify the MPSO that a prohibited action is in progress. 3. If the prohibited activity does not cease immediately following the notification given by the City Labor Negotiator, in accordance with subsection 2 of this Article, above, the MPSO shall in an expeditious manner, but no later than within twelve (12) hours of such notification, disavow the prohibited activity, order its member or members to return to work or cease the prohibited activity and provide the City Labor Negotiator with a copy of its order, or alternatively, accept responsibility for the prohibited activity. If the MPSO does not disavow the prohibited activity, the City will not make any payments to the MPSO that are required under the AGENCY SHOP provision of this Agreement for the biweekly pay period in which the prohibited activity occurs. 4. If the MPSO disavows the prohibited activity, the City shall not hold the MPSO financially responsible and the MPSO shall interpose no defense to the City's imposition of such penalties or sanctions as the City may assess against the participants. 5. While engaged in a prohibited activity, employees shall not be entitled to any benefits or compensation provided by the City (either by this Agreement or by City ordinances, including charter ordinances, or by any other means). 6. There shall be no lockout by the City during the term of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

PROHIBITION OF STRIKES AND LOCKOUTS. 1. The MPSO pledges itself to make every effort to maintain unimpaired During the police service and protection term of this Agreement, or any extension thereof, neither the community. It Association, its officers or agents, nor any employees covered by this Agreement shall not engage in, cause, condone, counsel counsel, permit or permit its memberssupport any strikes, sympathy strikes, wildcat strikes, work slowdowns, work speed-ups, mass absenteeism, mass use of sick leave, or any of them, individually acts or in concert, to strike, slow down, actions that will disrupt, impede or otherwise impair the normal functions duties and/or responsibilities of any City employee or of the Police Department. Engaging in any of this Activity shall be prohibited during the term of this Agreement and employees violating this prohibition shall be subject to such penalties the City deems appropriate. 2. During the term of this Agreement or any extension thereof, whenever the City Labor Negotiator determines that the MPSO Association or any of its members are violating the obligations set forth in subsection l paragraph 1., of this Article, above, the City Labor Negotiator shall notify the MPSO Association that a prohibited action is in progress. 3. If the prohibited activity does not cease immediately following the notification given by the City Labor Negotiator, in accordance with subsection 2 of this Articlethe Association shall, above, the MPSO shall in an expeditious manner, but no later than within twelve (12) sixteen hours of such notification, disavow the prohibited activity, order its member or members in writing to return to work or cease the prohibited activity and provide the City Labor Negotiator with a copy of its order, or alternatively, accept responsibility for the prohibited activity. If the MPSO Association does not disavow the prohibited activity, the City will not make any payments to the MPSO that are required Association under the AGENCY SHOP DUES AND FAIR SHARE DEDUCTIONS provision of this Agreement for the biweekly pay period in which the prohibited activity occurs. 4. If the MPSO Association disavows the prohibited activity, the City shall not hold the MPSO Association financially responsible and the MPSO Association shall interpose no defense to the City's imposition of such penalties or sanctions as the City may assess against the participants. Such penalties may include but are not limited to: a. Discharge b. Loss of compensation, vacation benefits or holiday benefits. 5. While engaged in a prohibited activity, employees shall not be entitled to any benefits or compensation provided by the City (either by this Agreement or by City ordinances, including charter ordinances, or by any other means). 6. There shall be no lockout by the City during the term of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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PROHIBITION OF STRIKES AND LOCKOUTS. 1. The MPSO pledges itself to make every effort to maintain unimpaired During the police service and protection term of this Agreement, or any extension thereof, neither the community. It Association, its officers or agents, nor any employees covered by this Agreement shall not engage in, cause, condone, counsel counsel, permit or permit its memberssupport any strikes, sympathy strikes, wildcat strikes, work slowdowns, work speedups, mass absenteeism, mass use of sick leave, or any of them, individually acts or in concert, to strike, slow down, actions that will disrupt, impede or otherwise impair the normal functions duties and/or responsibilities of any City employee or of the Police Department. Engaging in any of this Activity shall be prohibited during the term of this Agreement and employees violating this prohibition shall be subject to such penalties the City deems appropriate. 2. During the term of this Agreement or any extension thereof, whenever the City Labor Negotiator determines that the MPSO Association or any of its members are violating the obligations set forth in subsection l paragraph 1 of this Article, above, the City Labor Negotiator shall notify the MPSO Association that a prohibited action is in progress. 3. If the prohibited activity does not cease immediately following the notification given by the City Labor Negotiator, in accordance with subsection 2 of this Articlethe Association shall, above, the MPSO shall in an expeditious manner, but no later than within twelve (12) sixteen hours of such notification, disavow the prohibited activity, order its member or members in writing to return to work or cease the prohibited activity and provide the City Labor Negotiator with a copy of its order, or alternatively, accept responsibility for the prohibited activity. If the MPSO Association does not disavow the prohibited activity, the City will not make any payments to the MPSO that are required Association under the AGENCY SHOP DUES AND FAIR SHARE DEDUCTIONS provision of this Agreement for the biweekly pay period in which the prohibited activity occurs. 4. If the MPSO Association disavows the prohibited activity, the City shall not hold the MPSO Association financially responsible and the MPSO Association shall interpose no defense to the City's imposition of such penalties or sanctions as the City may assess against the participants. Such penalties may include but are not limited to: a. Discharge b. Loss of compensation, vacation benefits or holiday benefits. 5. While engaged in a prohibited activity, employees shall not be entitled to any benefits or compensation provided by the City (either by this Agreement or by City ordinances, including charter ordinances, or by any other means). 6. There shall be no lockout by the City during the term of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

PROHIBITION OF STRIKES AND LOCKOUTS. 1. The MPSO pledges itself to make every effort to maintain unimpaired the police service and protection of the community. It Union shall not cause, condone, neither cause nor counsel or permit its members, or any of them, individually or in concert, to strike, slow downnor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, disruptslowdown, impede or otherwise impair refusal to perform any customarily assigned duties for the normal functions City. However, whether or not the Union is liable for such acts, any employee who commits any of the Departmentacts prohibited in this section may be subject to the following penalties: a. Discharge as provided for by law. b. Other disciplinary action as may be applicable to the employee. c. Loss of all compensation, vacation benefits, and holiday pay as determined by the City. 2. Engaging in any Should one or more members of this Activity shall be prohibited the Union during the term of this Agreement and employees violating this prohibition shall be subject to such penalties the City deems appropriate. 2. During the term of this Agreement Agreement, or any extension thereof, whenever the City Labor Negotiator determines that the MPSO or any of its members are violating breach the obligations set forth in subsection l of this Articleparagraph 1., above, the City Labor Negotiator shall immediately notify the MPSO President of the Union or, if unable, any other officer of the Union that a prohibited action act is in progress. 3. If The President of the prohibited activity does not cease immediately following Union or such other officer of the Union upon receipt of the notification given by the City Labor Negotiator, in accordance with subsection 2 of this Articlerequired under paragraph 2, above, the MPSO shall forthwith, and in an expeditious mannerany event, but no later than within twelve twenty-four (1224) hours of such notificationafter being so notified by the City, disavow the prohibited activity, said strike; shall order its member or members members, in writing, to return to work or cease the prohibited activity and provide the City Labor Negotiator with a copy of its the order, ; or alternatively, alternatively accept the responsibility for the prohibited activity. If the MPSO does not disavow the prohibited activity, the City will not make any payments to the MPSO that are required under the AGENCY SHOP provision of this Agreement for the biweekly pay period in which the prohibited activity occursstrike. 4. If the MPSO disavows the prohibited activityThe City will not lock out employees. However, the City if any employee is unable to work because equipment or facilities are not available due to a strike, work stoppage, or slowdown by any other employees, such inability to work shall not hold be deemed a lockout under the MPSO financially responsible and the MPSO shall interpose no defense to the City's imposition provisions of such penalties or sanctions as the City may assess against the participantsthis section. 5. While engaged In the event a dispute arises between the parties hereto with respect to whether or not the Union has caused or authorized, either directly or indirectly, a strike, acts of work stoppage, slowdown, refusal to perform any customarily assigned duties, or in the event of a prohibited activity, employees shall dispute arising as to whether or not be entitled to any benefits or compensation provided by the City (either by this Agreement or by City ordinanceshas locked out employees, including charter ordinances, or by any other means). 6. There such disputes shall be no lockout by the City during the term of determined in final and binding arbitration as set forth in this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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