Common use of PROHIBITION OF STRIKES AND LOCKOUTS Clause in Contracts

PROHIBITION OF STRIKES AND LOCKOUTS. 1. The Union shall neither cause nor counsel its members, to strike, nor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties for the City. However, whether or not the Union is liable for such acts, any employee who commits any of the acts 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. Should one or more members of the Union during the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, the City Labor Negotiator shall immediately notify the Business Manager of the Union or, if unable, any other officer of the Union that a prohibited act is in progress. 3. The Business Manager of the Union or such other officer of the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified by the City, disavow said strike; shall 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 the order; or alternatively accept the responsibility for the strike. 4. The City will not lock out employees. However, 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 be deemed a lockout under the provisions of this section. 5. 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 dispute arising as to whether or not the City has locked out employees, such disputes shall be determined in final and binding arbitration as set forth in this Agreement.

PROHIBITION OF STRIKES AND LOCKOUTS. 113.1. The Union shall neither cause nor counsel its members, to strike, nor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties for the City. However, whether or not the Union is liable for such actsacts or actions, any employee who commits any of the acts 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. 213.2. Should one or more Upon notification confirmed in writing by the City to the Union that certain of its members are engaged in a wildcat strike, the Union shall immediately, in writing, order its members to return to work, provide the City with a copy of such an order; and a responsible official of the Union during shall publicly order them to return to work. Such characterization of the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, strike by the City Labor Negotiator shall immediately notify not establish the Business Manager nature of the strike. Such notification by the Union or, if unable, any other officer of shall not constitute an admission by the Union that a prohibited act wildcat strike is in progress. 3progress or has taken place or that any particular member is or has engaged in a wildcat strike. The Business Manager notification shall be made solely on the representations of the City. In the event that a wildcat strike occurs, the Union agrees to take all reasonable, effective and affirmative action to secure the members' return to work as promptly as possible. Failure of the Union to issue orders and/or take action shall be considered in determining whether or such other officer of not the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified by the City, disavow said strike; shall 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 the order; or alternatively accept the responsibility for caused the strike, directly or indirectly. 413.3. The City will not lock out employees. However, if 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 the inability to work shall not be deemed a lockout under the provisions of this section. 513.4. 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, caused or authorized, a strike, acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties, or the dispute shall be determined in final and binding arbitration as set forth in this Agreement. 13.5. In the event of a dispute arising as to whether or not the City has locked out employees, such disputes the dispute shall be determined in final and binding arbitration as set forth in this Agreement.

PROHIBITION OF STRIKES AND LOCKOUTS. 1. The Union pledges itself to make every effort to maintain unimpaired service to the City. The Union shall neither cause nor counsel its members, members to strike, nor shall it in any manner cause them either directly or indirectly to to: commit any concerted acts of work stoppage, participate in a sympathy strike, participate in a wildcat strike, engage in a work speedup or slowdown, engage in so-called "sickout" activity, disrupt, impede any City functions or refusal refuse to perform any customarily assigned duties for the City. Any local of the Union shall also be prohibited from taking the action enumerated in this section. However, whether or not the Union or a local, is liable for such actsacts or actions, any employee who commits any of the acts 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. Should one or more members of the Union during the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, Upon notification confirmed in writing by the City Labor Negotiator shall immediately notify the Business Manager of the Union or, if unable, any other officer of to the Union that certain of its members are engaged in a prohibited act is in progress. 3. The Business Manager of wildcat strike, the Union or such other officer of the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified by the City, disavow said strike; shall immediately order its member or members, in writing, members to return to work or cease the prohibited activity and in writing, provide the City Labor Negotiator with a copy of such an order, and a responsible official of the order; Union shall publicly order them to return to work. Such characterization of the strike by the City shall not establish the nature of the strike. In the event that a wildcat strike occurs, the Union agrees to take all reasonable, effective and affirmative action to secure the members' return to work as promptly as possible. Failure of the Union to issue orders and/or take action shall be considered in determining whether or alternatively accept not the responsibility for Union caused, directly or indirectly, the strike. 43. The City will not lock out employees. However, if 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 the inability to work shall not be deemed a lockout under the provisions of this section. 5. 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 dispute arising as to whether or not the City has locked out employees, such disputes shall be determined in final and binding arbitration as set forth in this Agreement.

PROHIBITION OF STRIKES AND LOCKOUTS. 1. 2.1 The Union shall neither cause nor counsel its members, or any of them, to strike, nor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, slowdownslow down, or refusal to perform any customarily assigned duties for the City. 2.2 In applying the provisions of this Article, all of the terms used herein shall be given the meaning commonly understood. 2.3 The Union shall not be liable where the acts or actions enumerated herein are not caused or authorized directly or indirectly by the Union. However, whether or not the Union is liable for such actsacts or actions, any employee Employee who commits any of the acts prohibited in this section may Article shall be subject to the following penalties: a. Discharge : (a) discharge as provided for by law. b. Other ; (b) other disciplinary action as may be applicable to the employee. c. Loss applicable; and (c) loss of all compensation, vacation benefits, benefits and holiday pay as determined by the City. 2. Should one or more members of the Union during the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, the City Labor Negotiator shall immediately notify the Business Manager of the Union or, if unable, any other officer of the Union that a prohibited act is 2.4 Upon notification confirmed in progress. 3. The Business Manager of the Union or such other officer of the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified writing by the City, disavow said strike; shall order its member or members, in writingthrough the City Manager, to return to work or cease the prohibited activity and Union that certain of its members are engaged in a wildcat strike, the Union shall immediately provide the City Labor Negotiator with a copy of such an Order, and a responsible official of the order; Union shall publicly order them to return to work. Such characterization of the strike by the City shall not establish the nature of the strike. Such notification by the Union shall not constitute an admission by it that a wildcat strike is in progress or alternatively accept has taken place or that any particular member is or has engaged in a wildcat strike. The notification shall be made solely on the responsibility for representations of the City. In the event a wildcat strike occurs, the Union agrees to take all reasonable effective and affirmative action to secure the member's return to work as promptly as possible. Failure of the Union to issue such order and/or take such action shall be considered in determining whether or not the Union caused or authorized, directly or indirectly, the strike. 4. 2.5 The City will not lock out employees. HoweverEmployees; however, if any employee Employee is unable to work because equipment or facilities are not available due to a strike, work stoppage, or slowdown slow down by any other employeesEmployees, such inability to work shall not be deemed a lockout under the provisions of this sectionSection. 5. In 2.6 It is mutually agreed that the event a dispute arises between provisions of this Article shall not be subject to the parties hereto with respect to whether or not the Union has caused or authorized, either directly or indirectly, a strike, acts grievance procedure of work stoppage, slowdown, refusal to perform any customarily assigned duties, or in the event of a dispute arising as to whether or not the City has locked out employees, such disputes shall be determined in final and binding arbitration as set forth in this Agreement.

PROHIBITION OF STRIKES AND LOCKOUTS. 112.1. The Union shall neither cause nor counsel its members, to strike, nor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties for the City. However, whether or not the Union is liable for such actsacts or actions, any employee who commits any of the acts 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. 212.2. Should one or more members of the Union during the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, Upon notification confirmed in writing by the City Labor Negotiator shall immediately notify the Business Manager of the Union or, if unable, any other officer of to the Union that certain of its members are engaged in a prohibited act is in progress. 3. The Business Manager of wildcat strike, the Union or such other officer of the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified by the City, disavow said strike; shall immediately order its member or members, in writing, members to return to work or cease the prohibited activity and in writing, provide the City Labor Negotiator with a copy of such an order, and a responsible official of the order; Union shall publicly order them to return to work. Such characterization of the strike by the City shall not establish the nature of the strike. Such notification by the Union shall not constitute an admission by it that a wildcat strike is in progress or alternatively accept has taken place or that any particular member is or has engaged in a wildcat strike. The notification shall be made solely on the responsibility for representations of the City. In the event that a wildcat strike occurs, the Union agrees to take all reasonable, effective and affirmative action to secure the members' return to work as promptly as possible. Failure of the Union to issue orders and/or take action shall be considered in determining whether or not the Union caused, directly or indirectly, the strike. 412.3. The City will not lock out employees. However, if 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 the inability to work shall not be deemed a lockout under the provisions of this section. 512.4. 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 dispute arising as to whether or not the City has locked out employees, such the disputes shall be determined in final and binding arbitration as set forth in this Agreement.

PROHIBITION OF STRIKES AND LOCKOUTS. 111.1. The Union shall neither cause nor counsel its members, to strike, nor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties for the City. However, whether or not the Union is liable for such actsacts or actions, any employee who commits any of the acts 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. 211.2. Should one or more members of the Union during the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, Upon notification confirmed in writing by the City Labor Negotiator shall immediately notify the Business Manager of the Union or, if unable, any other officer of to the Union that certain of its members are engaged in a prohibited act is in progress. 3. The Business Manager of wildcat strike, the Union or such other officer of the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified by the City, disavow said strike; shall immediately order its member or members, in writing, members to return to work or cease the prohibited activity and in writing, provide the City Labor Negotiator with a copy of such an order, and a responsible official of the order; Union shall publicly order them to return to work. Such characterization of the strike by the City shall not establish the nature of the strike. Such notification by the Union shall not constitute an admission by it that a wildcat strike is in progress or alternatively accept has taken place or that any particular member is or has engaged in a wildcat strike. The notification shall be made solely on the responsibility for representations of the City. In the event that a wildcat strike occurs, the Union agrees to take all reasonable, effective and affirmative action to secure the members' return to work as promptly as possible. Failure of the Union to issue orders and/or take action shall be considered in determining whether or not the Union caused, directly or indirectly, the strike. 411.3. The City will not lock out employees. However, if 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 the inability to work shall not be deemed a lockout under the provisions of this section. 511.4. 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 dispute arising as to whether or not the City has locked out employees, such the disputes shall be determined in final and binding arbitration as set forth in this Agreement.

PROHIBITION OF STRIKES AND LOCKOUTS. 114.1. The Union shall neither cause nor counsel its members, to strike, nor shall it in any manner cause them either directly or indirectly to commit any concerted acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties for the City. Any local of the Union shall also be prohibited from taking the action enumerated in this section. However, whether or not the Union or a local, is liable for such actsacts or actions, any employee who commits any of the acts 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. 214.2. Should one or more members of the Union during the term of this Agreement, or any extension thereof, breach the obligations of paragraph 1., above, Upon notification confirmed in writing by the City Labor Negotiator shall immediately notify the Business Manager of the Union or, if unable, any other officer of to the Union that certain of its members are engaged in a prohibited act is in progress. 3. The Business Manager of wildcat strike, the Union or such other officer of the Union upon receipt of the notification required under paragraph 2, above, shall forthwith, and in any event, within twenty-four (24) hours after being so notified by the City, disavow said strike; shall immediately order its member or members, in writing, members to return to work or cease the prohibited activity and in writing, provide the City Labor Negotiator with a copy of such an order, and a responsible official of the order; Union shall publicly order them to return to work. Such characterization of the strike by the City shall not establish the nature of the strike. Such notification by the Union shall not constitute an admission by it that a wildcat strike is in progress or alternatively accept has taken place or that any particular member is or has engaged in a wildcat strike. The notification shall be made solely on the responsibility for representations of the City. In the event that a wildcat strike occurs, the Union agrees to take all reasonable, effective and affirmative action to secure the members' return to work as promptly as possible. Failure of the Union to issue orders and/or take action shall be considered in determining whether or not the Union caused, directly or indirectly, the strike. 414.3. The City will not lock out employees. However, if 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 the inability to work shall not be deemed a lockout under the provisions of this section. 514.4. In the event a dispute arises between the parties hereto with respect to whether or not the Union or any of its locals 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 dispute arising as to whether or not the City has locked out employees, such the disputes shall be determined in final and binding arbitration as set forth in this Agreement.