Common use of PROHIBITION OF STRIKES Clause in Contracts

PROHIBITION OF STRIKES. Section 1 A strike shall be defined as: Concerted action to fail to report for duty, the concerted willful absence from one's position, the stoppage of work, slow down or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. Section 2 The PBA agrees that during the term of this Agreement it will not authorize, instigate, condone, excuse, ratify, or acquiesce in any strike, slowdown, work stoppage, picketing on duty or in uniform or other attire that identifies the individual as a City of Largo employee, or any other like or similar activity likely to interfere with the efficient operation of the City's affairs. Should the PBA or its member employees included in the collective bargaining unit breach this Article, then the City may proceed to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employees. The City may also take any other action authorized or required by law. Section 3 Any employee who engages in a strike shall have his/her employment terminated by the City effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee and shall not be subject to arbitration. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating in any such strike shall be entitled to any daily pay, wages or other benefits for the days on which a strike is engaged. Section 4 It is recognized that the City Manager or his/her legally authorized designee has the authority to declare when a strike has commenced as provided for by Florida Statutes.

PROHIBITION OF STRIKES. Section 1 A strike 3.1 The Association and its members agree they shall be defined as: Concerted action have no right to fail strike. Strike means the concerted stoppage of work, the concerted absence of employees from their positions, the concerted failure to report for duty, the concerted willful absence from one's positionsubmission of resignations, the stoppage of work, slow down or concerted abstinence in whole or in part of any group of employees from the full, full and faithful and proper performance of the their duties of employment with the City of Gainesville, the Employer, for the purpose of inducing, influencing influencing, condoning or coercing a change in the conditionsobligations, compensationterms or conditions of their employment. The Association and its members further agree they shall have no right to participate in a deliberate and concerted course of conduct which adversely affects the services of the Employer, rightsincluding the failure to work overtime, privileges the concerted failure to report for work after the expiration of a collective bargaining agreement and picketing in furtherance of a work stoppage or obligations refusing to cross a picket line. Any violation of employmentthis section shall subject the violator(s) to the penalties as provided by law and to the rules and regulations of the Employer. Section 2 The PBA agrees that during the term of 3.2 Any employee covered by this Agreement it will not authorizewho participates in, instigate, condone, excuse, ratifyis a party thereto, or acquiesce promotes any of the above actions as outlined in any strike, slowdown, work stoppage, picketing on duty or in uniform Section 3.1 or other attire that identifies the individual as a City similar forms of Largo employee, or any other like or similar activity likely to interfere interference with the efficient operation operations or functions of the City's affairs. Should the PBA or its member employees included in the collective bargaining unit breach this Article, then the City may proceed to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employees. The City may also take any other action authorized or required by law. Section 3 Any employee who engages in a strike shall have his/her employment terminated by the City effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee and shall not be subject to arbitrationdisciplinary action up to and including discharge. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating The only question that shall be raised in any proceedings, judicial or otherwise, contesting such strike action, is whether any provision as outlined in Section 3.1 was violated by the employee to be disciplined or discharged. Employees shall not be entitled to any daily paybenefits or wages whatsoever while they are engaged in strike activities, wages or other benefits interruptions of work. Any employee discharged in accordance with this Article or applicable provisions of the State of Florida Employees Collective bargaining Statute shall, if appointed, reappointed, employed or reemployed by the City, serve a six (6) month probationary period following the reappointment or reemployment, and the compensation may in no event exceed that received immediately prior to the time of the violation and the compensation may not be increased for one (1) year. 3.3 In the days on which event of a strike is engaged. as defined in Section 4 It is recognized that 3.1, the Association, after determining such individuals are association members, shall immediately, within 24 hours, verbally where possible, and in writing, instruct the employees they should return to work; copy of such instruction to be provided to the City Manager or his/her legally authorized designee has within twenty-four (24) hours. This Article is not subject to the authority to declare when a strike has commenced as provided for arbitration provisions of this Agreement but shall be enforced by Florida Statutesthe ordinary processes of law.

PROHIBITION OF STRIKES. Section 1 A strike SECTION 1. The PBA, the employees, and the PBA members agree not to engage in a strike, as defined in the Florida Statutes, Chapter 447, work stoppages, or other similar forms of interference with the operation of the Police Department. SECTION 2. Any employee who participates in or promotes a strike, work stoppage or other similar forms of interference with the operation of the Police Department shall be defined assubject to disciplinary action, up to and including discharge. SECTION 3. It is expressly understood and agreed that the PBA shall not be held financially liable for damages suffered by the City in the event of any unauthorized violation of this Article by any employees, provided the PBA shall: A. Within twenty-four (24) hours after giving written notice by the employer of such violation, promptly order the instigators and participants to cease all activities contrary to the provisions of this Article and contrary to the strike prohibition provisions of the Florida Statutes. B. Within twenty-four (24) hours after giving written notice by the employer of such violation, prepare and furnish to each employee in the bargaining unit the following notice: Concerted "We have been advised by the City of Tarpon Springs that a strike or other violation of Article 5 of our Agreement has occurred. Inasmuch as no such strike or other violation has been authorized or sanctioned by this Association, you are herewith instructed to return to work immediately and to cease violating Article 5 of this Agreement." SUN COAST POLICE BENEVOLENT ASSOCIATION, INC. By: C. Join with the City, at its option, in obtaining an injunction in the State Court restraining such violation; and D. Not interfere, directly or indirectly, with any attempts by the City to end the unauthorized violation of Article 5. E. In the event that certain bargaining unit employees who are involved in such unauthorized action shall refuse to fail to report for dutydiscontinue such unauthorized action, the concerted willful absence City shall have the right to discipline or discharge from one's positionemployment or take any and all actions allowed under the Florida Statutes against such employees without any recourse to the grievance procedure. SECTION 4. Employees covered by this Agreement, the stoppage of workPBA or its officers, slow down or abstinence in whole or in part from the fullagents, faithful and proper performance representatives, agree that Section 447.505 of the duties Florida Statutes prohibits them individually or collectively as public employees or as the association from participation in any strike against the City and prohibitions them from instigating or supporting in any manner, a strike. Any violation of employment this article, Article 5, shall subject violator(s) to the penalties provided for by the purpose Florida Statutes, this Agreement and the Rules and Regulations of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employmentCity. Section 2 SECTION 5. The PBA agrees that City shall not lock out any bargaining unit employees during the term of this Agreement it will not authorize, instigate, condone, excuse, ratify, or acquiesce in any strike, slowdown, work stoppage, picketing on duty or in uniform or other attire that identifies the individual as because of a City of Largo employee, or any other like or similar activity likely to interfere labor dispute with the efficient operation of the City's affairs. Should the PBA or its member employees included in the collective bargaining unit breach this Article, then the City may proceed to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employees. The City may also take any other action authorized or required by lawPBA. Section 3 Any employee who engages in a strike shall have his/her employment terminated by the City effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee and shall not be subject to arbitration. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating in any such strike shall be entitled to any daily pay, wages or other benefits for the days on which a strike is engaged. Section 4 It is recognized that the City Manager or his/her legally authorized designee has the authority to declare when a strike has commenced as provided for by Florida Statutes.

PROHIBITION OF STRIKES. Section 1 A strike 12 3.1 The FOP and its members agree they shall be defined as: Concerted action have no right to fail strike. Strike means 13 the concerted stoppage of work, the concerted absence of employees from their 14 positions, the concerted failure to report for duty, the concerted willful absence from one's positionsubmission of 15 resignations, the stoppage of work, slow down or concerted abstinence in whole or in part of any group of 16 employees from the full, full and faithful and proper performance of the their duties of employment 17 with the City of Gainesville, the Employer, for the purpose of inducing, influencing 18 influencing, condoning or coercing a change in the conditionsobligations, compensationterms or 19 conditions of their employment. The FOP and its members further agree they 20 shall have no right to participate in a deliberate and concerted course of conduct 21 which adversely affects the services of the Employer, rightsincluding the failure to 22 work overtime, privileges the concerted failure to report for work after the expiration of a 23 collective bargaining agreement and picketing in furtherance of a work stoppage 24 or obligations refusing to cross a picket line. Any violation of employmentthis section shall subject the 25 violator(s) to the penalties as provided by law and to the rules and regulations of 26 the Employer. Section 2 The PBA agrees that during the term of 27 3.2 Any employee covered by this Agreement it will not authorizewho participates in, instigateis a party thereto, condone, excuse, ratify, 28 or acquiesce promotes any of the above actions as outlined in any strike, slowdown, work stoppage, picketing on duty or in uniform Section 3.1 or other attire that identifies the individual as a City similar 29 forms of Largo employee, or any other like or similar activity likely to interfere interference with the efficient operation operations or functions of the City's affairs. Should the PBA or its member employees included in the collective bargaining unit breach this Article, then the City may proceed shall be subject 30 to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employeesdisciplinary action up to and including discharge. The City may also take only question that shall 1 be raised in any other action authorized proceedings, judicial or required by law. otherwise, contesting such action, is 2 whether any provision as outlined in Section 3 Any employee who engages in a strike shall have his/her employment terminated 3.1 was violated by the City effective the date the violation first occursemployee to 3 be disciplined or discharged. Such termination shall be effective upon written notice served upon the employee and Employees shall not be subject to arbitration. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating in any such strike shall be entitled to any daily paybenefits or 4 wages whatsoever while they are engaged in strike activities, wages or other benefits 5 interruptions of work. Any employee discharged in accordance with this Article 6 or applicable provisions of the State of Florida Employees Collective Bargaining 7 Statute shall, if appointed, reappointed, employed or re-employed by the City, 8 serve a six (6) month probationary period following the reappointment or 9 reemployment, and the compensation may in no event exceed that received 10 immediately prior to the time of the violation and the compensation may not be 11 increased for one (1) year. 12 3.3 In the days on which event of a strike is engaged. as defined in Section 4 It is recognized that 3.1, the FOP, after determining such 13 individuals are FOP members, shall immediately, within 24 hours, verbally where 14 possible, and in writing, order such employees to return to work; copy of such 15 order to be provided to the City Manager or his/her legally authorized designee has within twenty-four (24) hours. This Article is not 16 subject to the authority to declare when a strike has commenced as provided for arbitration provisions of this Agreement but shall be enforced by Florida Statutes17 the ordinary processes of law.

PROHIBITION OF STRIKES. Section 1 A strike 7 3.1 The FOP and its members agree they shall be defined as: Concerted action have no right to fail strike. Strike means 8 the concerted stoppage of work, the concerted absence of employees from their 9 positions, the concerted failure to report for duty, the concerted willful absence from one's positionsubmission of 10 resignations, the stoppage of work, slow down or concerted abstinence in whole or in part of any group of 11 employees from the full, full and faithful and proper performance of the their duties of employment 12 with the City of Gainesville, the Employer, for the purpose of inducing, influencing 13 influencing, condoning or coercing a change in the conditionsobligations, compensationterms or 14 conditions of their employment. The FOP and its members further agree they 15 shall have no right to participate in a deliberate and concerted course of conduct 16 which adversely affects the services of the Employer, rightsincluding the failure to 17 work overtime, privileges the concerted failure to report for work after the expiration of a 18 collective bargaining agreement and picketing in furtherance of a work stoppage 19 or obligations refusing to cross a picket line. Any violation of employmentthis section shall subject the 20 violator(s) to the penalties as provided by law and to the rules and regulations of 21 the Employer. Section 2 The PBA agrees that during the term of 22 3.2 Any employee covered by this Agreement it will not authorizewho participates in, instigateis a party thereto, condone, excuse, ratify, 23 or acquiesce promotes any of the above actions as outlined in any strike, slowdown, work stoppage, picketing on duty or in uniform Section 3.1 or other attire that identifies the individual as a City similar 24 forms of Largo employee, or any other like or similar activity likely to interfere interference with the efficient operation operations or functions of the City's affairs. Should the PBA or its member employees included in the collective bargaining unit breach this Article, then the City may proceed shall be subject 25 to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employeesdisciplinary action up to and including discharge. The City may also take only question that shall 26 be raised in any other action authorized proceedings, judicial or required by law. otherwise, contesting such action, is 27 whether any provision as outlined in Section 3 Any employee who engages in a strike shall have his/her employment terminated 3.1 was violated by the City effective the date the violation first occursemployee to 28 be disciplined or discharged. Such termination shall be effective upon written notice served upon the employee and Employees shall not be subject to arbitration. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating in any such strike shall be entitled to any daily paybenefits or 29 wages whatsoever while they are engaged in strike activities, wages or other benefits 30 interruptions of work. Any employee discharged in accordance with this Article 31 or applicable provisions of the State of Florida Employees Collective Bargaining 1 Statute shall, if appointed, reappointed, employed or re-employed by the City, 2 serve a six (6) month probationary period following the reappointment or 3 reemployment, and the compensation may in no event exceed that received 4 immediately prior to the time of the violation and the compensation may not be 5 increased for one (1) year. 6 3.3 In the days on which event of a strike is engaged. as defined in Section 4 It is recognized that 3.1, the FOP, after determining such 7 individuals are FOP members, shall immediately, within 24 hours, verbally where 8 possible, and in writing, order such employees to return to work; copy of such 9 order to be provided to the City Manager or his/her legally authorized designee has within twenty-four (24) hours. This Article is not 10 subject to the authority to declare when a strike has commenced as provided for arbitration provisions of this Agreement but shall be enforced by Florida Statutes.11 the ordinary processes of law. 13 ARTICLE 4

PROHIBITION OF STRIKES. Section 1 A strike shall be defined as: Concerted action to fail to report for duty, the concerted willful absence from one's position, the stoppage of work, slow down or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. Section 2 The PBA agrees that during the term of this Agreement it will not authorize, instigate, condone, excuse, ratify, or acquiesce in any strike, slowdown, work stoppage, picketing on duty or in uniform or other attire that identifies the individual as a City of Largo employee, or any other like or similar activity likely to interfere with the efficient operation of the City's affairs. Should the PBA or its member employees included in the collective bargaining unit breach this Article, then the City may proceed to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employees. The City may also take any other action authorized or required by law. Section 3 Any employee who engages in a strike shall have his/her employment terminated by the City effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee and shall not be subject to arbitration. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating in any such strike shall be entitled to any daily pay, wages wages, or other benefits for the days on which a strike is engaged. Section 4 It is recognized that the City Manager or his/her legally authorized designee has the authority to declare when a strike has commenced as provided for by Florida Statutes.

PROHIBITION OF STRIKES. Section 1 A strike SECTION 1. The PBA, the employees, and the PBA members agree not to engage in a strike, as defined in the Florida Statutes, Chapter 447, work stoppages, or other similar forms of interference with the operation of the Police Department. SECTION 2. Any employee who participates in or promotes a strike, work stoppage or other similar forms of interference with the operation of the Police Department shall be defined assubject to disciplinary action, up to and including discharge. SECTION 3. It is expressly understood and agreed that the PBA shall not be held financially liable for damages suffered by the City in the event of any unauthorized violation of this Article by any employees, provided the PBA shall: A. Within twenty-four (24) hours after giving written notice by the employer of such violation, promptly order the instigators and participants to cease all activities contrary to the provisions of this Article and contrary to the strike prohibition provisions of the Florida Statutes. B. Within twenty-four (24) hours after giving written notice by the employer of such violation, prepare and furnish to each employee in the bargaining unit the following notice: Concerted "We have been advised by the City of Tarpon Springs that a strike or other violation of Article 5 of our Agreement has occurred. Inasmuch as no such strike or other violation has been authorized or sanctioned by this Association, you are herewith instructed to return to work immediately and to cease violating Article 5 of this Agreement." SUN COAST POLICE BENEVOLENT ASSOCIATION, INC. By: C. Join with the City, at its option, in obtaining an injunction in the State Court restraining such violation; and D. Not interfere, directly or indirectly, with any attempts by the City to end the unauthorized violation of Article 5. E. In the event that certain bargaining unit employees who are involved in such unauthorized action shall refuse to fail to report for dutydiscontinue such unauthorized action, the concerted willful absence City shall have the right to discipline or discharge from one's positionemployment or take any and all actions allowed under the Florida Statutes against such employees without any recourse to the grievance procedure. SECTION 4. Employees covered by this Agreement, the stoppage of workPBA or its officers, slow down or abstinence in whole or in part from the fullagents, faithful and proper performance representatives, agree that Section 447.505 of the duties Florida Statutes prohibits them individually or collectively as public employees or as the association from participation in any strike against the City and prohibitions them from instigating or supporting in any manner, a strike. Any violation of employment this article, Article 5, shall subject violator(s) to the penalties provided for by the purpose Florida Statutes, this Agreement and the Rules and Regulations of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employmentCity. Section 2 SECTION 5. The PBA agrees that City shall not lock out any bargaining unit employees during the term of this Agreement it will not authorize, instigate, condone, excuse, ratify, or acquiesce in any strike, slowdown, work stoppage, picketing on duty or in uniform or other attire that identifies the individual as because of a City of Largo employee, or any other like or similar activity likely to interfere labor dispute with the efficient operation PBA. SECTION 1. Neither party, in negotiations, shall have any control over the selection of the City's affairsnegotiating or bargaining representative of the other party. Should The bargaining committee of the PBA shall consist of not more than four (4) representatives. The PBA shall furnish the City Manager's Office with a written list of the PBA's bargaining committee, prior to the first bargaining meeting. SECTION 2. PBA representatives shall be allowed to communicate official PBA business to members prior to on-duty roll call, and following off-duty roll call. SECTION 3. Employees shall have the right to PBA representation if the employee desires to meet and consult with any supervisory or its member employees managerial official, via the appropriate chain of command. SECTION 4. Copies of special orders, general orders or training bulletins affecting PBA members shall be made available to the PBA upon request, so long as such documents are provided by law to be public records. SECTION 5. Special conferences on important matters will be arranged between the officers of the PBA and the Chief of Police or the City Manager. Arrangements for any special conferences shall be made five (5) calendar days in advance whenever possible and an agenda of the matters to be taken up at the meeting shall be presented in writing at the time the conference is requested. Matters taken up in special conferences shall be confined to those included in the collective bargaining unit breach this Article, then agenda and the City may proceed PBA representative shall be limited to a court of competent jurisdiction and, without notice, obtain an injunction against PBA and/or its member employees. The City may also take no more than three (3) matters at any other action authorized or required by lawone (1) conference. Section 3 Any employee who engages in a strike SECTION 6. Copies of all memoranda regarding police department operations and issued for all dissemination to the employees, by any means, shall have his/her employment terminated be provided to the in-house PBA representative as authorized by the City effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee and shall not be subject to arbitration. An employee who is absent from any portion of his/her work assignment without authorization or who abstains wholly or PBA President in part from the full performance of his/her duties without authorization from the City on the date or dates the strike occurs is prima facie presumed to have engaged in a strike on such date or dates. No employee participating in any such strike shall be entitled to any daily pay, wages or other benefits for the days on which a strike is engagedwriting. Section 4 It is recognized that the City Manager or his/her legally authorized designee has the authority to declare when a strike has commenced as provided for by Florida Statutes.