WORK STOPPAGE. A. Apart from and in addition to existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its members, or agents, or representatives, or the employees in the unit, or persons acting in concert with any of them, shall incite, encourage or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatsoever during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of this contract, disputes which are specifically not subject to the grievance procedures, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of a strike, walkout, slowdown or work stoppage or threat thereof, the Association and its officers will do everything reasonable within their power to end or avert the same. B. Upon the Association's violation of Paragraph "A", and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may terminate this Agreement upon written notice to the Association to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Association, such changes in wages, hours, and terms and conditions of employment of employees covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system. C. Any employee authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, picketing, work stoppage, or other concerted interference in violation of this Article, or refusing to perform daily assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline employees hereunder. D. In the event that the Association, its members, agents, representative, employees or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance procedures, the Association and the employees shall be deemed to have waived the right to process the grievance or dispute to arbitration and the dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto. E. The District agrees not to lock out the employees covered by this agreement during the terms of this agreement.
Appears in 9 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
WORK STOPPAGE. A. Apart from and in addition to existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its membersofficers, or agents, or representatives, or the employees in the unitemployees, or persons acting in concert with any of them, shall incite, encourage encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatsoever during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of this contractArticle V, disputes which are specifically not subject to the grievance proceduresprovisions of Article V, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of a any strike, walkout, slowdown or work stoppage or threat thereof, the Association and its officers will do everything reasonable reasonably within their power to end or avert the same.
B. Upon the Association's violation of Paragraph "A", and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Association to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Association, Association such changes in wages, hours, and terms and conditions of employment of employees covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system.
C. Any employee authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, picketing, work stoppage, or other concerted interference in violation of this Article, or refusing to perform daily duly assigned services in violation of this Article, shall be subject to terminationtermination pursuant to applicable Education Code proceedings. The District reserves the right to selectively discipline employees hereunder.
D. In the event that the Association, its membersofficers, agentsagents or representatives, representative, or the employees or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance proceduresprovisions of Article V, the Association (and the employees employees) shall be deemed to have waived the right to process the grievance or dispute to arbitration through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto.
E. The District agrees not to lock out the employees covered by this agreement during the terms of this agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
WORK STOPPAGE. A. Apart from and in addition to existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its membersofficers, or agents, or representatives, or the employees in the unitunit members, or persons acting in concert with any of them, shall incite, encourage encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatsoever during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of this contractArticle V, disputes which are specifically not subject to the grievance proceduresprovisions of Article V, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of a any strike, walkout, slowdown or work stoppage or threat thereof, the Association and its officers will do everything reasonable reasonably within their power to end or avert the same.
B. Upon the Association's violation of Paragraph "A", and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Association to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Association, Association such changes in wages, hours, and terms and conditions of employment of employees unit members covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system.
C. Any employee unit member authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, picketing, work stoppage, or other concerted interference in violation of this Article, or refusing to perform daily duly assigned services in violation of this Article, shall be subject to terminationtermination pursuant to applicable Education Code proceedings. The District reserves the right to selectively discipline employees unit members hereunder.
D. In the event that the Association, its membersofficers, agentsagents or representatives, representative, employees or the unit members or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance proceduresprovisions of Article V, the Association (and the employees unit members) shall be deemed to have waived the right to process the grievance or dispute to arbitration through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto.
E. The District agrees not to lock out the employees covered by this agreement during the terms of this agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement