WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project site is a violation of this Article. Section 2. The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days. Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 5 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement CWA, there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its any applicable Local local Union or by any employeeworker, and there shall be no lockout by the Contractor. Failure of any Union, Local local Union or employee worker to cross any picket line established at the project site is a violation of Covered Project sites violates this Article.
Section 2. The Union and its every applicable Local local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee worker shall engage in activities which that violate this Article. Any employee worker who participates in or encourages any activities which interfere that interferes with the normal operation of the project operations on a Covered Project, shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its any applicable Local Union shall be liable for acts of employees workers for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/his or her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.Local
Appears in 5 contracts
Samples: Community Workforce Agreement, Community Workforce Agreement, Community Workforce Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. 4.1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article. Any damages resulting from any violation of this Agreement will be paid by the violating party.
Section 2. 4.2 The Union and its applicable Local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s 's project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 34.3 The Unions agree that they shall not sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Project site. If any Union is notified of any offsite work stoppage, strike, picketing or other disruptive activity by the Union that will economically and/or materially affect the completion of the Project, the Union will promptly make good efforts to cease such Project work disruption. Any such costs that economically and/or materially harm the LACMTA shall be borne by the affected Union and made payable to the LACMTA.
4.4 Neither the Union nor its applicable Local Union shall be liable for independent acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The , Tthe principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation within two business days shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor C/S/E/D to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 4 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. 15.1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns slow downs or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. 15.2 The Union and its applicable Local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. 15.3 Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If 15.4 In the event of any party to this Agreement believes a work stoppage, strike, picketing or other disruptive activity in violation of this article has occurredArticle, that the Contractor may suspend all or any portion of the Project work affected by such activity at the Contractor’s discretion and without penalty.
15.5 There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the Project site during the duration of this PLA. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 6 of this Article.
15.6 In Lieu of, or in addition to, any other action at law or equity, any party may submit their claim as institute the following procedure when a grievance breach of this Article is alleged, after the Union(s) or Local Union(s) has been notified of the fact.
(a) For any dispute under Article 15, the parties shall request from the Federal Mediation and Conciliation Service a list of seven (7) Arbitrators whose primary office addresses are in the states of Washington or Oregon. Once the list of Arbitrators is received, step 4within 24 hours each party shall meet or confer to alternately strike names until one name remains. This person shall serve as the Arbitrator to resolve the dispute. The parties shall notify the selected Arbitrator immediately, but no later than 24 hours, about his/her selection6. 6 Article 15.6(a) revised by Amendment as of June 18, 2014 by action of the Joint Administrative Committee.
(b) Upon receipt of said notice, the Arbitrator named above shall set and hold a hearing within twenty-four (24) hours if it is contended the violation still exists.
(c) The Arbitrator shall notify the parties by facsimile, telegram or any other effective written means, of the place and time he or she has chosen for expedited arbitrationthis hearing. Said hearing shall be completed in one session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an Award by the Arbitrator.
(d) The sole issue at the arbitration hearing shall be whether or not a violation of this Article has in fact occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 three (3) hours after the close end of the hearing, and may be issued without an opinionOpinion. If any party desires an opinionOpinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, of the award. The arbitrator Arbitrator may order cessation of the violationviolation of this Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award may be enforced by any court of competent jurisdiction upon the filing of this PLA and all other appropriate reliefrelevant documents referred to herein above in the following manner. Facsimile or expedited mail or personal service of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator’s award as issued under Section 6 of this Article, including, but not limited all parties waive the right to monetary damages, in an amount not to exceed $3,500 per daya hearing and agree that such proceedings may be ex parte. Such award agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The Court’s order or orders enforcing the Arbitrator’s Award shall be final and binding served on all parties. parties by hand or by delivery to their last known address by registered mail.
(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance therewith, are hereby waived by parties to whom they accrue.
(g) The fees and expenses of the arbitrator Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent. found in violation, or in the event no violation is found, such fees and expenses shall be borne by the moving party.
(h) If the arbitrator Arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout work stoppage has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance accordance with this Article.Section
Appears in 4 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there PLA, no Union or any of its members, officers, stewards, employees, agents or representatives shall be no strikesinstigate, support, sanction, maintain, or participate in any strike, picketing, work stoppageswalkout, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project site is a violation of this Article.
Section 2. The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing slow down or other disruptive activity that interferes with the routine and timely prosecution of work at the Contractor’s project Project site or at any other contractor's or supplier's facility that is necessary to performance of work at the Project site. Hand billing at the Project site during the designated lunch period and before commencement or following conclusion of the established standard workday shall not, in itself, be deemed an activity that interferes with the routine and timely prosecution of work on the Project. Should any activity prohibited by paragraph 7.1 of this Article occur, the Union shall undertake all reasonable means steps reasonably necessary to prevent or to terminate any promptly end such activityprohibited activities. No employee shall engage in activities which violate Union complying with its obligations under this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its applicable Local Union Article shall be liable for acts of employees for whom which it has no responsibility or for the unauthorized acts of employees it represents. Any employee who participates or encourages any activity prohibited by paragraph 7.1 shall be immediately suspended from all work on the Project for a period equal to the greater of (a) 60 days; or (b) the maximum disciplinary period allowed under the applicable collective bargaining agreement for engaging in comparable unauthorized or prohibited activity. Neither the PLA Committee nor its affiliates shall be liable for acts of employees for which it has no responsibility. The International Union General President principal officer or Presidents officers of the PLA Committee will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local affiliated Union or Unions to cease any violations of this Article. An International Union complying The PLA Committee in its compliance with this obligation shall not be liable for unauthorized acts of its Local Unionaffiliates. The principal officer or officers of a Local Union any involved affiliate will immediately instruct, order and or use the best efforts effort of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right rights in any instance shall not be deemed a waiver of its right rights in any other instance.
Section 4. If During the term of this PLA, the Prime Contractor and its Subcontractors shall not engage in any party lockout at the Project site of employees covered by this Agreement. Upon notification of violations of this Article, the principal officer or officers of the local area Building and Construction Trades Council, and the Illinois AFL-CIO Statewide Project Labor Agreement Committee as appropriate, will immediately instruct, order and use their best efforts to cause the affiliated Union or Unions to cease any violations of this Agreement believes a Article. A Trades Council and the Committee otherwise in compliance with the obligations under this paragraph shall not be liable for unauthorized acts of its affiliates. In the event that activities in violation of this article has occurredArticle are not immediately halted through the efforts of the parties, that any aggrieved party may submit their claim invoke the special arbitration provisions set forth in paragraph 7.5 of this Article. Upon written notice to the other involved parties by the most expeditious means available, any aggrieved party may institute the following special arbitration procedure when a breech of this Article is alleged: The party invoking this procedure shall notify the individual designated as the Permanent Arbitrator pursuant to paragraph 6.8 of the nature of the alleged violation; such notice shall be by the most expeditious means possible. The initiating party may also furnish such additional factual information as may be reasonably necessary for the Permanent Arbitrator to understand the relevant circumstances. Copies of any written materials provided to the arbitrator shall also be contemporaneously provided by the most expeditious means possible to the party alleged to be in violation and to all other involved parties. Upon receipt of said notice the Permanent Arbitrator shall set and hold a grievance under Article 7hearing within twenty-four (24) hours if it is contended the violation is ongoing, step 4but not before twenty-four (24) hours after the written notice to all parties involved as required above. The Permanent Arbitrator shall notify the parties by facsimile or any other effective written means, of the place and time chosen by the Permanent Arbitrator for expedited arbitrationthis hearing. Said hearing shall be completed in one session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an Award by the Permanent Arbitrator. The sole issue at the arbitration hearing shall be whether or not a violation of this Article has, in fact, occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award An Award shall be issued in writing within 24 three (3) hours after the close of the hearing, and may be issued without an a written opinion. If any party desires an a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the awardAward. The arbitrator Permanent Arbitrator may order cessation of the violationviolation of this Article, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per daysuch Award shall be served on all parties by hand or registered mail upon issuance. Such award Award may be enforced by any court of competent jurisdiction upon the filing of the Award and such other relevant documents as may be required. Facsimile or other hardcopy written notice of the filing of such enforcement proceedings shall be given to the other relevant parties. In a proceeding to obtain a temporary order enforcing the Permanent Arbitrator's Award as issued under this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a hearing for a final and binding order of enforcement. The Court's order or orders enforcing the Permanent Arbitrator's Award shall be served on all partiesparties by hand or by delivery to their last known address or by registered mail. Individuals found to have violated the provisions of this Article are subject to immediate termination. In addition, CDB reserves the right to terminate this PLA as to any party found to have violated the provisions of this Article. Any rights created by statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by parties to whom they accrue. The fees and expenses of the arbitrator Permanent Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent. If found in violation, or in the arbitrator determines that a event no violation of this Article has occurred the Union(s) shallis found, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she such fees and expenses shall be empowered to order borne by the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Articlemoving party.
Appears in 4 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. 4.1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article. Any damages resulting from any violation of this Agreement will be paid by the violating party.
Section 2. 4.2 The Union and its applicable Local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s 's project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 34.3 The Unions agree that they shall not sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Project site. If any Union is notified of any offsite work stoppage, strike, picketing or other disruptive activity by the Union that will economically and/or materially affect the completion of the Project, the Union will promptly make good efforts to cease such Project work disruption. Any such costs that economically and/or materially harm the LACMTA shall be borne by the affected Union and made payable to the LACMTA.
4.4 Neither the Union nor its applicable Local Union shall be liable for independent acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. , The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation within two business days shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor C/S/E to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 4 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union Unions or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union Unions shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site or any site of a contractor or supplier necessary for the performance of work at the project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days.in
Section 3. Neither the Union nor its applicable Local Union The Unions shall not be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any Any party to this Agreement believes alleging a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation breach of this Article occurredshall have the right to petition a court for temporary and permanent injunctive relief. The arbitrator shall have no authority to consider any justificationparties agree that the moving party, explanation or mitigation for such violation. The arbitrator’s award upon proving a breach of this Agreement, shall be issued in writing within 24 hours after the close of the hearing, entitled to temporary and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate permanent injunctive relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 20-1. During the term of this Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns slow downs, interference with the work or other disruptive activity for any reason by the Union, its applicable Local local Union or by any employee, employee and there shall be no lockout by the ContractorEmployer. Failure of any Union, Local Union local union or employee to cross any picket line established at the Employer’s project site is a violation of this Article.
Section 20-2. The Union and its applicable Local Union local union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the ContractorEmployer’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the same project for a period of not less than ninety (90) days.
Section 20-3. Neither the Union nor its applicable Local Union local union shall be liable for acts of employees for whom which it has no responsibility. The International Union General President or Presidents President(s) will immediately instruct instruct, order and use the best efforts of his/his or her office to cause the Local Union or Unions local union(s) to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. local union.The principal officer or officers of a Local Union local union will immediately instruct, order and use the best efforts of his/his or her office to cause the employees the Local Union local union represents to cease any violations of this the Article. A Local Union local union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor Employer to exercise its right in any instance instances shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 3 contracts
Samples: Construction Agreement, Construction Agreement, National Construction Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns slow downs or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s 's project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days90)days.
Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 2 contracts
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns slow-downs or other disruptive activity for any reason by the UnionCouncil, its applicable Local a Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Unionthe Council, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union Council and its applicable Local Union Unions shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project 's Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. Neither the Union Council nor its applicable Local any Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents Council Business Manager will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union By complying with this obligation obligation, the Building Trades Council shall not be liable for unauthorized acts of its Local a Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/his or her office to cause the employees that the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 2 contracts
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union Unions or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union Unions shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site or any site of a contractor or supplier necessary for the performance of work at the project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety thirty (9030) days.
Section 3. Neither the Union nor its applicable Local Union The Unions shall not be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.and
Section 4. If any Any party to this Agreement believes alleging a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation breach of this Article occurredshall have the right to petition a court for temporary and permanent injunctive relief. The arbitrator shall have no authority to consider any justificationparties agree that the moving party, explanation or mitigation for such violation. The arbitrator’s award upon proving a breach of this Agreement, shall be issued in writing within 24 hours after the close of the hearing, entitled to temporary and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate permanent injunctive relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 2 contracts
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement PLA there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the ContractorContractor on Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established at the project Covered Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party Party to this Agreement PLA believes a violation of this article has occurred, that party Party may submit their claim as a grievance under Article 7, step Step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party Party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.fifteen
Appears in 2 contracts
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement PLA there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employeeemployee at the Covered Project site, and there shall be no lockout by the ContractorContractor on Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established at the project Covered Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project Covered Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees workers for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/her their office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her their office to cause the employees workers the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees workers it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party Party to this Agreement PLA believes a violation of this article Article has occurred, that party Party may submit their claim as a grievance under Article 7, step Step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party Party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.fifteen
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement PLA there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the ContractorContractor on Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established at the project Covered Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party Party to this Agreement PLA believes a violation of this article has occurred, that party Party may submit their claim as a grievance under Article 7, step Step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party Party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damagesliquidated damages in the following amounts: For the first shift in which the violation occurred, $10,000; for the second shift, $10,000; for the third shift, $10,000; for each shift thereafter in an amount which the craft has not returned to exceed work, $3,500 10,000 per dayshift. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party Party or parties Parties and the party Party or parties Parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects Project to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor Contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns slow downs or other disruptive activity for any reason by the UnionCouncil, its applicable Local a Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Unionthe Council, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union Council and its applicable Local Union Unions shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. Neither the Union Council nor its applicable Local any Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents Council’s Business Manager will immediately instruct instruct, order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union By complying with this obligation the Building Trades Council shall not be liable for unauthorized acts of its Local a Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/his or her office to cause the employees that the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. 1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project site is a violation of this Article.
Section 2. 2 The Union and its applicable Local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days.
Section 3. 3 Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. 4 If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. .The arbitrator’s award shall be issued in writing within 24 twenty-four (24) hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement PLA there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the ContractorContractor on Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established at the project Covered Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party Party to this Agreement PLA believes a violation of this article has occurred, that party Party may submit their claim as a grievance under Article 7, step Step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, hearing and may be issued without an opinion. If any party Party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.fifteen
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns slow downs or other disruptive activity for any reason by the Union, its applicable Local Union Unions or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union Unions shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site or any site of a contractor or supplier necessary for the performance of work at the project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety thirty (9030) days.
Section 3. Neither the Union nor its applicable Local Union The Unions shall not be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any Any party to this Agreement believes alleging a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation breach of this Article occurredshall have the right to petition a court for temporary and permanent injunctive relief. The arbitrator shall have no authority to consider any justificationparties agree that the moving party, explanation or mitigation for such violation. The arbitrator’s award upon proving a breach of this Agreement, shall be issued in writing within 24 hours after the close of the hearing, entitled to temporary and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate permanent injunctive relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. 15.1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns slow downs or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. 15.2 The Union and its applicable Local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety (90) days.
Section 3. 15.3 Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If 15.4 In the event of any party to this Agreement believes a work stoppage, strike, picketing or other disruptive activity in violation of this article has occurredArticle, that the Contractor may suspend all or any portion of the Project work affected by such activity at the Contractor’s discretion and without penalty.
15.5 There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the Project site during the duration of this PLA. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 6 of this Article.
15.6 In Lieu of, or in addition to, any other action at law or equity, any party may submit their claim as institute the following procedure when a grievance breach of this Article is alleged, after the Union(s) or Local Union(s) has been notified of the fact.
(a) For any dispute under Article 15, the parties shall request from the Federal Mediation and Conciliation Service a list of seven (7) Arbitrators whose primary office addresses are in the states of Washington or Oregon. Once the list of Arbitrators is received, step 4within 24 hours each party shall meet or confer to alternately strike names until one name remains. This person shall serve as the Arbitrator to resolve the dispute. The parties shall notify the selected Arbitrator immediately, but no later than 24 hours, about his/her selection7. 7 Article 15.6(a) revised by Amendment as of June 18, 2014 by action of the Joint Administrative Committee.
(b) Upon receipt of said notice, the Arbitrator named above shall set and hold a hearing within twenty-four (24) hours if it is contended the violation still exists.
(c) The Arbitrator shall notify the parties by facsimile, telegram or any other effective written means, of the place and time he or she has chosen for expedited arbitrationthis hearing. Said hearing shall be completed in one session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an Award by the Arbitrator.
(d) The sole issue at the arbitration hearing shall be whether or not a violation of this Article has in fact occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 three (3) hours after the close end of the hearing, and may be issued without an opinionOpinion. If any party desires an opinionOpinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, of the award. The arbitrator Arbitrator may order cessation of the violationviolation of this Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award may be enforced by any court of competent jurisdiction upon the filing of this PLA and all other appropriate reliefrelevant documents referred to herein above in the following manner. Facsimile or expedited mail or personal service of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator’s award as issued under Section 6 of this Article, including, but not limited all parties waive the right to monetary damages, in an amount not to exceed $3,500 per daya hearing and agree that such proceedings may be ex parte. Such award agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The Court’s order or orders enforcing the Arbitrator’s Award shall be final and binding served on all parties. parties by hand or by delivery to their last known address by registered mail.
(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance therewith, are hereby waived by parties to whom they accrue.
(g) The fees and expenses of the arbitrator Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent. found in violation, or in the event no violation is found, such fees and expenses shall be borne by the moving party.
(h) If the arbitrator Arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout work stoppage has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance accordance with this Article.Section
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement CWA, there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its any applicable Local local Union or by any employeeworker, and there shall be no lockout by the Contractor. Failure of any Union, Local local Union or employee worker to cross any picket line established at the project site is a violation of Covered Project sites violates this Article.
Section 2. The Union and its every applicable Local local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee worker shall engage in activities which that violate this Article. Any employee worker who participates in or encourages any activities which interfere that interferes with the normal operation of the project operations on a Covered Project, shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its any applicable Local Union shall be liable for acts of employees workers for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/his or her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/his or her office to cause the employees workers the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Community Workforce Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement CWA, there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its any applicable Local local Union or by any employeeworker, and there shall be no lockout by the Contractor. Failure of any Union, Local local Union or employee worker to cross any picket line established at the project site is a violation of Covered Project sites violates this Article.
Section 2. The Union and its every applicable Local local Union shall not sanction sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at activityat the Contractor’s Contractors project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee worker shall engage in activities which that violate this Article. Any employee worker who participates in or encourages any activities which interfere that interferes with the normal operation of the project operations on a Covered Project, shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project for a period of not less than ninety (90) days.
Section 3. Neither the Union nor its any applicable Local Union shall be liable for acts of employees workers for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his/his or her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/his or her office to cause the employees workers the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.
Section 4. If any party to this Agreement believes a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator shall have no authority to consider any justification, explanation or mitigation for such violation. The arbitrator’s award shall be issued in writing within 24 hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Community Workforce Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union Unions or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the project Project site is a violation of this Article.
Section 2. The Union and its applicable Local Union Unions shall not sanction sanction, aid or abet, encourage or continue any work stoppagestoppage , strike, picketing or other disruptive activity at the Contractor’s project site or any site of a contractor or supplier necessaryfor the performance of work at the project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which whic h violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project Project shall be subject to disciplinary action, including dischargedischarge , and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project Project for a period of not less than ninety thirty (9030) days.
Section 3. Neither the Union nor its applicable Local Union The Unions shall not be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct instruct, order and use the best efforts of his/her his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.and
Section 4. If any Any party to this Agreement believes alleging a violation of this article has occurred, that party may submit their claim as a grievance under Article 7, step 4, for expedited arbitration. The sole issue at the arbitration hearing shall be whether or not a violation breach of this Article occurredshall have the right to petition a court for temporary and permanent injunctive relief. The arbitrator shall have no authority to consider any justificationparties agree that the moving party, explanation or mitigation for such violation. The arbitrator’s award upon proving a breach of this Agreement, shall be issued in writing within 24 hours after the close of the hearing, entitled to temporary and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation, and any other appropriate permanent injunctive relief, including, but not limited to monetary damages, in an amount not to exceed $3,500 per day. Such award shall be final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. If the arbitrator determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours of receipt of the award, direct all of the employees they represent on the projects to immediately return to work. If the arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.
Appears in 1 contract
Samples: Project Labor Agreement