Common use of WORK STOPPAGES AND LOCKOUTS Clause in Contracts

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employee, except for non-payment of wages and fringe benefits when due, and there shall be no lockout by the Employer. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-payment of wages or fringe benefits, the Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities that violate this Article. Any employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs or other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered. It is further agreed that in addition to actual damages, the affected contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no not be, and the Union shall not sanction, strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employeeEmployee, except for non-non- payment of wages and fringe benefits when due, and there shall be no lockout by the EmployerContractor. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-payment of wages or fringe benefits, the The Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's Contractor’s site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee Employee shall engage in activities that violate this Article. Any employee Employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs or outs, other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered, but such damages shall in no event be less than $10,000.00 per day, which amount is an agreed minimum liquidated damage and not a penalty. It is further agreed that in addition to actual or liquidated damages, the affected contractor Contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees Employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no not be, and the Union shall not sanction, strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employeeEmployee, except for non-payment of wages and fringe benefits when due, and there shall be no lockout by the EmployerContractor. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-non- payment of wages or fringe benefits, the Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's Contractor’s site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee Employee shall engage in activities that violate this Article. Any employee Employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs or outs, other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered, but such damages shall in no event be less than $10,000.00 per day, which amount is an agreed minimum liquidated damage and not a penalty. It is further agreed that in addition to actual or liquidated damages, the affected contractor Contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees Employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no not be, and the Union shall not sanction, strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downsslowdowns, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employeeEmployee, except for non-payment of wages and fringe benefits when due, and there shall be no lockout by the EmployerContractor. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-payment of wages or fringe benefits, the The Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downsslowdowns, sick-sick- outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's Contractor’s site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee Employee shall engage in activities that violate this Article. Any employee Employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downsslowdowns, sick-outs or outs, other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered, but such damages shall in no event be less than $10,000.00 per day, which amount is an agreed minimum liquidated damage and not a penalty. It is further agreed that in addition to actual or liquidated damages, the affected contractor Contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employee, except for non-payment of wages and fringe benefits when due, and there shall be no lockout by the Employer. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-non- payment of wages or fringe benefits, the Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities that violate this Article. Any employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs or other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered. It is further agreed that in addition to actual damages, the affected contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no not be, and the Union shall not sanction, strikes, sympathy strikes, picketing, work stoppages, work interruption, slow slow-downs, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employeeEmployee, except for non-payment of wages and fringe benefits when due, and there shall be no lockout by the EmployerContractor. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-non- payment of wages or fringe benefits, the Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow slow- downs, sick-outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's Contractor’s site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee Employee shall engage in activities that violate this Article. Any employee Employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow slow-downs, sick-outs or outs, other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered, but such damages shall in no event be less than $10,000.00 per day, which amount is an agreed minimum liquidated damage and not a penalty. It is further agreed that in addition to actual or liquidated damages, the affected contractor Contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees Employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. During the term of this Agreement, there shall be no not be, and the Union shall not sanction, strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, other disruptive activities, including, but not limited to destruction of equipment, for any reason by the Union or by the employeeEmployee, except for non-payment of wages and fringe benefits when due, and there shall be no lockout by the EmployerContractor. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-payment of wages or fringe benefits, the The Union shall not sanction, aid or abet, encourage or continue any strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, or other disruptive activities, including, but not limited to destruction of equipment, at any Employer's Contractor’s site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee Employee shall engage in activities that violate this Article. Any employee Employee who participates in or encourages any activities that interfere with the normal operation of the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs or outs, other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages suffered, but such damages shall in no event be less than $10,000.00 per day, which amount is an agreed minimum liquidated damage and not a penalty. It is further agreed that in addition to actual or liquidated damages, the affected contractor Contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The Union shall not be liable for acts of employees Employees for which it has no responsibility. The failure of the Employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. In a case of work stoppages, the Union shall have eight (8) hours to resolve the issue before penalties are assessed.

WORK STOPPAGES AND LOCKOUTS. Section SECTION 1: Work interruptions prohibited. During the term of this Agreement, there There shall be no strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs, slowdowns or other disruptive activities, including, but not limited to destruction of equipment, activity for any reason by the Union or by the employee, except for non-payment of wages and fringe benefits when dueemployees against any Contractor covered under this Agreement, and there shall be no lockout by any Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non-signatory, or any other organizations, at or in proximity to the EmployerProject site is a violation of this Article. It shall not be a violation of this Article for the Union, after three (3) business day’s written notice to the General Contractor, to direct the employees of a Contractor to engage in a work stoppage where such Contractor has refused to pay the wages provided in Article X. Such a work stoppage shall not include picketing or otherwise disrupt work on the Project and shall cease upon payment. SECTION 2. The work shall continue uninterrupted as assigned by the Contractor. Section 2: Union shall not sanction work interruptions. With the exception of non-payment of wages or fringe benefits, the Union shall not sanction, aid or abet, encourage or continue any strikesstrike, sympathy strikesslow-down, boycott, secondary boycott, picketing, work stoppageslockout, work interruption, slow downs, sick-outssympathy strike, or interruption or other disruptive activities, including, but not limited to destruction disruption of equipment, or interference with the work covered by this Agreement at any Employer's the General Contractor’s Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities that violate this Article. Any employee who participates in Any SECTION 3. The principal officer or encourages any activities that interfere with officers of a Union will immediately instruct, order and use the normal operation best efforts of his office to cause the project shall be subject to disciplinary action, including discharge. In the event such practices are committed or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs or other disruptive activities, including, but not limited to destruction of equipment, occur, employees whom the Union and represents to cease any other person or entity committing, aiding or abetting such practices shall be liable to the affected Contractor for all actual damages sufferedviolations of this Article. It is further agreed that in addition to actual damages, the affected contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. The A Union complying with this obligation shall not be liable for unauthorized acts of employees for which it has no responsibilityrepresents. The failure of the Employer General Contractor to exercise its rights right in any instance shall not be deemed a waiver of its rights right in any other instance. SECTION 4. In the event of any strike, slow-down, boycott, secondary boycott, picketing, lockout, sympathy strike, or interruption or other disruption of or interference with the work in violation of this Article, the General Contractor may suspend all or any portion of the Project work affected by such activity at the General Contractor’s discretion and without penalty, and General Contractor shall have the right to obtain labor from any source. SECTION 5. There shall be no strike, slow-down, boycott, secondary boycott, picketing, lockout, sympathy strike, or interruption or other disruption of or interference with the work affecting the Project site during the term of this Agreement. Any Union or Local Union, which is in violation of this Article, agrees as a case remedy for said violation, to pay liquidated damages in accordance with Section 6. SECTION 6. In lieu of, or in addition to any other action in law or equity, any party may institute the following procedure when a breach of work stoppagesSection 1, above, is alleged after the Union has been notified of the fact: (a) A party invoking this procedure shall notify the Arbitrator, whom the parties agree shall act as the permanent Arbitrator under this procedure. Notice to the Arbitrator shall be by telephone and fax with notices by telephone, fax, and United Parcel Service Overnight Express Mail to the party alleged to be in violation. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violations still exist. (c) The Arbitrator shall notify the parties by telephone and fax of the place and time he has chosen for this hearing. Said hearing shall be completed in one session which, with appropriate recesses at the Arbitrator's discretion, and shall not exceed 24 hours unless otherwise agreed upon by all parties. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or the issuance of any award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, has in fact occurred, and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violations or to award damages, which issue is reserved for court proceedings, if any. The Arbitrator’s Award shall be issued in writing within three (3) 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 Arbitrator’s Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or fax and by certified mail, return receipt requested, upon issuance. (e) Such Award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner: Telephonic and fax notice of the filing of such enforcement proceeding shall be given to the other parties. In the proceeding to obtain a temporary order enforcing the Arbitrator's Award as issued under Section 6(d) of 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 the hearing for a final order of enforcement or in any contempt proceeding. The Court's order or orders enforcing the Arbitrator's Award shall be served on all parties by hand or be delivered to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be equally divided between the moving party or parties and the party or parties' respondent. (h) If the Arbitrator determines that a violation has occurred in accordance with Section 3(d) above, the Union shall have and the applicable Local Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to resolve immediately return to work. If all involved do not return to work by the issue before penalties are assessedbeginning of the next regularly scheduled shift following receipt of the Arbitrator’s award, and the Unions and/or its applicable Local Union(s) have not complied with Section 3 of this Article, then the Union and/or Local Unions shall pay the sum of Ten Thousand Dollars ($10,000.00) as liquidated damages to the General Contractor, and shall pay an additional Ten Thousand Dollars ($10,000.00) per shift for each shift thereafter on which the trade has not returned to work. The Arbitrator shall retain jurisdiction to determine compliance with this Section. (i) It is the responsibility of each Local Union, Contractor and subcontractor to keep on file with the General Contractor an address or operating fax number to which notices under this Article may be sent. Any Local Union, Contractor or subcontractor failing to do so hereby waives its right to claim that it did not receive proper or timely notice of any action taken by any party or Arbitrator pursuant to this Article. SECTION 7. The procedures contained in Section 3 of this Article shall be applicable to alleged violations of this Article. Procedures contained in Article VIII shall not be applicable to any alleged violations of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article VIII to determine only if he was, in fact, engaged in that violation.

WORK STOPPAGES AND LOCKOUTS. Section 1: Work interruptions prohibited. 6.1 During the term of this Agreement, there shall be no strikesstrike, sympathy strikesstrike, picketing, slowdown, withholding of work, refusal to work, walk-off, sit-down, stand-in, wobble, boycott, handbilling directed at this Project, bannering, disruptive activity or other work stoppages, work interruption, slow downs, sick-outs, other disruptive activities, including, but not limited to destruction stoppage of equipment, any kind for any reason by the Union or by the employee, except for non-payment of wages and fringe benefits when duereason, and there shall be no lockout by the EmployerEmployers. The There shall be no interference with work shall continue uninterrupted as assigned by on the ContractorProject that is excluded from the coverage of this Agreement. It is agreed, however, that the Employers may lay off employees for lack of work, or in the event that a strike, picketing or other work stoppage impedes the work of the Project. Section 2: Union shall not sanction work interruptions. With the exception of non-payment of wages or fringe benefits, the Union 6.2 The Unions shall not sanction, aid or abet, encourage or continue any strikesstrike, sympathy strikesstrike, picketing, work stoppagesslowdown, work interruptionwithholding of work, slow downsrefusal to work, sickwalk-outsoff, sit-down, stand-in, wobble, boycott, handbilling directed at this Project, bannering, disruptive activity or other disruptive activitieswork stoppage of any kind for any reason or interference with work on the Project that is excluded from the coverage of this Agreement, including, but not limited to destruction of equipment, at any Employer's site and they shall undertake all reasonable means measures necessary to prevent or to terminate any such activityactivity and effectively induce its members to cross the picket line and report to work as scheduled and that responsible representatives of the Unions who are employed on the Project will also do so themselves. No employee shall engage in activities that which violate this Article. Any employee who participates in or encourages any activities that interfere with the normal operation of the project violate this Article shall be subject to disciplinary action, including dischargeimmediate discharge and shall become ineligible for rehire on the Project. In the event such practices are committed Discharge or such strikes, sympathy strikes, picketing, work stoppages, work interruption, slow downs, sick-outs discipline for violation of this Article or other disruptive activities, including, but not limited to destruction of equipment, occur, the Union and any other person or entity committing, aiding or abetting such practices this Agreement shall be liable to considered sufficient “cause” under the affected Contractor for all actual damages suffered. It is further agreed that in addition to actual damages, the affected contractor shall be entitled to consequential and incidental damages as well as all associated costs including attorney’s fees. Master Labor Agreements. 6.3 The Union shall not be liable for acts of employees for which it has no responsibility. The business manager(s) of the respective Union(s) will immediately instruct, order and use the best efforts of his office to cause the employees the Union represents to cease any violations of this Article. The principal officer or officers of a Union will immediately instruct, order and use the best efforts of his office to cause the employees the Union represents to cease any violations of this Article. A Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Employer to exercise its rights right in any instance instances shall not be deemed a waiver of its rights right in any other instance. In a case of . 6.4 The Union(s) agrees that if any union or any other persons, whether parties to this Agreement or otherwise, engage in any picketing or work stoppages, the signatory Unions shall consider such work stoppage or picketing to be illegal, and refuse to honor such picket line or work stoppage. 6.5 In the event of any work stoppage, strike, sympathy strike, picketing interference with the work or other disruptive activity in violation of this Article, the Employer may suspend all or any portion of the Project work affected by such activity at the Employer’s discretion and without penalty. 6.6 In lieu of, or in addition to, any other action at law or equity, any party may institute the following procedure when a breach of this Article is alleged, after the Union(s) and/or local union(s) has been notified of the fact. 6.6.1 The party invoking this procedure shall notify ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ or ▇▇▇▇ ▇▇▇▇▇, whom the parties to this Agreement agree shall be the permanent Arbitrators under this procedure. In the event that any of the permanent Arbitrators is unavailable at any time, the American Arbitration Association shall select an alternative arbitrator within twenty-four (24) hours of notice. Notice to the Arbitrator shall be by the most expeditious means available, with notice by fax or electronic means or any other effective written means, to the party alleged to be in violation and the involved International Union President, and or local Union. 6.6.2 Upon receipt of said notice the Arbitrators named above shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. 6.6.3 The Arbitrator shall notify the parties by fax or electronic means or any other effective written means, of the place and time the Arbitrator has chosen for this hearing. The hearing shall be completed in one session. A failure of any party or parties to attend the hearing shall not delay the hearing of evidence or issuance of an Award by the Arbitrator. 6.6.4 The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred. The Award shall be issued in writing within three (3) 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 of this Article, and the Award shall be served on all parties by hand, fax or other electronic means upon issuance. 6.6.5 The Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein in the following manner. Notice of the filing of such enforcement proceedings shall be given to the other party or parties by fax or other electronic means. In the proceeding to obtain a temporary order enforcing the Arbitrator’s Award as issued under Section 6.6.4 of 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 order of enforcement. The Court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by fax or other electronic means. 6.6.6 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 the parties to whom they accrue. 6.6.7 The fees and expenses of the Arbitrator shall be borne by the party or parties found in violation, or in the event no violation is found, such fees and expenses shall be borne by the moving party. 6.7 The procedures contained in Section 6.6 shall be applicable to alleged violations of this Article. Disputes alleging violation of any other provision of this Agreement, including any underlying disputes alleged to be in justification, explanation or mitigation of any violation of this Article, shall be resolved under the grievance procedures of Article 8. 6.8 Notwithstanding the provisions of Section 6.1 above, it is agreed that, with seventy-two (72) hours prior notice to the Primary Employer, a Union retains the right to withhold the services of its members from a particular contractor or subcontractor who fails with respect to work on the Project to make timely payments to the Union’s benefit plans, or fails to timely pay its weekly payroll for work on the Project, in accordance with its agreements with the Union; provided, however, that in the event the Union or any of its members withholds their services from such contractor or subcontractor, Primary Employer shall have the right to replace such contractor or subcontractor with any other contractor or subcontractor who executes the Agreement to be Bound. 6.9 In the event that any applicable labor agreement expires and the parties to that agreement fail to reach agreement on a new contract by the date of expiration, a Union shall have eight (8) hours continue to resolve provide employees to the issue before penalties are assessedEmployers working on the Project under all the terms of the expired agreement until a new agreement is negotiated, at which time all terms and conditions of that new agreement shall be applied to Covered Work at the Project, except to the extent they conflict with any provision of this Agreement. In addition, if the new labor agreement provides for wage or benefit increases and a retroactivity provision relating to the payment of wage rates or benefits, then any Employer shall pay to its employees who performed Covered Work at the Project during the hiatus between the effective dates of such labor agreements, an amount equal to any such wage and benefit increases established by the new labor agreement for such work performed.