Common use of WORK STOPPAGES AND LOCKOUTS Clause in Contracts

WORK STOPPAGES AND LOCKOUTS. ‌ 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 site is a violation of this Article.‌ 4.2. 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.‌ 4.3. 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. 4.4. No Union shall be liable for independent acts of employees. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of 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 C/S/E to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.

WORK STOPPAGES AND LOCKOUTS. ‌ 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 site is a violation of this Article.‌Article. 4.2. 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.‌days. 4.3. 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. 4.4. No Union shall be liable for independent acts of employees. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of 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 C/S/E to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.

WORK STOPPAGES AND LOCKOUTS. ‌ 4.16.1. During the term of this Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns slowdowns, interference with the work or other disruptive activity at the Project site for any reason by the Union, its applicable Local Union or by any employee, employee and there shall be no lockout by the Contractorany Employer. 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. 4.26.2. The Union and its applicable Local Union shall not sanction, aid or abet, encourage or continue any work stoppage, strike, sympathy 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 Union employee shall engage in activities which violate this ArticleSection. Any employee who participates in or encourages any such 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 this Project for a period or another project of not less than ninety (90) days.‌Owner. 4.36.3. The Unions agree that they Union shall not sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Project sitebe liable for acts of employees for which it has no responsibility. If any Union is notified The business manager 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 immediately instruct, order and use the best efforts of his office to cause the Union to cease such Project work disruption. 4.4. No Union shall be liable for independent acts any violations of employeesthis Article. The principal officer or officers of a Local the Union will immediately instruct, order and use the best efforts of 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 C/S/E Employer to exercise its right in any instance instances shall not be deemed a waiver of its right in any other instance. 6.4. The Union 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 at the Project site 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. 6.5.1. There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, interference with the work, or other disruptive activity at the Project site during the term of this Agreement. Any 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 which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 6.6.8. 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 has been notified of the fact. 6.6.1. The party invoking this procedure shall notify Xxxxxxx Xxxxxxx, Xxxxxxx X. Xxxxxxx, or Xxxxxx Brand who the parties to this Agreement agree shall be the permanent Arbitrators under this procedure. In the event that all of the permanent Arbitrators are unavailable at any time, the Federal Mediation and Conciliation Service shall appoint 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. The parties may by mutual agreement amend the above list of permanent Arbitrators. 6.6.2. Upon receipt of said notice any of the Arbitrators named above shall set and hold a hearing within 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 he has chosen for this 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. 6.6.4. The sole issue at the hearing shall be whether or not a violation of this Article 6 has in fact occurred. The Award shall be issued in writing within 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 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 by the Union, and such Award shall be served on all parties by hand, by fax, by email, or overnight mail upon issuance. 6.6.5. 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. The fax or electronic notice 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 6.6.4, 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 registered mail. 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. 6.6.8. If the Arbitrator determines that a violation has occurred in accordance with Section 6.6.4, the party or parties found to be in violation shall pay as liquidated damages, the following amounts: for the first shift in which the violation occurred, $15,000; for the second shift, $20,000; for the third shift, $25,000; for each shift thereafter on which the craft has not returned to work, $25,000 per shift. The Arbitrator shall retain jurisdiction to determine compliance with this section and this Article. 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 Section, 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 48 hour prior notice to the Owner, a Union retains the right to withhold the services of its members from a particular contractor or subcontractor who fails to make timely payments to the Union’s benefit plans, or fails to timely pay its weekly payroll, 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, Owner shall have the right to replace such contractor or subcontractor with any other contractor or subcontractor who executes the Agreement to be Bound. No Union shall withhold the services of its members under this provision without first giving Owner and the individual contractor or subcontractor alleged to be delinquent in its benefit fund payments notice as provided in the applicable trust fund agreement, but in no case less than two (2) weeks’ notice, and an opportunity to cure the delinquency by tendering payment to the relevant trust funds. Owner shall have the option to issue joint checks to the contractor and the trust fund(s) until the delinquency is satisfied. No employee shall be required to work for any contractor who fails to make timely payments; however, employees of other contractors shall continue to work without interruption. Nothing herein shall obligate the Owner to pay any benefits fund contributions including alleged delinquent contributions, to the relevant trust fund or any other person or entity. 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, the Union shall continue to provide employees to the Employers working at 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, 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.

WORK STOPPAGES AND LOCKOUTS. ‌ 4.16.1. During the term of this Agreement 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 Union or by any employee, and there shall be no lockout by the Contractorany Employer. Failure of any Union, Local Union or employee to cross any picket line established at the Project Employer’s project site is a violation of this Article.‌Article. 4.26.2. 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 shall be subject to disciplinary action, including discharge, and and, if justifiably discharged for the above reasons, shall not be eligible for rehire on the Project same project for a period of not less than ninety one hundred and eighty (90180) days.‌days. 4.36.3. The Unions agree that they Union 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. 4.4. No Union shall be liable for independent acts of employeesemployees for which it has no responsibility. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of 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 C/S/E Employer to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 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 to said Employer. 6.5.1. There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, interference with the work, or other disruptive activity, affecting the Project site during the term of this Agreement. Any 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 which is in violation of this Article agrees, as a remedy for said violation, to pay liquidated damages in accordance with Section 6.6.8 of this Article. 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 Xxxxxx Brand or Xxx Xxxxxx, who the parties to this agreement agree shall be the permanent Arbitrators under this procedure. In the event that either 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 he has chosen for this 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. 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 by the Union, and such Award shall be served on all parties by hand or registered mail upon issuance. 6.6.5. 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. The fax or electronic notice 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 6.6.4 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 registered mail. 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. 6.6.8. If the Arbitrator determines that a violation has occurred in accordance with Section 6.6.4 above, the party or parties found to be in violation shall pay as liquidated damages the following amounts: for the first shift in which the violation occurred, $20,000; for the second shift, $25,000; for the third shift, $30,000; for each shift thereafter on which the craft has not returned to work, $30,000 per shift. The Arbitrator shall retain jurisdiction to determine compliance with this section and this Article. 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 forty-eight (48) 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 to make timely payments to the Union’s benefit plans or fails to timely pay its weekly payroll in accordance with its agreements with the Union; provided, however, that in the event the Union or any of its members withhold 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. No employee shall be required to work for any contractor who fails to timely pay its weekly payroll; however, employees of other contractors shall continue to work without interruption. For the avoidance of doubt, as long as a contractor is making weekly payroll payments, disputes over the amount of pay owed to members is a matter to be addressed under Article 8 below, and the unions shall not withhold the services of its members from a particular contractor over a dispute in the amount of pay owed. 6.9. It will not be a violation of this Agreement when the Employer considers it necessary to shut down to avoid the possible loss of human life because of an emergency situation that could endanger the life and safety of an employee. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Employer requests employees to wait in a designated area available for work, the employees will be compensated for the waiting time. 6.10. 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 continue to provide employees to the Employers 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, 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.

WORK STOPPAGES AND LOCKOUTS. ‌ 4.1Section 1. During the term of this Agreement Agreement, there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Council, the Union, its applicable any affiliated Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of the Council, any Union, Union or Local Union or employee to cross any picket line established at the Project site is a violation of this Article.‌Article and may result in the immediate termination of said employee and/or Signatory Union from the Project. 4.2Section 2. The Union and its applicable affiliated Local Union Unions 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 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.‌. 4.3Section 3. The Unions All parties agree that they shall not sanction, aid in the event that a Union or abet, encourage Local Union initiates or continue any participates in a work stoppage, strike, picketing or other disruptive activity at in violation of this Article, or recognizes or supports the Project site. If any Union is notified of any offsite work stoppage, strike, picketing or other disruptive activity by the of another 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. 4.4. No Union shall be liable for independent acts of employees. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his office to cause the employees the Local Union represents to cease any violations which is in violation of this Article, the Contractor will have the right to seek an immediate injunction from the appropriate court. Section 4. A Local Union complying with this obligation within two business days shall not be liable for unauthorized acts Disputes alleging violation of employees it represents. The failure of the C/S/E to exercise its right in any instance shall not be deemed a waiver of its right in any other instanceprovision 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 adjudication procedures set forth in Article XII.