Common use of WORK STOPPAGES AND LOCKOUTS Clause in Contracts

WORK STOPPAGES AND LOCKOUTS. 1. There shall be no strikes, picketing, work stoppages, slowdowns, or other disruptive activity for any reason by the Union, its applicable Local Union, or employees against any Contractor covered under this Agreement, and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or nonsignatory, or any other organization at or in proximity to the project site is a violation of this Article. 2. The Contractor may discharge any employee violating Section 1 above. The Contractor and the Union shall take all steps necessary to obtain compliance with this Article, and neither shall be held liable for conduct for which it is not responsible. 3. If the Contractor contends that any Union has violated this Article, it will telegraph or fax the International President(s) of the Local Union(s) involved, the Council, and TVA, with copies to the Presidents of the Local Unions involved advising them of the fact. The Interna- tional 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 violation of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. 4. Any party may institute the following procedure in lieu of or in addition to any other action at law or equity when a breach of Section 1 above is alleged: a. A party invoking this procedure shall notify the arbitrator named in Article II, Section O. In the event that this arbitrator is unavailable at any time, the parties shall select an alternate as specified below. Notice to the arbitrator shall be by the most expeditious means available with notice by telegram to the party alleged to be in vio- lation and to TVA and the Council if it is a Union that is alleged to be in violation. If the arbitrator is not available, the parties shall obtain the current list of permanent arbitrators used by the Coun- cil and TVA under their General Agreement covering annual em- ployment and select an arbitrator from that list. The parties shall alternatively strike names from that list until only one name re- mains. The arbitrator whose name remains shall hear this matter. b. Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within 24 hours if it is con- tended that the violation still exists, but not before 24 hours after the telegraph notice to the International President(s) required by Section 3 above. c. The arbitrator shall notify the parties by telegram or fax of the place and time he/she has chosen for this hearing. Said hearing shall be completed in one session which, with appropriate re- cesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by all parties. A failure of any party or parties to attend said hearings 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, explana- tion, or mitigation of such violation, or to award damages, which issue is reserved for Court proceedings, if any. The Award shall be issued in writing within three hours after the close of the hear- ing 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 ar- bitrator may order cession of the violation of this Article and other appropriate relief, 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 jurisdic- tion upon the filing of this Agreement and all other relevant docu- ments referred to hereinabove in the following manner. Telegraphic or fax 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 4- 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 a hearing for a final order of enforcement. The Court’s order or orders enforcing the arbitra- tor’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail. f. Any rights created by statute or law governing arbitration pro- ceedings inconsistent with the above procedure or which inter- fere 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’ re- spondent. 5. Procedures contained in Article VII shall not be applicable to any al- leged violation of this Article, with the single exception that any em- ployee discharged for violation of Section 1 above may resort to the procedures of Article VII to determine only if he or she was, in fact, en- gaged in that violation.

WORK STOPPAGES AND LOCKOUTS. Section 1. There shall be no strikes, picketing, work stoppages, slowdowns, or other disruptive activity for any reason (including but not limited to disputes relating to the negotiation or renegotiation of the local collective bargaining agreements that serve as the basis for the Schedule A’s, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes) by the Union, its applicable Local Union, Union or employees working under this Agreement against any Contractor covered under this AgreementAgreement on the Project, and there shall be no lockout by the any Contractor. Failure of any Union or employee employed under this Agreement to cross any picket line established by any Union, signatory or nonsignatorynon-signatory to this Agreement, or by any other organization or individual, where such picket line is directed at the Project or a Contractor or employer working on the Project, resulting in proximity the failure of one or more employees employed under this Agreement to the project site engage in Project Work as directed by his/her Contractor or other disruption of Project Work, is a violation of this Article. 2. The Contractor may discharge any employee violating Section 1 above. The Prime Contractor and the Union shall take all steps necessary to obtain compliance with this Article, Article and neither shall be held liable for conduct for which it is not responsible. 3. (a) If the a Contractor contends that any Union has violated this Article, Section 3 of Article VIII, or the provisions of Article XIX, Section 4, it will telegraph or fax notify in writing the International President(s) Secretary- Treasurer of the Local Union(s) involved, the Council, and TVA, with copies to the Presidents Senior Executive of the Local Unions involved advising them Union(s), and the Prime Contractor. The Secretary-Treasurer and the leadership of the fact. The Interna- tional President or Presidents involved Union(s) will immediately instruct, order, and use the their best efforts of his/her office to cause the Local cessation of any violation of this Article. (b) If the Union or Unions contends that any Contractor has violated this Article, it will notify the Contractor and the Prime Contractor setting forth the facts that the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 4. The Prime Contractor shall promptly order the involved Contractor(s) to cease any violation of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. 4Section 3. Any party to this Agreement may institute the following procedure procedure, in lieu of or in addition to any other action at law or equity equity, when a breach of Section 1 above 1, above, or Section 3 of Article VIII is alleged: a. A (a) The party invoking this procedure shall notify Xxxxxx Xxxxxx, whom the parties agree shall be the permanent arbitrator named in Article II, Section O. under this procedure. In the event that this the permanent arbitrator is unavailable at any time, Xxxx Xxxxx shall be appointed the parties alternate, or, if he is unavailable, he shall select appoint an alternate as specified belowalternate. Notice to the arbitrator shall be by the most expeditious means available available, with notice by telegram notices to the party party(ies) alleged to be in vio- lation violation and to TVA and the Council if it is a Union that is alleged to be in violation. If the arbitrator is not availableFor purposes of this Article, the parties shall obtain the current list of permanent arbitrators used written notice may be given by the Coun- cil telegram, facsimile, hand delivery, or overnight mail and TVA under their General Agreement covering annual em- ployment and select an arbitrator from that list. The parties shall alternatively strike names from that list until only one name re- mains. The arbitrator whose name remains shall hear this matterwill be deemed effective upon receipt. b. (b) Upon receipt of said notice, the arbitrator named above or his/her his alternate shall sit and hold a hearing within 24 twenty-four (24) hours if it is con- tended contended that the violation still exists, but not before 24 sooner than twenty-four (24) hours after the telegraph notice has been dispatched to the International President(sCouncil’s Secretary-Treasurer and the Senior Executive(s) as required by Section 3 2(a), above. c. (c) The arbitrator shall notify the parties by telegram or fax of the place and time he/she has chosen for this hearing. Said hearing shall be completed in one session session, which, with appropriate re- cesses recesses at the arbitrator’s discretion, shall not exceed 24 twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party or parties to attend said hearings shall not delay the hearing of evidence or the issuance of any Award award by the arbitrator. d. (d) The sole issue at the hearing shall be whether or not a violation of Section 1 above 1, above, or of Section 3 of Article VIII has in fact occurred, and the . The arbitrator shall have no authority to consider any matter in justification, explana- tionexplanation, or mitigation of such violation, violation or to award damagesdamages (except as set forth in Section 6, below) which issue is reserved for Court court proceedings, if any. The Award award shall be issued in writing within three (3) hours after the close of the hear- ing hearing, and may be issued without an Opinionopinion. If any party desires an Opiniona written opinion, one shall be issued within 15 fifteen (15) days, but its issuance shall not delay compliance with with, or enforcement of of, the Awardaward. The ar- bitrator arbitrator may order cession cessation of the violation of this the Article and other appropriate relief, and such Award award shall be served on all parties by hand or registered mail upon issuance. e. (e) Such Award award shall be final and binding on all parties and may be enforced by any Court court of competent jurisdic- tion jurisdiction upon the filing of this Agreement and all other relevant docu- ments documents referred to hereinabove herein above in the following manner. Telegraphic or fax Written notice of the filing of such enforcement proceedings shall be given to the other party. In the any judicial proceeding to obtain a temporary order enforcing the arbitrator’s Award award as issued under Section 4- d 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such Agreement agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The Courtcourt’s order or orders enforcing the arbitra- torarbitrator’s Award award shall be served on all parties by hand or by delivery to their last known address as shown on this Agreement or in Schedule A’s (for a Union), as shown on their business contract for work under this Agreement (for a contractor), and to the representing Union (for an employee), by registered mailcertified mail by the party(ies) first alleging the violation. f. (f) Any rights created by statute or law governing arbitration pro- ceedings proceedings inconsistent with the above procedure or which inter- fere interfere with compliance hereto are hereby waived by the parties to whom they accrue. g. (g) The fees and expenses of the arbitrator shall be equally divided between the moving party or parties initiating this procedure and the respondent party or parties’ re- spondent. Section 4. MHDC is a party in interest in all proceedings arising under this Article and Articles VII and VIII and its designated representative shall be sent contemporaneous copies of all notifications required by these Articles. Section 5. Procedures contained If the arbitrator determines in Article VII accordance with Section 3(d) above that a work stoppage has occurred, the respondent Union shall, within eight (8) hours of receipt of the award, direct all the employees it represents on the Project to return immediately to work. If the craft involved does not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator’s award, and the respondent Union has not complied with its obligation immediately to instruct, order, and use its best efforts to cause a cessation of the violation and a return to work of the employees it represents, then the respondent Union shall pay a sum as liquidated damages to the Contractor, and shall pay an additional sum per shift for each shift thereafter on which the craft has not returned to work. Similarly, if the arbitrator determines in accordance with Section 3(d) above that a lockout has occurred, the respondent Contractor shall, within eight (8) hours of receipt of the award, return all of the affected employees to work on the Project, or otherwise correct the violation as found by the arbitrator. If the respondent Contractor does not take such action by the beginning of the next regularly scheduled shift following the eight (8) hour period, the respondent Contractor shall pay a sum as liquidated damages to the affected Union(s) (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as appropriate and designated by the arbitrator) and shall pay an additional sum per shift thereafter in which compliance by the respondent Contractor has not been completed. The arbitrator shall retain jurisdiction to determine compliance with this Section and to establish the appropriate sum of liquidated damages, which shall not be applicable to any al- leged violation of this Article, with the single exception that any em- ployee discharged less than ten thousand dollars ($10,000.00) nor more than twenty-five thousand dollars ($25,000.00) for violation of Section 1 above may resort to the procedures of Article VII to determine only if he or she was, in fact, en- gaged in that violationeach shift.

WORK STOPPAGES AND LOCKOUTS. 1. There During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions or any other disruptive activity activities directed at or in connection with Covered Work for any reason by the Union, its applicable Local Union, Union or employees against by any Contractor covered under this Agreementemployee, and there shall be no lockout by the Contractor. -11- Failure of any Union or employee to cross any picket line established by any Union, signatory or nonsignatory, or any other organization at or in proximity to the project site of Covered Work is a violation of this Article. 2. The Contractor may discharge any employee violating Section 1 above. The Contractor and the Union shall take not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the site of Covered Work and shall undertake all steps necessary possible means to obtain compliance with this Article, and neither prevent or to terminate any such activity. No employee shall be held liable for conduct for engage in activities which it is not responsible. 3. If the Contractor contends that any Union has violated this Article, it will telegraph or fax the International President(s) of the Local Union(s) involved, the Council, and TVA, with copies to the Presidents of the Local Unions involved advising them of the fact. The Interna- tional 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 violation of violate this Article. An International Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work shall be subject to disciplinary action, including discharge. The Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. 4employees for which it has no responsibility. Any party may institute the following procedure in In lieu of or in addition to any other action at law or equity equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of Section 1 above paragraphs 1, 2, and/or 3 of this Article is alleged: a. A (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the arbitrator named in Article II, Section O. parties agree shall be the permanent Arbitrator under this procedure. In the event that this arbitrator the permanent Arbitrator is unavailable at any time, the parties he shall select an alternate as specified belowappoint his alternate. Notice to the arbitrator Arbitrator shall be by the most expeditious means available available, with notice by telegram to the party alleged to be in vio- lation and to TVA violation and the Council if it is a involved International Union that is alleged to be in violation. If the arbitrator is not available, the parties shall obtain the current list of permanent arbitrators used by the Coun- cil and TVA under their General Agreement covering annual em- ployment and select an arbitrator from that list. The parties shall alternatively strike names from that list until only one name re- mains. The arbitrator whose name remains shall hear this matterPresident. b. (b) Upon receipt of said notice, the arbitrator Arbitrator named above or his/her his alternate shall sit set and hold a hearing within 24 twenty-four (24) hours if it is con- tended contended that the violation still exists, but not before 24 hours after the telegraph notice to the International President(s) required by Section 3 above. c. (c) The arbitrator Arbitrator shall notify the parties by telegram or fax of the place and time he/she he has chosen for this hearing. Said hearing shall be completed in one session which, with appropriate re- cesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by all partiessession. A failure of any party or to parties to attend said hearings hearing shall not delay the hearing of evidence or the issuance of any Award an award by the arbitratorArbitrator. d. (d) The sole issue at the hearing shall be whether or not a violation of Section 1 above has paragraphs 1, 2 and/or 3 of this Article has, in fact occurredfact, occurred and the arbitrator Arbitrator shall have no authority to consider any matter in justification, explana- tion, explanation or mitigation of such violation, violation or to award damages, which . Any issue concerning damages is reserved for Court court proceedings, if any. The Award award shall be issued in writing within three (3) hours after the close of the hear- ing hearing and may be issued without an Opinionopinion. If any party desires an Opinionopinion, one shall be issued within 15 fifteen (15) days, but its issuance shall not delay compliance with with, or enforcement of the Award. The ar- bitrator Arbitrator may order cession cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. e. (e) Such Award may be enforced by any Court court of competent jurisdic- tion jurisdiction upon the filing of this Agreement and all other relevant docu- ments documents referred to hereinabove in the following manner. Telegraphic or fax notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a an temporary order enforcing the arbitratorArbitrator’s Award as issued under Section 4- d paragraph 4(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 a hearing for a final order of enforcement. The Courtcourt’s order or orders enforcing the arbitra- torArbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail. f. (f) Any rights created by statute or law governing arbitration pro- ceedings proceedings inconsistent with the above procedure or which inter- fere interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue. g. (g) The fees and expenses of the arbitrator Arbitrator shall be divided equally divided between the moving party or parties and the party or parties’ re- spondentparties respondent. 5. Procedures contained in Article VII shall not be applicable to any al- leged violation of this Article, with the single exception that any em- ployee discharged for violation of Section 1 above may resort to the procedures of Article VII to determine only if he or she was, in fact, en- gaged in that violation.

WORK STOPPAGES AND LOCKOUTS. 1. There 22.1 During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdowns, slowdowns or other disruptive activity disruption of work, including sympathy strikes, for any reason by the Union, its applicable Local Union, Union or employees against by any Contractor covered under this Agreementassociate, and there shall be no lockout by the ContractorCompany. 22.2 No associate shall engage in activities which violate this article. Failure of Any associate who participates in or encourages any such activities shall be subject to immediate disciplinary action, including discharge. 22.3 The Union shall not sanction, aid or employee to cross abet, encourage, condone, ratify or continue any picket line established by any Unionstrike, signatory or nonsignatorypicketing, work stoppage, slowdown, or other activity disruptive of work in violation of the Agreement at any other organization at Company facility and shall, without delay, undertake to prevent or terminate any such activity. 22.4 In the event of an allegation of a sympathy strike action in proximity to the project site is a violation of Sections 1 or 3 of this Article. 2. The Contractor may discharge any employee violating Section 1 above. The Contractor and the Union shall take all steps necessary to obtain compliance with this Article, and neither shall be held liable for conduct for which it is not responsible. 3. If the Contractor contends that any Union has violated this Article, it will telegraph or fax the International President(s) of the Local Union(s) involved, the Council, and TVA, with copies to the Presidents of the Local Unions involved advising them of the fact. The Interna- tional 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 violation of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. 4. Any either party may institute the following procedure in lieu of or in addition to any other action at law or equity when a breach of Section 1 above is allegedprocedure: a. A a) The aggrieved party invoking shall not be required to resort to the grievance or arbitration procedures of this procedure shall notify the arbitrator named in Article II, Section O. In the event that this arbitrator is unavailable at any timeAgreement. Rather, the parties shall select an alternate as specified below. Notice aggrieved party may institute a special arbitration proceeding regarding such violation by written notice to the arbitrator shall be by the most expeditious means available with notice by telegram other party and to the party alleged to be in vio- lation Federal Mediation and to TVA and the Council if it is a Union that is alleged to be in violationConciliation Service. If the arbitrator is not available, the parties shall obtain the current list of permanent arbitrators used by the Coun- cil and TVA under their General Agreement covering annual em- ployment and select an arbitrator from that list. The parties shall alternatively strike names from that list until only one name re- mains. The arbitrator whose name remains shall hear this matter. b. Upon receipt of said written notice, the Federal Mediation and Conciliation Service shall immediately appoint an arbitrator named above or his/her alternate shall sit and hold who is a hearing member of the National Academy of Arbitrators to hear the matter within 24 hours if it is con- tended that the violation still exists, but not before 24 twenty-four (24) hours after their appointment. The fee and other expenses of the telegraph notice to arbitrator in this regard shall be shared equally by the International President(s) required by Section 3 aboveCompany and the Union. c. The b) Within twenty-four (24) hours of their appointment, the arbitrator shall notify the parties by telegram or fax written notice of the place and time he/she has they have chosen for this the hearing. Said hearing shall be completed in one session which, with appropriate re- cesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by all partiessession. A failure of any party or parties to attend said hearings hearing shall not delay the hearing of evidence or the issuance of any Award by the arbitratorhearing. d. c) The sole issue at the hearing shall be whether or not a sympathy strike action in violation of Section Sections 1 above or 3 hereof has in fact occurred, and the occurred or is occurring. The arbitrator shall have no authority to consider any matter in justification, explana- tion, explanation or mitigation of such violation. If the arbitrator does in fact find a violation, they shall issue a cease-and-desist order with respect to such violation and order such other relief as they may deem appropriate to terminate such violation promptly. d) The award shall be served on all parties to this Agreement by hand or to award damagesregistered mail upon issuance by the arbitrator and shall be final and binding upon the Company, which issue is reserved for Court proceedings, if anythe Union and the associates. The Award award shall be issued in writing within three (3) hours after the close of the hear- ing hearing and may be issued without an Opinionopinion. If any party desires an Opinionopinion, one shall be issued within 15 fifteen (15) days, but its issuance shall not delay compliance with with, or enforcement of of, the Award. The ar- bitrator may order cession of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuanceaward. e. e) Such Award award may be enforced by any Court court of competent jurisdic- tion jurisdiction upon the filing of this Agreement and all other relevant docu- ments documents referred to hereinabove in the following mannerhere and above. Telegraphic or fax Prompt written notice of the filing initiation of such enforcement proceedings proceeding shall be given to the other party. In the proceeding . 22.5 The procedures contained in Section 4 hereof shall be applicable only to obtain a temporary order enforcing the arbitrator’s Award as issued under Section 4- d alleged sympathy strike actions alleged to be in violation of Sections 1 or 3 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 arbitra- tor’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mailarticle. f. Any rights created by statute or law governing arbitration pro- ceedings inconsistent with the above procedure or which inter- fere 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’ re- spondent. 5. Procedures contained in Article VII shall not be applicable to any al- leged violation of this Article, with the single exception that any em- ployee discharged for violation of Section 1 above may resort to the procedures of Article VII to determine only if he or she was, in fact, en- gaged in that violation.