Common use of STRIKE OR LOCK-OUT Clause in Contracts

STRIKE OR LOCK-OUT. There shall be no strike or lock-out during the term of this Agreement. Neither the Union nor any of the employees covered by this Agreement will collectively, concertedly or individually induce, engage or participate, directly or indirectly, in any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer’s operation, or interference with the flow of materials or persons in or out of places where the Employer is doing business. The Union agrees to exert every effort through its Local Officers and Representatives to end any unauthorized interruptions of work. The Employer will not lockout any of the employees covered by this Agreement. The parties agree that, in the manner set forth in Articles and they will submit to arbitration all grievances and disputes that may arise between them and any misunderstand- ing as to the meaning or intent of all or any part of this Agreement; provided however, the Employer shall not be required to resort to the grievance and arbitration procedures prior to resorting to other remedies in the event of violation of this Article. In the event notice of modification of this Agreement is given by either party in accordance with Article and agreement is not reached on the terms of a new Agreement, both parties agree to continue work under the terms of this Agreement on a day-to- day basis until such time that either a new Agreement has been reached or the matter has been settled by Arbitration. After one party serves upon the other notice of desire to bargain for a new Collective Agreement, and in the event that the issues remaining in dispute cannot be settled through the negotiation process, the parties shall execute an irrevocable agreement to refer all matters remaining in dispute between them to a Board of Arbitration for final and binding determination in accordance with Section of the Labour Relations Act. Where either party elects to refer the remaining issues in dispute to arbitration, each of the parties shall appoint a nominee of the Board of Arbitration. The two members appointed by the parties shall appoint a third member who shall act as Chairperson. Where the two members fail to agree upon a third member, either party may request the Office of Arbitration to appoint a Chairperson. The Board shall hear the issues in dispute and shall render a decision which will be final and binding upon the parties and upon any employee or Employer affected by it. The decision of the shall be the decision of the Board, but if there is no majority, the decision of the Chairperson shall govern. Each party shall be responsible for the fees and expenses of the appointed by it and shall be jointly responsible for the fees and expenses of the Chairperson.

Appears in 1 contract

Samples: Construction Collective Agreement

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STRIKE OR LOCK-OUT. There shall be no strike or lock-out during the term of this Agreement. Neither the Union nor any of the employees covered by this Agreement will collectively, concertedly or individually induce, engage or participate, directly or indirectly, in any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer’s operation, or interference with the flow of materials or persons in or out of places where the Employer is doing business. The Union agrees to exert every effort through its Local Officers and Representatives to end any unauthorized interruptions of work. The Employer will not lockout any of the employees covered by this Agreement. The parties agree that, in the manner set forth in Articles and they will submit to arbitration all grievances and disputes that may arise between them and any misunderstand- ing misunderstanding as to the meaning or intent of all or any part of this Agreement; provided however, the Employer shall not be required to resort to the grievance and arbitration procedures prior to resorting to other remedies in the event of violation of this Article. In the event notice of modification of this Agreement is given by either party in accordance with Article and agreement is not reached on the terms of a new Agreement, both parties agree to continue work under the terms of this Agreement on a day-to- day basis until such time that either a new Agreement has been reached or the matter has been settled by Arbitration. After one party serves upon the other notice of desire to bargain for a new Collective Agreement, and in the event that the issues remaining in dispute cannot be settled through the negotiation process, the parties shall execute an irrevocable agreement to refer all matters remaining in dispute between them to a Board of Arbitration for final and binding determination in accordance with Section of the Labour Relations Act. Where either party elects to refer the remaining issues in dispute to arbitration, each of the parties shall appoint a nominee of the Board of Arbitration. The two members appointed by the parties shall appoint a third member who shall act as Chairperson. Where the two members fail to agree upon a third member, either party may request the Office of Arbitration to appoint a Chairperson. The Board shall hear the issues in dispute and shall render a decision which will be final and binding upon the parties and upon any employee or Employer affected by it. The decision of the majority shall be the decision of the Board, but if there is no majority, the decision of the Chairperson shall govern. Each party shall be responsible for the fees and expenses of the nominee appointed by it and shall be jointly responsible for the fees and expenses of the Chairperson.

Appears in 1 contract

Samples: Construction Collective Agreement

STRIKE OR LOCK-OUT. There shall The Union agrees that there will be no strike or lock-out during the term terms of this Agreement. Neither the Union nor , and accordingly, should any or all of the employees covered by this Agreement take such action, the Union will collectivelydeclare the action to be in violation of this Agreement and require the employees involved to return to work and perform usual duties. Where individuals in a labour dispute, concertedly or individually induceother than those in the bargaining unit, engage or participatein a strike and maintain picket lines, directly or indirectlyand where employees of the bargaining unit could suffer personal harm, in any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer’s operation, or interference with the flow of materials or persons in or out of places where the Employer is doing businesswill endeavour to safeguard such employees, there will be no lockout. Agreement Strike and lockout bear the used in the Ontario Labour Relations Act. Article REPRESENTATION The Union Employer agrees to exert every effort through its Local Officers and Representatives to end any unauthorized interruptions recognize a Committee consisting of work. The Employer will not lockout any more than six (6 )elected members of the employees covered by this Agreement for the purposes of the negotiation and administration of this Agreement. The parties agree that, aforementioned committee shall not suffer any loss negotiating meetings up including conciliation. but not beyond. This Committee may be enlarged at any time by the addition of a representative of the Union when dealing with the Employer. The Employer agrees to recognize stewards including the Chief Xxxxxxx for the purpose ofassisting employees in presenting grievances to the manner as set forth in Articles and they will submit to arbitration all grievances and disputes that may arise between them and any misunderstand- ing as to the meaning or intent of all or any part of this Agreement; provided however. These stewards, who will beelectedor appointed from amongst theemployees in the Employer bargaining unit, will each represent a segment of the bargaining unit as listed in It is understood and agreed a xxxxxxx has regular duties as an employee to perform and that if it is to investigate a grievance or attend a grievance hearing during working not work without first obtaining the permission of Foreperson which shall not be required unreasonably withheld. The xxxxxxx shall report again to resort Foreperson at the time of return to work. The Union shall notify the grievance and arbitration procedures prior to resorting to other remedies Employer in writing of the event names of violation of this Article. In the event notice of modification of this Agreement is given by either party in accordance with Article and agreement is not reached on the terms of a new Agreement, both parties agree to continue work under the terms of this Agreement on a day-to- day basis until such time that either a new Agreement has been reached or the matter has been settled by Arbitration. After one party serves upon the other notice of desire to bargain for a new Collective Agreementstewards, and in the event that the issues remaining in dispute cannot be settled through the negotiation process, the parties shall execute an irrevocable agreement to refer all matters remaining in dispute between them to a Board of Arbitration for final and binding determination in accordance with Section elected officers of the Labour Union and the effective dates of their elections or appointments. Terms of Reference for Union-Management Relations Act. Where either party elects to refer the remaining issues in dispute to arbitration, each of the parties shall appoint a nominee of the Board of Arbitration. The two members appointed by the parties shall appoint a third member who shall act as Chairperson. Where the two members fail to agree upon a third member, either party may request the Office of Arbitration to appoint a Chairperson. The Board shall hear the issues in dispute and shall render a decision which will be final and binding upon the parties and upon any employee or Employer affected by it. The decision of the shall be the decision of the Board, but if there is no majority, the decision of the Chairperson shall govern. Each party shall be responsible for the fees and expenses of the appointed by it and shall be jointly responsible for the fees and expenses of the ChairpersonCommittee.

Appears in 1 contract

Samples: Collective Agreement

STRIKE OR LOCK-OUT. There shall be no strike or lock-out during the term of this Agreement. Neither the Union nor any of the employees covered by this Agreement will collectively, concertedly or individually induce, engage or participate, directly or indirectly, in any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer’s operation, or interference with the flow of materials or persons in or out of places where the Employer is doing business. The Union agrees to exert every effort through its Local Officers and Representatives to end any unauthorized interruptions of work. The Employer will not lockout any of the employees covered by this Agreement. The parties agree that, in the manner set forth in Articles and they will submit to arbitration all grievances and disputes that may arise between them and any misunderstand- ing as to the meaning or intent of all or any part of this Agreement; provided however, the Employer shall not be required to resort to the grievance and arbitration procedures prior to resorting to other remedies in the event of violation of this Article. In the event notice of modification of this Agreement is given by either party in accordance with Article I and agreement is not reached on the terms of a new Agreement, both parties agree to continue work under the terms of this Agreement on a day-to- day basis until such time that either a new Agreement has been reached or the matter has been settled by Arbitration. After one party serves upon the other notice of desire to bargain for a new Collective Agreement, and in the event that the issues remaining in dispute cannot be settled through the negotiation process, the parties shall execute an irrevocable agreement to refer all matters remaining in dispute between them to a Board of Arbitration for final and binding determination in accordance with Section of the Labour Relations Act. Where either party elects to refer the remaining issues in dispute to arbitration, each of the parties shall appoint a nominee of the Board of Arbitration. The two members appointed by the parties shall appoint a third member who shall act as Chairperson. Where the two members fail to agree upon a third member, either party may request the Office of Arbitration to appoint a Chairperson. The Board shall hear the issues in dispute and shall render a decision which will be final and binding upon the parties and upon any employee or Employer affected by it. The decision of the majority shall be the decision of the Board, but if there is no majority, the decision of the Chairperson shall govern. Each party shall be responsible for the fees and expenses of the nominee appointed by it and shall be jointly responsible for the fees lees and expenses of the Chairperson.

Appears in 1 contract

Samples: Service and Maintenance Collective Agreement

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STRIKE OR LOCK-OUT. There shall The Union agrees that there will be no strike or lock-out during the term terms of this Agreement. Neither the Union nor , and accordingly, should any or all of the employees covered by this Agreement take such action, the Union will collectivelydeclare the action to be in violation of this Agreement and require the employees involved to return to work and perform usual duties. Where individuals in a labour dispute, concertedly or individually induceother than those in the bargaining unit, engage or participatein a strike and maintain picket lines, directly or indirectlyand where employees of the bargaining unit could suffer personal harm, in any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer’s operation, or interference with the flow of materials or persons in or out of places where the Employer is doing businesswill endeavour to safeguard such employees, there will be no lockout. Agreement Strike and lockout bear the used in the Ontario Labour Relations Act. Article REPRESENTATION The Union Employer agrees to exert every effort through its Local Officers and Representatives to end any unauthorized interruptions recognize a Committee consisting of work. The Employer will not lockout any more than six (6 )elected members of the employees covered by this Agreement for the purposes of the negotiation and administration of this Agreement. The parties agree that, aforementioned committee shall not suffer any loss negotiating meetings up including conciliation. but not beyond. This Committee may be enlarged at any time by the addition of a representative of the Union when dealing with the Employer. The Employer agrees to recognize stewards including the Chief Xxxxxxx for the purpose ofassisting employees in presenting grievances to the manner as set forth in Articles and they will submit to arbitration all grievances and disputes that may arise between them and any misunderstand- ing as to the meaning or intent of all or any part of this Agreement; provided however. These stewards, who will beelectedor appointed from amongst theemployees in the Employer bargaining unit, will each represent a segment of the bargaining unit as listed in It is understood and agreed a xxxxxxx has regular duties as an employee to perform and that if it is to investigate a grievance or attend a grievance hearing during working not work without first obtaining the permission of Xxxxxxxxxx which shall not be required unreasonably withheld. The xxxxxxx shall report again to resort Xxxxxxxxxx at the time of return to work. The Union shall notify the grievance and arbitration procedures prior to resorting to other remedies Employer in writing of the event names of violation of this Article. In the event notice of modification of this Agreement is given by either party in accordance with Article and agreement is not reached on the terms of a new Agreement, both parties agree to continue work under the terms of this Agreement on a day-to- day basis until such time that either a new Agreement has been reached or the matter has been settled by Arbitration. After one party serves upon the other notice of desire to bargain for a new Collective Agreementstewards, and in the event that the issues remaining in dispute cannot be settled through the negotiation process, the parties shall execute an irrevocable agreement to refer all matters remaining in dispute between them to a Board of Arbitration for final and binding determination in accordance with Section elected officers of the Labour Union and the effective dates of their elections or appointments. Terms of Reference for Union-Management Relations Act. Where either party elects to refer the remaining issues in dispute to arbitration, each of the parties shall appoint a nominee of the Board of Arbitration. The two members appointed by the parties shall appoint a third member who shall act as Chairperson. Where the two members fail to agree upon a third member, either party may request the Office of Arbitration to appoint a Chairperson. The Board shall hear the issues in dispute and shall render a decision which will be final and binding upon the parties and upon any employee or Employer affected by it. The decision of the shall be the decision of the Board, but if there is no majority, the decision of the Chairperson shall govern. Each party shall be responsible for the fees and expenses of the appointed by it and shall be jointly responsible for the fees and expenses of the ChairpersonCommittee.

Appears in 1 contract

Samples: Collective Agreement

STRIKE OR LOCK-OUT. There shall The Union agrees that there will be no strike or lock-out and the Employer agrees that there will be no lockout during the term of this Agreementagreement. Neither Members have the Union nor any right to decline to perform the normal duties of striking or locked out employees of the employer during a legal strike by another bargaining unit of employees covered of the employer or during any lockout of any other bargaining unit by this Agreement will collectivelythe employer. Where persons in a labour dispute, concertedly or individually induceother than those in the bargaining unit, engage or participatein a strike and maintain picket lines, directly or indirectlyand where members of the bargaining unit could suffer personal harm, in any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer’s operation, or interference with the flow of materials or persons in or out of places where the Employer is doing businesswill endeavour to safeguard such members. Strike and lockout bear the meanings used in the Ontario Labour Relations Act. Article REPRESENTATION The Union Employer agrees to exert every effort through its Local Officers and Representatives to end any unauthorized interruptions recognize an Executive Committee consisting of work. The Employer will not lockout any more than six (6) elected members of the employees members covered by this Agreement, for the purposes of the negotiation and administration of this Agreement. The parties agree thataforementioned committee shall not suffer any loss of pay or benefits during any and all negotiating meetings up to and including conciliation, but not beyond. Either Committee may be enlarged at any time by the addition of a non- university representative of the Union when dealing with the Employer. The Employer agrees to recognize eleven (1 1) stewards including the Chief Xxxxxxx for the purpose of assisting members in presenting grievances to the manner Employer as set forth in Articles and they will submit to arbitration all grievances and disputes that may arise between them and any misunderstand- ing as to the meaning or intent of all or any part of this Agreement; provided however. These stewards, who will be elected or appointed from amongst the members in the bargaining unit, will each represent a segment of the bargaining unit as listed in Appendix It is understood and agreed that a xxxxxxx has regular duties as an employee to perform and that if it is necessary to investigate a grievance or attend a grievance hearing during working hours, the Employer xxxxxxx will not leave work without first obtaining the permission of Supervisor which shall not be required unreasonably withheld. The xxxxxxx shall report again to resort Supervisor at the time of return to work. The Union shall notify the grievance Employer in writing of the names of the stewards, and arbitration procedures prior to resorting to other remedies in elected officers of the event Union and the effective dates of violation their elections or appointments. Terms of this Article. In the event notice of modification of this Agreement is given by either party in accordance with Article and agreement is not reached on Reference for Union-Management Relations Committee The Union-Management Relations Committee will serve to: -administer the terms of the Agreement between Local and the University -address matters outside the Agreement which are of mutual concern. Membership will consist of: For the University Director, Human Resources (Staff Relations) Associated Vice-president, Housing Ancillary Services Director, Hospitality Services Assistant Director Hospitality Services, Cash Operations Vending Services Assistant Director Hospitality Services, Residence Operations Executive Committee Members For the Union President Vice-president Recording Secretary Sergeant-at-Arms Chief Xxxxxxx The Employer will inform the Committee of major amendments to the rules and regulations in Article whenever possible, prior to their implementation. It may be desirable to request persons other than those listed under above to attend for specific discussions. Provided the University agrees to the attendance of a new Agreement, both parties agree to continue work under the terms of this Agreement on a day-to- day basis until such time that either a new Agreement has been reached or the matter has been settled by Arbitration. After one party serves upon the other notice of desire to bargain for a new Collective Agreement, and in the event that the issues remaining in dispute cannot be settled through the negotiation process, the parties shall execute an irrevocable agreement to refer all matters remaining in dispute between them to a Board of Arbitration for final and binding determination in accordance with Section member of the Labour Relations Act. Where either party elects to refer the remaining issues in dispute to arbitrationbargaining unit, each that member will not suffer a loss of the parties shall appoint a nominee of the Board of Arbitrationpay. The two members appointed Committee will meet once per month unless changed by mutual agreement. Agendas of matters for discussion will be exchanged by the parties shall appoint a third member who shall act as Chairperson. Where Union and Management at least five (5) working days prior to the two members fail to agree upon a third member, either party may request the Office of Arbitration to appoint a Chairpersonmeeting. The Board shall hear the issues in dispute University will provide secretarial service and shall render a decision which minutes will be final produced and binding upon the parties and upon any employee or Employer affected by it. The decision distributed to all members within two weeks of the shall be the decision of the Board, but if there is no majority, the decision of the Chairperson shall govern. Each party shall be responsible for the fees and expenses of the appointed by it and shall be jointly responsible for the fees and expenses of the Chairpersoneach meeting.

Appears in 1 contract

Samples: Collective Agreement

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