Common use of Continuity of Service to the Public Clause in Contracts

Continuity of Service to the Public. It is recognized that the parties are engaged in rendering a public service and that they will comply with all applicable valid rules, regulations and orders of duly constituted public regulatory bodies or governmental authorities. The parties contract that nothing contained in this Agreement shall be construed to conflict or be inconsistent or incompatible with such rules, regulations or orders. During the term of this Agreement, neither the Union nor its members shall call, sanction, assist, engage in any strike, slow-down or stoppage of VTA work, operations or service, or in any manner sanction, assist or engage in any restrictions or limitations of the work, operations, or service of VTA. The Union will require its members to perform their services for VTA when required by VTA to do so except for a refusal by VTA to abide by the terms of the arbitration or grievance procedure of this Agreement. Refusal of employees to cross a primary picket line of another employer, if approved by the Central Labor Council, shall not be cause for discipline nor construed as a violation of the Agreement. During the term of the Agreement, VTA shall not cause or permit any lockout of any of its employees. SECTION 24 - ASSIGNABILITY This Agreement shall be binding upon the successors and assignees of the parties hereto, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto. This Agreement shall not be affected, modified, altered or changed in any respect whatsoever by any change of any kind of the ownership or management of either party hereto or by any change, geographical or otherwise in the location or place of business of either party hereto.

Continuity of Service to the Public. It The Los Angeles Department of Water and Power (hereinafter referred to as LADWP or Department) is recognized that the parties are engaged in rendering a public service services requiring continuous operations that are necessary to maintain the health and that they will comply with all applicable valid rules, regulations and orders safety of duly constituted public regulatory bodies or governmental authoritiesthe Department's customers. The parties contract that nothing contained obligation to maintain these public services is imposed upon the Department and the Service Employees International Union (SEIU), Local 721, (hereinafter referred to as Union) during the term of this Memorandum of Understanding (MOU) and the certification of the Union as the exclusive representative of the employees in this Agreement shall be construed to conflict or be inconsistent or incompatible with such rules, regulations or ordersrepresentation unit. During the term of this AgreementAgreement and during negotiations of successor MOUs the Department agrees that there will be no lockout. The curtailing of operations in whole or part for operational or economic reasons shall not be construed as a lockout. The Union agrees on behalf of itself and the employees represented by it that there are legal restrictions imposed by law regarding strikes and other types of concerted actions, neither and in recognition of that fact agrees that there will be no authorized concerted failure to report to work, cessation or interruption of work, slowdown, strike, or boycott or any type of organized or concerted interference, expressed or implied, direct, indirect, coercive or otherwise, with the Department's business. The Union nor its members agrees that, should any such acts be committed by any employee or employees, it will openly and publicly denounce and discourage said acts and work with the Department to affect the cessation of said acts. It is mutually understood and agreed that the Department has the absolute right to impose discipline for proper cause and, in that regard, shall callhave the right to take disciplinary action for proper cause, sanctionincluding discharge, assist, engage against any employee who participates in any manner in any strike, slowwork stoppage, slowdown, sick-down out or stoppage of VTA work, operations any other concerted refusal to work or service, for failure to report for work or who participates in any manner sanction, assist or engage in any restrictions picketing in support of a strike, work stoppage, work slowdown or limitations of the work, operations, or service of VTAany other concerted action. The Union will require its members to perform their services for VTA when required by VTA to do so except for a refusal by VTA to abide by the terms of the arbitration or grievance procedure provisions of this Agreement. Refusal of employees Article are additional to cross a primary picket line of another employer, if approved by the Central Labor Council, and shall not be cause for discipline nor construed as a violation detract in any way from the restrictions imposed by law on strikes and other types of the Agreement. During the term of the Agreement, VTA shall not cause or permit any lockout of any of its work stoppage by public employees. SECTION 24 - ASSIGNABILITY This Agreement Additionally, the Union agrees that should the aforementioned legal restrictions on strikes and work stoppage be removed, the provisions of this Article shall be binding upon the successors and assignees of the parties hereto, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed remain in any respect whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto. This Agreement shall not be affected, modified, altered or changed in any respect whatsoever by any change of any kind of the ownership or management of either party hereto or by any change, geographical or otherwise in the location or place of business of either party heretoeffect.