Common use of Maintenance of Operations Clause in Contracts

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the Township’s departments and agencies is of paramount importance to the citizens of the community, and that there should be no interference with such operation. B. The Union covenants and agrees that during the term of this Agreement, neither the Union or any person acting in its behalf will cause, authorize or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment), work stoppage, slowdown, walk-out or other job action against the Township. C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown or other activity aforementioned including but not limited to, publicly disavowing such action and directing all such members who participate in such activities to cease and desist from same immediately and to return to work, along with such other steps as may be necessary under the circumstances, and to bring about compliance with its order. D. In the event of a strike, slowdown, walk-out or job action, it is covenanted and agreed that participation in any such activity by the Union shall entitle the Township to take appropriate disciplinary action including possible discharge in accordance with applicable law. E. Nothing contained in the Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the Union or its members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the TownshipCity’s departments and agencies is of paramount importance to the citizens of the community, community and that there should be no interference with such operationoperations. B. The Union covenants and agrees agree that during the term of this Agreement, neither the Union or nor any person acting in its behalf will cause, authorize authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment), work stoppage, slowdown, walk-out or other job action against the Township.members C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown or other activity aforementioned including but not limited toactivities aforementioned, or support any such action by any other employee or group of employees of the City, and that the Union will publicly disavowing disavow such action and directing order all such members who participate in such activities to cease and desist from same immediately and to return to work, along with and take such other steps as may be necessary under the circumstances, and circumstances to bring about compliance with its the Union’s order. D. In the event of a strike, slowdown, walk-out work stoppage or job actionother activity aforementioned, it is covenanted and agreed that participation in any such activity by the Union any employee covered under this Agreement shall entitle the Township City to take appropriate any disciplinary action up to and including possible discharge in accordance with applicable lawtermination of the employment of such employee or employees. E. Nothing contained in the this Agreement shall be construed to limit or restrict the Township City in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Union or its members. F. The City covenants and agrees that there will be no lockout of employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and continued, uninterrupted operation operations of the Township’s departments 's Departments and agencies Agencies is of paramount importance to the citizens of the community, and community that there should be no interference with such operationoperations. B. The Union Association covenants and agrees that during the term of this Agreement, agreement neither the Union or Association nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in, in any strike (i.e., the concerted failure to report for duty, or willful absence of any an employee from his position, or a stoppage of work or abstinence absence in whole or in part, part from the full, faithful and proper performance of the employee’s 's duties of employment), ) work stoppage, slowdownslow down, walk-out walkout or other job action against the Township. C. The Union Association agrees that it will do everything in its power make every reasonable effort to prevent its members from participating in any strike, work stoppage, slowdown slow down or other activity aforementioned including but not limited to, to publicly disavowing such action and directing all such members who participate in such activities to cease and desist from same immediately and to return to work, work along with such other steps as may be necessary under the circumstances, and to bring about compliance with its order. D. In the event of a strike, slowdownslow down, walk-walk out or job action, it is covenanted and agreed that participation in any such activity by the Union shall entitle the Township to take appropriate disciplinary action including possible discharge in accordance with applicable law.that E. Nothing contained in the Agreement agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in at law or in equity for an injunction for damages or damages, or both, both in the event of such breach by the Association or members, of the Union or its membersthis Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the TownshipCity’s departments and agencies is of paramount importance to the citizens of the community, community and that there should be no interference with such operationoperations. B. The Union covenants and agrees that during the term of this Agreement, neither the Union or nor any person acting in its behalf will cause, authorize authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., i.e. the concerted failure to report for duty, duty or willful absence of any an employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment), work stoppage, slowdownslow-down, walk-out walkout or other job action against the TownshipCity. The Union agrees that such action would constitute a material breach of this Agreement. C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, strike work stoppage, slowdown slow down or other activity aforementioned including but not limited toactivities aforementioned, or support any such action by any other employee or group of employees of the City, and that the Union will publicly disavowing disavow such action and directing order all such members who participate in such activities to cease and desist from same immediately and to return to work, along with and take such other steps as may be necessary under the circumstances, and circumstances to bring about compliance with its the Union’s order. D. In the event of a strike, slowdownslow down, walk-out work stoppage or job actionother activity aforementioned, it is covenanted and agreed that participation in any such activity by the Union any employee covered under this Agreement shall entitle the Township City to take appropriate disciplinary action up to and including possible discharge in accordance with applicable lawtermination of the employment of such employee or employees. E. Nothing contained in the this Agreement shall be construed to limit or restrict the Township City in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Union or its members. F. The City covenants and agrees that there will be no lockout of employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the Township’s departments and agencies is of paramount importance to the citizens of the community, and that there should be no interference with such operation. B. The Union Association covenants and agrees that during the term of this Agreement, neither the Union or any person acting in its behalf Association will not cause, authorize authorize, or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or willful absence of any employee an Employee from his position, or stoppage of work or abstinence in whole while or in part, from the full, faithful and proper performance of the employee’s Employee's duties of employment), ) work stoppage, slowdown, walk-out walkout, or other job action against the TownshipCity. In the event the Association or any Association member takes part in any strike, or activity aforementioned, the Association agrees that such action will constitute a material breach of this Agreement, as to any parties taking part therein. C. B. The Union Association agrees that it will do everything in its power take or cause to be taken reasonable and prompt procedures and actions to prevent its members from participating in any strike, work stoppage, slowdown slowdown, or other activity aforementioned including but not limited to, aforementioned. The Association actions will include publicly disavowing such action activities and directing ordering all such members who participate in such activities to cease and desist from same immediately and to return to work, work along with such other steps steps, if any, as may be necessary under the circumstances, and to bring about compliance with its ordernecessary. D. C. In the event of a strike, slowdown, walk-out walkout, or job action, it is covenanted and agreed that participation in any such activity by the Union an Association member shall entitle the Township to take appropriate be deemed grounds for disciplinary action action, including possible discharge in accordance with applicable lawtermination of employment of such Employee or Employees. E. D. Nothing contained in the Agreement herein shall be construed to limit or restrict the Township City or the Association in its their right to seek and obtain such judicial relief as it they may be entitled to have in law or in equity for injunction or damages, or both, in the event of such a breach of by the Union Association, its members or its membersthe City.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the TownshipCity’s departments and agencies is of paramount importance to the citizens of the community, community and that there should be no interference with such operationoperations. B. The Union covenants and agrees that during the term of this Agreement, neither the Union or nor any person acting in its behalf will cause, authorize authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, duty or willful absence of any an employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment), work stoppage, slowdown, walk-out walkout or other job action against the TownshipCity. The Union agrees that such action would constitute a material breach of this Agreement. C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown or other activity aforementioned including but not limited toactivities aforementioned, or support any such action by any other employee or group of employees of the City, and that the Union will publicly disavowing disavow such action and directing order all such members who participate in such activities to cease and desist from same immediately and to return to work, along with and take such other steps as may be necessary under the circumstances, and circumstances to bring about compliance with its the Union’s order. D. In the event of a strike, slowdown, walk-out work stoppage or job action, it is covenanted and agreed that participation in any such other activity by the Union shall entitle the Township to take appropriate disciplinary action including possible discharge in accordance with applicable law.aforementioned, E. Nothing contained in the this Agreement shall be construed to limit or restrict the Township City in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Union or its members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the Township’s City's departments and agencies is of paramount importance to the citizens of the community, community and that there should be no interference with such operationoperations. B. The Union covenants and agrees that during the term of this Agreement, neither the Union or nor any person acting in its behalf will cause, authorize authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, duty or willful absence of any an employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s 's duties of employment), work stoppage, slowdown, walk-out walkout or other job action against the TownshipCity. The Union agrees that such action would constitute a material breach of this Agreement. C. The Union agrees that it will do everything in its power to prevent its members member from participating in any strike, work stoppage, slowdown or other activity aforementioned including but not limited to, publicly disavowing such action and directing all such members who participate in such activities to cease and desist from same immediately and to return to work, along with such other steps as may be necessary under the circumstances, and to bring about compliance with its order.activities D. In the event of a strike, slowdown, walk-out work stoppage or job actionother activity aforementioned, it is covenanted and agreed that participation in any such activity by the Union any employee covered under this agreement shall entitle the Township City to take appropriate any disciplinary action up to and including possible discharge in accordance with applicable lawtermination of the employment of such employee or employees. E. Nothing contained in the this Agreement shall be construed to limit or restrict the Township City in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Union or its members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Maintenance of Operations. A. It is recognized that the need for continued and uninterrupted operation of the TownshipBorough’s departments Departments and agencies Agencies is of paramount importance to .to the citizens of the community, community and that there should be no interference with such operationoperations. B. The Union covenants and agrees that during the term of this Agreement, neither the Union or nor any person acting in its behalf behalf, will cause, authorize authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from form his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s employee duties of employment), work stoppage, slowdown,, walk-out walkout or other job action against the TownshipBorough. The Union agrees that such action would constitute a material breach of this Agreement. C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown or other activity aforementioned including but not limited toactivities aforementioned, or support any such action by any other employee or group of employees of the Borough, and that the Union will publicly disavowing disavow such action and directing order all such members who that participate in such activities to cease and desist from same immediately and to return to work, along with and take such other steps as may be necessary under the circumstances, and circumstances to bring about compliance with its the Union’s order. D. In the event of a strike, slowdown, walk-out work stoppage, or job actionother activity aforementioned, it is covenanted and agreed that participation in any such activity by the Union any employee covered under this Agreement shall entitle the Township Borough to take appropriate any disciplinary action up to and including possible discharge in accordance with applicable lawtermination of the employment of such employee or employees. E. Nothing contained in the this Agreement shall be construed to limit or restrict the Township Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of by the Union or its members.

Appears in 1 contract

Sources: Collective Bargaining Agreement