Common use of NO CESSATION OF WORK Clause in Contracts

NO CESSATION OF WORK. It is mutually agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, or stoppage of work in any dispute, complaint, or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, or grievances as arise out of the failure or refusal of any Individual Employer to comply with the provisions of Sections 3A (Union Security) and 3B (Employment) hereof or whenever an Individual Employer pays workers improperly with checks which do not clear for collection. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified herein, so long as such failure or refusal continues it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee shall be entitled to claim or receive any wages or other compensation for any period during which he has been so withdrawn or refused to perform any work.

Appears in 3 contracts

Sources: Laborers Memorandum Traffic Control/Highway Improvement Agreement, Labor Agreement, Traffic Control/Highway Improvement Agreement

NO CESSATION OF WORK. It is mutually agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, or stoppage of work in any dispute, complaint, or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, or grievances as arise out of the failure or refusal of any Individual Employer to comply with the provisions of Sections the hiring clause, Section 3A (Union Security) or 3B hereof, or as permitted under Section 28B and 3B (Employment) C hereof or whenever an Individual Employer pays workers Laborers improperly with checks which do not clear for collection. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified herein, so long as such failure or refusal continues it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee shall be entitled to claim or receive any wages or other compensation for any period during which he he/she has been so withdrawn or refused to perform any work.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

NO CESSATION OF WORK. 131. It is mutually agreed and understood that during the period when this Agreement is in force and effect, effect neither the Union or Employer nor any Local Union Individual Employer will authorize any lockout and no Individual Employer will lock out his employees and the union will not authorize any strike, slow-down, or stoppage of stop work in any dispute, complaint, complaint or grievance arising under the terms and conditions of this Agreement, except where such disputes, complaints, complaints or grievances concern the interpretation, application or compliance with any provision(s) of this Agreement pertaining to the following: A. Failure to issue negotiable payroll checks. B. Failure to pay established travel pay. Said travel pay shall be paid at the same time and under the same conditions as arise out payroll. C. Failure to comply with the provisions of Article II, Paragraphs 8 and 9 of this Agreement. D. Failure to comply with the failure provisions of Article VI and VIII of this Agreement (Employer Payments to Trust Funds, Credit Union and Employee Check- Off Plan). E. Failure or refusal of any the Employer or Individual Employer to comply with the provisions decisions of Sections 3A (Union Security) and 3B (Employment) hereof Joint Conference Board or whenever an Individual Employer pays workers improperly with checks which do not clear for collection. arbitrator F. As to any such Individual Employer who shall fail or refuse to comply with the provisions of the sections specified hereinthese paragraphs, or any of them so long as such failure or refusal continues continues, it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members employees who are subject hereto from the performance of any work for of such Individual Employer, Employer and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee employees shall be entitled to claim or receive any wages or other compensation for any period during which he has been so withdrawn or refused to perform any workexcept as provided in Article VI of the Agreement.

Appears in 1 contract

Sources: Labor Agreement

NO CESSATION OF WORK. It is mutually agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, or stoppage of work in any dispute, complaint, or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, or grievances as arise out of the failure or refusal of any Individual Employer to comply with the provisions of Sections the hiring clause, subsection 3A (Union Security) or B hereof, or as permitted under Section 28B and 3B (Employment) C hereof or whenever an Individual Employer pays workers improperly with checks which do not clear for collection. As to any Individual If Employer who shall fail or refuse to comply with the provisions of the sections specified herein, so long as such failure or refusal continues it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee shall be entitled to claim or receive any wages or other compensation for any period during which he he/she has been so withdrawn or refused to perform any work.

Appears in 1 contract

Sources: Landscape/Irrigation Site Work Agreement

NO CESSATION OF WORK. It is mutually agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-slow down, or stoppage of work in any dispute, complaint, or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, or grievances as arise out of the failure or refusal of any Individual Employer to comply with the provisions of Sections the hiring clause, Section 3A (Union Security) or B hereof, or as permitted under Section 28B and 3B (Employment) C hereof or whenever an Individual Employer pays workers Laborers improperly with checks which do not clear for collection. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified herein, so long as such failure or refusal continues it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee shall be entitled to claim or receive any wages or other compensation for any period during which he he/she has been so withdrawn or refused to perform any work.

Appears in 1 contract

Sources: Master Agreement

NO CESSATION OF WORK. It is mutually agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, or stoppage of work in any dispute, complaint, or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, or grievances as arise out of the failure or refusal of any Individual Employer to comply with the provisions of Sections 3A (Union Security) and 3B (Employment) hereof or whenever an Individual Employer pays workers improperly with checks which do not clear for collection. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified herein, so long as such failure or refusal continues it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee shall be entitled to claim or receive any wages or other compensation for any period during which he has been so withdrawn or refused to perform any work.

Appears in 1 contract

Sources: Labor Agreement

NO CESSATION OF WORK. It is mutually agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, or stoppage of work in any dispute, complaint, or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, or grievances as arise out of the failure or refusal of any Individual Employer to comply with the provisions of Sections the hiring clause, Section 3A (Union Security) or B hereof, or as permitted under Section 28B and 3B (Employment) C hereof or whenever an Individual Employer pays workers Laborers improperly with checks which do not clear for collection. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified herein, so long as such failure or refusal continues it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Union, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer, and such refusal for such period shall not be a violation of this Agreement. Any employees so withdrawn or refusing to perform any work as herein provided shall not lose their status as employees, but no such employee shall be entitled to claim or receive any wages or other compensation for any period during which he he/she has been so withdrawn or refused to perform any work.

Appears in 1 contract

Sources: Landscape/Irrigation Site Work Agreement

NO CESSATION OF WORK. It is mutually understood and agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, slowdown or stoppage of work in any dispute, complaint, complaint or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, complaints or grievances as arise out of the failure or refusal of any Employer and Individual Employer to comply with the provisions of Sections 3A (Union Security) and the hiring clause, Section 3B (Employment) hereof hereof, or whenever an Individual Employer pays workers improperly with checks which do not clear for collection. the provisions of Section 8A, B, C, D, or E. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified hereinthose sections, so long as such failure or refusal continues continues, it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, Employer and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, complaint or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Unionunion, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual EmployerEmployer and such refusal shall not be a violation of this Agreement. In the event the Board of Trustees of a Fund into which the Individual Employer is required to pay determines that an Individual Employer is delinquent in the making of any payments required by Section 3B, C, or E, thereof, it shall not be in violation of this Agreement so long as such delinquency continues, if the Union withdraws the Employees who are subject hereto from the performance of any work for such Individual Employer and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employee of an Individual Employer should be withdrawn pursuant to any similar clause in any agreement between the Collective Bargaining Representative of the Employer and any other union, the Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer and such refusal for such period shall not be a violation of this Agreement. Any employees Employee so withdrawn or refusing to perform any work as herein provided shall not lose their his status as employees, Employee but no such employee Employee shall be entitled to claim or receive any wages or other compensation for any period during which he has been so withdrawn or refused to perform any work. (A) No Employee covered hereby may be discharged by any Individual Employer for refusing to cross a picket line established by an International Union affiliated with the Building and Construction Trades Department of the AFL-CIO or a Local Union thereof, or the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America or a Local Union thereof, which picket line has been authorized or sanctioned by the Local Building and Construction Trades Council having jurisdiction over the area in which the job is located, after the Individual Employer involved has been notified and has had an opportunity to be heard. Said notice shall be in writing and mailed to the Individual Employer involved at his address. This Section shall not apply to jurisdictional disputes.

Appears in 1 contract

Sources: Cement Masons Master Agreement

NO CESSATION OF WORK. It is mutually understood and agreed and understood that during the period when this Agreement is in force and effect, the Union or any Local Union will not authorize any strike, slow-down, slowdown or stoppage of work in any dispute, complaint, complaint or grievance arising under the terms and conditions of this Agreement, except such disputes, complaints, complaints or grievances as arise out of the failure or refusal of any Employer and Individual Employer to comply with the provisions of Sections 3A (Union Security) and the hiring clause, Section 3B (Employment) hereof hereof, or whenever an Individual Employer pays workers improperly with checks which do not clear for collection. the provisions of Section 8A, B, C, D, or E. As to any Individual Employer who shall fail or refuse to comply with the provisions of the sections specified hereinthose sections, so long as such failure or refusal continues continues, it shall not be a violation of this Agreement if the Union or any Local Union withdraws its members who are subject hereto from the performance of any work for such Individual Employer, Employer and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employees of any Individual Employer should be withdrawn by reason of any dispute, complaint, complaint or grievance arising out of the violation of any similar hiring clause in any agreement between Individual Employer and any other Unionunion, then the Union or any Local Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual EmployerEmployer and such refusal shall not be a violation of this Agreement. In the event the Board of Trustees of a Fund into which the Individual Employer is required to pay determines that an Individual Employer is delinquent in the making of any payments required by Section 3B, C, or E, thereof, it shall not be in violation of this Agreement so long as such delinquency continues, if the Union withdraws the Employees who are subject hereto from the performance of any work for such Individual Employer and such withdrawal for such period shall not be a strike or work stoppage within the terms of this Agreement. In the event that any employee of an Individual Employer should be withdrawn pursuant to any similar clause in any agreement between the Collective Bargaining Representative of the Employer and any other union, the Union may respect such withdrawal and for the period thereof may refuse to perform any work for such Individual Employer and such refusal for such period shall not be a violation of this Agreement. Any employees Employee so withdrawn or refusing to perform any work as herein provided shall not lose their his status as employees, Employee but no such employee Employee shall be entitled to claim or receive any wages or other compensation for any period during which he has been so withdrawn or refused to perform any work. A. No employee covered hereby may be discharged by any Individual Employer for refusing to cross a picket line established by an International Union affiliated with the Building and Construction Trades Department of the AFL-CIO or a Local Union thereof, or the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America or a Local Union thereof, which picket line has been authorized or sanctioned by the Local Building and Construction Trades Council having jurisdiction over the area in which the job is located, after the Individual Employer involved has been notified and has had an opportunity to be heard. Said notice shall be in writing and mailed to the Individual Employer involved at his address. This Section shall not apply to jurisdictional disputes.

Appears in 1 contract

Sources: Master Agreement