Common use of NO STRIKES AND NO LOCKOUTS Clause in Contracts

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union to ensure uninterrupted transit service to the public during the life of this Agreement. Accordingly: 1. No employee or Union signatory hereto shall engage in, cause, or encourage any strike, slowdown, picketing, concerted refusal to work, or other interruption of the District’s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and 4. In any case where employee conduct occurs in violation of this Section, the Union will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreement. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written notice, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this Section, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union to ensure uninterrupted transit service to the public during the life of this Agreement. Accordingly: 1. No employee or Union signatory hereto shall engage in, cause, or encourage any strike, slowdown, picketing, concerted refusal to work, or other interruption of the District’s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART BART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and 4. In any case where employee conduct occurs in violation of this Section, the Union will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreement. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written notice, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this Section, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly: 1. No employee or Union signatory hereto shall engage in, cause, cause or encourage any strike, slowdown, picketing, concerted refusal to workwork or other withholding of services, or other interruption of the District’s operations for the duration of this Agreement as a result Agreement. It shall be the responsibility of any labor dispute;the District to ensure safe ingress and egress. 2. The District shall not lockout any employee covered by lock out employees during the term of this Agreement during its term as a result of any labor dispute;Agreement. 3. In any case where employee conduct occurs in violation of this Section, the Union will promptly and actively encourage its members to return to work. 4. If the Union is sued by one or more AFSCME members challenging the legality of this Section, whether or not the District is made a party, the District shall hold the Union harmless concerning any judgment and concerning reasonable costs of defense. 5. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART employee represented by the employee organization in such dispute. For purposes purpose of this Sectionsection, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and 4. In any case where employee conduct occurs in violation of this Section, the Union will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this SectionA, either the District or the Union may seek immediate arbitration before one of the named arbitrators an arbitrator to be selected in accord accordance with the arbitration procedures set forth in this AgreementSection 59 of these provisions. 1. If immediate arbitration is requested, employee(s) shall immediately refrain from the acts and omissions identified in Paragraph A.1 and shall continue to refrain there from pending a decision by the arbitrator selected to decide the issue. 2. The party seeking such arbitration shall use its best efforts to notify the other party and its counsel of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. 3. If notification cannot be accomplished, the party seeking arbitration may select any arbitrator from the list established by the parties to hear the matter in dispute. 4. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this SectionParagraph A. 5. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order (including the ex parte order) to terminate the activities in violation of this SectionParagraph A. An ex parte order may be issued upon the showing of reasonable, thorough, and conscientious efforts to notify the other party and upon reasonable cause. Such award awards shall be binding on both parties and all employees. 6. The expenses of the arbitration shall be borne by the party against whom the award is enteredas provided in Section 59. 7. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be be, the cause of the alleged violation of Paragraph A of this Section A, it shall be referred to the appropriate grievance and and/or arbitration procedure procedures provided under in this Agreement. 8. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionA, said preliminary issue of arbitrability shall be decided by first. 9. It shall be the same arbitrator selected responsibility of the District to hear ensure safe ingress and egress to and from the underlying dispute on the meritsarbitration site. C. Violation of this Section shall be cause for discipline up to and including discharge.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union Unions to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly:, 1. No employee or Union Unions signatory hereto shall engage in, cause, cause or encourage any strike, strike slowdown, picketing, concerted refusal to work, or other interruption of the District’s District‟s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART BART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and. (Reference R. E. ▇▇▇▇▇ Arbitration Award of 7/2/74 for other specifics.) 4. In any case where employee conduct occurs in violation of this Section, the Union Unions will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union Unions may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreementthe appropriate Subunit supplemental provisions. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section 1.6 to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionSection 1.6, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District The Union agrees for itself and the Union to ensure uninterrupted transit service to the public its individual members, that during the life term of this Agreement. Accordingly: 1. No employee or Union signatory hereto shall engage in, causeAgreement none of its officers, or encourage members shall instigate, authorize, call, support, maintain or take part in any strike, slowdownwalk-out, picketingwork stoppage, concerted refusal to curtailment or slow down or impeding of work, boycott picketing of City Hall premises, or other interruption action, which may interrupt or interfere with any of the District’s operations of the City for the duration of this Agreement as a result of any labor dispute; 2reason whatsoever. The District shall not lockout City may terminate the employment or otherwise discipline any employee covered by this Agreement during its term as a result of who foments, instigates, incites, calls, supports or participates in any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved act forbidden in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and 4. In any case where employee conduct occurs in violation of this Section, the Union will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreementparagraph above. The party seeking such arbitration Union agrees that it shall use its best efforts to notify prevent any act(s) forbidden in the other party paragraph above on the part of any employee or group of employees, and that in the event that such an act(s) take place by any employee or group of employees, the association further agrees that it shall use its best efforts to cause an immediate cessation thereof. It is understood and agreed that in the event any act forbidden in the first paragraph of this section was not instigated, authorized, called, supported or maintained by the York Public Employees’ Association, or any of its officers, there shall be no liability on the part of the referral York Public Employees’ Association or any of its officers or members, except those officers or members who participated in any act forbidden by this section, and as to arbitration such officers or members the City of York shall be limited in its recourse and remedy to such actions as it may have against them individually. Nothing in this paragraph shall restrict any right to which the City is or may be entitled to seek legal or other redress of any individual(s) who have caused damage to or injury to or loss of City property nor does the City of York cede any rights in this regard to which it may be entitled by means future legislation. The Union specifically agrees that if at any time there shall occur any act forbidden in the first paragraph of telephone or written noticethis section, delivered that there will at no time be, nor be permitted any interference with the free access and entrance to the principal office City Hall premises of all persons not included in the party against whom the award is being soughtbargaining unit. The question in such arbitration There shall be whether either party or any employee covered no lock-outs by this Agreement has engaged or is engaging in activities in violation the City during the term of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this Section, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union Unions to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly:, 1. No employee or Union Unions signatory hereto shall engage in, cause, cause or encourage any strike, slowdown, picketing, concerted refusal to work, or other interruption of the District’s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART BART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART ▇▇▇▇ and other BART employee organizations; and. (Reference R. E. ▇▇▇▇▇ Arbitration Award of 7/2/74 for other specifics.) 4. In any case where employee conduct occurs in violation of this Section, the Union Unions will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union Unions may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreementthe appropriate Subunit supplemental provisions. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section 1.6 to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionSection 1.6, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union Unions to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly:, 1. No employee or Union Unions signatory hereto shall engage in, cause, cause or encourage any strike, slowdown, picketing, concerted refusal to work, or other interruption of the District’s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART BART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART ▇▇▇▇ and other BART employee organizations; and. (Reference R. E. Burns Arbitration Award of 7/2/74 for other specifics.) 4. In any case where employee conduct occurs in violation of this Section, the Union Unions will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union Unions may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreementthe appropriate Subunit supplemental provisions. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section 1.6 to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionSection 1.6, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly: 1. No employee or Union signatory hereto shall engage in, cause, cause or encourage any strike, slowdown, picketing, concerted refusal to workwork or other withholding of services, or other interruption of the District’s 's operations for the duration of this Agreement as a result Agreement. It shall be the responsibility of any labor dispute;the District to ensure safe ingress and egress. 2. The District shall not lockout any employee covered by lock out employees during the term of this Agreement during its term as a result of any labor dispute;Agreement. 3. In any case where employee conduct occurs in violation of this Section, Union will promptly and actively encourage its members to return to work. 4. If the Union is sued by one or more Supervisory Unit members challenging the legality of this Section, whether or not the District is made a party, the District shall hold the Union harmless concerning any judgment and concerning reasonable costs of defense. 5. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART employee represented by the employee organization in such dispute. For purposes purpose of this Sectionsection, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and 4. In any case where employee conduct occurs in violation of this Section, the Union will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this SectionA, either the District or the Union may seek immediate arbitration before one of the named arbitrators an arbitrator to be selected in accord accordance with the arbitration procedures set forth in this AgreementSection 59 of these provisions. 1. If immediate arbitration is requested, employee(s) shall immediately refrain from the acts and omissions identified in Paragraph A.1 and shall continue to refrain there from pending a decision by the arbitrator selected to decide the issue. 2. The party seeking such arbitration shall use its best efforts to notify the other party and its counsel of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. 3. If notification cannot be accomplished, the party seeking arbitration may select any arbitrator from the list established by the parties to hear the matter in dispute. 4. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this SectionParagraph A. 5. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order (including the ex parte order) to terminate the activities in violation of this SectionParagraph A. An ex parte order may be issued upon the showing of reasonable, thorough, and conscientious efforts to notify the other party and upon reasonable cause. Such award awards shall be binding on both parties and all employees. 6. The expenses of the arbitration shall be borne by the party against whom the award is enteredas provided in Section 59. 7. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be be, the cause of the alleged violation of Paragraph A of this Section A, it shall be referred to the appropriate grievance and and/or arbitration procedure procedures provided under in this Agreement. 8. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionA, said preliminary issue of arbitrability shall be decided by first. 9. It shall be the same arbitrator selected responsibility of the District to hear ensure safe ingress and egress to and from the underlying dispute on the meritsarbitration site. C. Violation of this Section shall be cause for discipline up to and including discharge.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union Unions to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly:, 1. No employee or Union Unions signatory hereto shall engage in, cause, cause or encourage any strike, strike slowdown, picketing, concerted refusal to work, or other interruption of the District’s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART BART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART and other BART employee organizations; and. (Reference R. E. ▇▇▇▇▇ Arbitration Award of 7/2/74 for other specifics.) 4. In any case where employee conduct occurs in violation of this Section, the Union Unions will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union Unions may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreementthe appropriate Subunit supplemental provisions. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section 1.6 to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionSection 1.6, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.

NO STRIKES AND NO LOCKOUTS. A. It is the intent of the District and the Union Unions to ensure assure uninterrupted transit service to the public during the life of this Agreement. Accordingly:, 1. No employee or Union Unions signatory hereto shall engage in, cause, cause or encourage any strike, strike slowdown, picketing, concerted refusal to work, or other interruption of the District’s operations for the duration of this Agreement as a result of any labor dispute; 2. The District shall not lockout any employee covered by this Agreement during its term as a result of any labor dispute; 3. It shall not be a violation and shall not be cause for discipline for a District employee voluntarily to refuse to enter upon any property involved in a primary bona fide labor dispute. It shall not be a violation of this Section and shall not be cause for discipline of any employee by any party or other employee subject to this Agreement, should any employee voluntarily enter District property at a time when the District is involved in a primary labor dispute; provided, however, such employees shall not perform, nor be assigned, any work of any eBART BART employee represented by the employee organization in such dispute. For purposes of this Section, a primary labor dispute is defined as a dispute between BART ▇▇▇▇ and other BART employee organizations; and. (Reference R. E. ▇▇▇▇▇ Arbitration Award of 7/2/74 for other specifics.) 4. In any case where employee conduct occurs in violation of this Section, the Union Unions will promptly take all necessary action to bring about a termination of such conduct, and where so requested by the District, will give individual notification to the employees involved to cease such conduct. B. In the event of any alleged violation of Paragraph A of this Section, either the District or the Union Unions may seek immediate arbitration before one of the named arbitrators to be selected in accord with the arbitration procedures set forth in this Agreementthe appropriate Subunit supplemental provisions. The party seeking such arbitration shall use its best efforts to notify the other party of the referral to arbitration by means of telephone or written noticenotice including telegraphic, delivered to the principal office of the party against whom the award is being sought. The question in such arbitration shall be whether either party or any employee covered by this Agreement has engaged or is engaging in activities in violation of this Section. The arbitrator shall have full equitable power to resolve the dispute, including the power to immediately issue an order to terminate the activities in violation of this Section. Such award shall be binding on both parties and employees. The expenses of the arbitration shall be borne by the party against whom the award is entered. Unless the parties agree that the arbitrator shall retain jurisdiction to decide the underlying dispute at the same hearing, he/she shall refer the dispute leading to or determined to be the cause of the alleged violation of Paragraph A of this Section 1.6 to the appropriate grievance and arbitration procedure provided under this Agreement. If either party raises an issue of arbitrability of the dispute allegedly causing the violation of Paragraph A of this SectionSection 1.6, said preliminary issue of arbitrability shall be decided by the same arbitrator selected to hear the underlying dispute on the merits.