PEACEFUL PERFORMANCE Clause Samples
The 'Peaceful Performance' clause requires parties to continue fulfilling their contractual obligations without disruption, even if disputes or disagreements arise during the course of the agreement. In practice, this means that neither party can suspend or delay their performance of duties—such as delivering goods, making payments, or providing services—while a dispute is being resolved, whether through negotiation, mediation, or arbitration. The core function of this clause is to maintain business continuity and prevent unnecessary interruptions, ensuring that disagreements do not halt the progress of the contract or cause additional losses.
PEACEFUL PERFORMANCE. The parties to this agreement agree that there shall be no Job Actions or lockouts during its term. Job Action is defined as any strike, sit–down, stay–in, sick–out, refusal to work overtime, slowdown or picketing. In the event of any Job Action by any represented employee(s), the Association shall, in writing, advise the employee(s) to cease their action(s) and resume normal work. The Association shall give a copy of its notice to the County. The County retains the right to discipline employees participating or giving leadership to actions which violate this section and to seek legal remedies, including damages, against them.
PEACEFUL PERFORMANCE.
A. The parties to this Agreement recognize and acknowledge that the services performed by the County employees covered by this Agreement are essential to the public health, safety, and general welfare of the residence of the County of Pershing. Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow- down or picketing in connection with a labor dispute (hereinafter collectively referred to as work-stoppage) by any member of the bargaining unit. The County shall not be required to negotiate on the merits of any disputes which may have given rise to such work-stoppage until said work-stoppage has ceased.
B. In the event of any work-stoppage, during the term of this Agreement, whether by the Association or by any member of the bargaining unit, the Association, by its officers, shall immediately declare in writing to the County Commissioners that such work-stoppage is in violation of this Agreement and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the County. In the event of any work stoppage, the Association promptly and in good faith performs the obligations of this paragraph, the Association shall not be liable for any damages caused by the violation of this provision. However, the County shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to any work-stoppage activity herein prohibited, and the County shall have the right to seek full legal redress, including damages, as against any such employee.
C. The County agrees not to lock out during the term of this Agreement.
PEACEFUL PERFORMANCE. The parties to this MOU recognize and acknowledge that the services performed by the County employees covered by this Agreement are essential to the public health, safety, and general welfare of the residents of the County of El Dorado. The Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its employees to initiate, participate in, nor will any employee of the bargaining unit take part in any strike, sit-down, stay-in, sick-out, slowdown or picketing (hereinafter collectively referred to as work stoppage) in any office or department of the County, nor to curtail any work or restrict any production, or interfere with any operation of the County. In the event of any work stoppage, during the term of this MOU, whether by the Association or by any employee of the bargaining unit, the Association by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized, and further direct its employees in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the County. In the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph, and providing that the Association had not otherwise authorized, permitted or encouraged such work stoppage, the Association shall not be liable for any damages caused by the violation of this provision. However, the County shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the County shall have the right to seek full legal redress, including damages, against any such employee.
PEACEFUL PERFORMANCE. The Union agrees that during the term of this Memorandum of Understanding neither it nor the employees it represents will engage in, encourage, sanction, support, any job or other actions which would involve suspension of or interference with normal work of the department or other County departments. In the event of any job actions as described above, the Union will immediately notify involved employees that the action(s) is in violation of this section, and direct them to cease the action(s).
PEACEFUL PERFORMANCE. During the life of this Agreement, Unit employees shall not engage in any work stoppages, strikes, slow-downs, or boycott picketing against the City. No lock-outs shall be made by the City. In the event that any employee covered by this Agreement, violates the provisions of this section, the Unit shall make a good faith effort to stop such violations of this section.
PEACEFUL PERFORMANCE. 30.1 During the Term of this Agreement, neither the Association nor its agents or any employee, for any reason, will authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the County. During the term of this Agreement, neither the County nor its agents for any reason shall authorize, institute, air or promote any lockout of employees covered by this Agreement.
30.2 The Association agrees to notify all officers and representatives of their obligation and responsibility for maintaining compliance with this Article, including their responsibility to remain at work during any interruption which may be caused or initiated by others, and to encourage employees violating this Article to return to work.
PEACEFUL PERFORMANCE. SEIU agrees that neither SEIU, its officers or agent, nor any of the employees covered by this MOU will cause, engage in, sanction, or support any strikes, work slow-downs, the stoppage of work, or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment, nor shall SEIU or any employee covered by this MOU honor any similar job action of any other employee or group of employees of GCTD or any union or association by withholding or refusing to perform services for GCTD. In the event an employee violates this provision, SEIU shall immediately notify any such employee in writing to cease and desist from any such action and shall instruct them to return to their duties. SEIU agrees that any or all employees who violate any of this provision may be disciplined up to and including discharge. GCTD agrees there shall be no lockouts made by GCTD.
PEACEFUL PERFORMANCE.
24.1. Prohibitions The parties to this Agreement recognize and acknowledge that the services performed by the County employees covered by this Agreement are essential to the public health, safety, and general welfare of the residents of the County of Humboldt. Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing in connection with a labor dispute (hereinafter collectively referred to as work-stoppage), in any office or department of the County, nor to curtail any work or restrict any production, or interfere with any operation of the County. In the event of any such work stoppage by any member of the bargaining unit, the County shall not be required to negotiate on the merits of any disputes which may have given rise to such work stoppage until said work stoppage has ceased.
PEACEFUL PERFORMANCE. 5.1 The Union and its representatives agree that it and they will not engage in, authorize, sanction, or support any Commission employee strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment provided such equipment is safe and sound, or to perform customary duties. Neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives or decisions of management of the Commission, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding.
5.2 In the case of a legally declared strike against another employer which has been sanctioned and approved by the central labor council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided that the employee advises his/her supervisor prior to leaving the picketed location and provided further that an employee may be required to cross a picket line where the performance of his/her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health, safety, or welfare.
5.3 The Commission shall make its best effort to enforce the terms of this Memorandum on the part of its management personnel; the Union shall make its best effort to enforce the terms of this Memorandum on the part of the employees it represents. Individuals acting or conducting themselves in violation of the terms of this Memorandum shall be subject to discipline, up to and including discharge.
PEACEFUL PERFORMANCE. If an employee participates in a strike or a concerted work stoppage, the City may apply discipline up to and including discharge. However, nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment.