K6 Unit – ART. 38: No Strike/No Lockouts

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ARTICLE 38
NO STRIKE/NO LOCKOUTS

A. No Lockout

During the term of this Agreement or any extension thereof, the University agrees that there will be no lockouts by the University.

B. No Strike

Additionally, during the term of this Agreement or any extension thereof, Teamsters Local 2010, on behalf of its officers, agents and unit members, agrees that there shall be no strikes, including sympathy strikes, or concerted activities which would interfere with the operations of the University.

During the term of this Agreement or any extension thereof, Teamsters Local 2010, its officers, agents, and unit members agree that they shall not in any way participate in or lend support to any strikes, including sympathy strikes, or concerted activities of any kind in violation of this Article.

C. Union Commitment to Maintaining Critical Services

In addition, Teamsters Local 2010 agrees to maintain critical services in the event of any activity by any individual(s) or labor organization(s) which interfere with the operations of the University. Such critical services include, but are not limited to maintenance and operation of: (1) patient care facilities at the UCSD Health System and Clinics; (2) research facilities at UCSD and Scripps Institution of Oceanography; (3) computer operations at UCSD and UCSD Health System; and (4) facilities in which valuable collections are maintained.

Any employee who violates this Article may be subject to disciplinary action up to and including termination of employment.

D. Violation of this Article

Should any activities in violation of this Article occur, Teamsters Local 2010 shall immediately take whatever affirmative action is necessary to prevent and/or bring about the termination of such action or interference. Such affirmative action shall include the immediate written notice to all employees in the unit, at their work and home addresses stating that they must cease their violation of this Agreement and that they may be subject to disciplinary action up to and including discharge. Further, the Union agrees to operate and maintain critical services as described above.

The prohibitions set forth in this article regarding participation in concerted activities do not apply to employees with respect to the use of their personal non-work time.

E. Nothing herein constitutes a waiver of the University’s right to seek appropriate legal relief in the event of a violation of this Article.