KM Unit – ART. 41: No Strike/No Lockout

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ARTICLE 41 – NO STRIKE/NO LOCKOUT

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

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

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

1. The Union further agrees to maintain critical services in the event of any activity by any individual(s) or labor organization(s) which interferes with the operations of the University. Such critical services include, but are not limited to maintenance and operation of: 1) future medical and patient care facilities; 2) research facilities on the UC MERCED campus and/or its satellite facilities; 3) UC MERCED computer operations; and 4) facilities in which valuable collections are maintained.

2. Any employee who violates this Article may be subject to disciplinary action up to and including discharge.

D. Should any activities in violation of this Article occur, the Union 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/or 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.

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