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

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.
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