
COMPANY PROPOSAL:
ARTICLE 24
NO STRIKE/NO
LOCKOUT
1.
The Union,
its officers, representatives, and members, and the employees, shall not in any
way, directly or indirectly, authorize, assist, encourage, participate in or
sanction any strike, sit-down, sit-in, slow-down, sympathy strike, picket,
publicity, "corporate campaigns", handbill, cessation or stoppage or
interruption of work, boycott, or in any other way, direct or indirect,
interfere with the operations of the Employer, or ratify, condone, or lend
support to any such conduct or action. This obligation shall include dealings by
the Employer with Union and nonunion suppliers, deliverymen, organizations, or
other employees not covered by this Agreement and shall cover non-grievable
disputes to the maximum extent permitted by law. The Union may not take any such
actions against any employee, officer, director, board member or agent of the
Employer. The Union will not interfere with any individual while he is entering
or exiting the
Employer's
facility. The Union agrees that it will not disparage the Employer, its
employees, officers, directors, board
members or agents, or its amenities and accommodations. In addition to any other liability, remedy, or right provided by applicable law or
statute, should a strike, sit-down, sit-in, slow-down, sympathy strike,
picket, handbill, cessation or stoppage or interruption of work, boycott, or
other interference with the operations of the Employer occur, the Union, within
twelve (12) hours of a request by the Employer, shall:
(a)
Publicly disavow such action by the employees;
(b)
Advise the Employer in writing that such action by the employees has not
been called or sanctioned by the Union;
(c)
Notify employees of its disapproval of such action and instruct such
employees to cease such action and return to work immediately;
(d)
Post notices on the bulletin board in
the facility advising that it disapproves of such action and instructing
employees to return to work immediately; and
(e)
Undertake all of these activities in a good faith effort to eliminate the
prohibited conduct.
The Employer agrees that it will not lock out employees during the term
of this Agreement. [Open]
2. The Parties agree that Section 1 shall
apply to any and all matters for which bargaining may be required during the
term of this Agreement, and each unqualifiedly waives the right
to strike or lock out over such bargainable issues during the term of this
Agreement. [Open]
3.
It is understood
and agreed that any violation of this Article, by the Union or by any unit
member or members, would result in immediate and irreparable injury to Employer,
and the Employer would have no adequate remedy
at law. It is, therefore, agreed that Employer would, in that event, be
entitled to immediate injunctive relief in any court having jurisdiction of the
parties, including the courts of the State of Nevada. For that purpose this
Agreement shall itself suffice as evidence or irreparable injury and
inadequacy of remedy at law, once a violation that this Article is otherwise
shown. The Employer shall not be required to grieve or arbitrate any
claim
that this Article has been violated, and shall have the right to proceed
directly to court for injunctive relief.
[Open]
4.
The
remedies above provided shall be in addition to any other remedies the Employer
may have by contract or by law. [Open]
5.
Any
employee who engages in a strike, or any other activities prohibited in Section
1 above, regardless of the duration of such actions, shall be subject to
discharge. It shall not be deemed arbitrary for the Employer to discharge some
employees engaging in such actions while not discharging others.
In any arbitration over this matter, once the Employer has established
that the employee(s) has engaged in conduct prohibited by this Article, the
arbitrator may not modify or change the discipline, including discharge, that
was given by the Employer. [Open]

UNION
COMMENTS/OPINION: 
See
"Status Quo": 
See
Union Proposal: 
