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Labor Law by David E. Strecker

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153
© 2011 by Taylor & Francis Group, LLC
Appendix 4
Sample No Strikes/No Lockouts Clause
Section 1 ere shall be no strike, sympathy strike, concerted refusal to report
for work, slowdown, stoppage of work, planned ineciency, sick out,
sit down, or any other interruption of work or production (or threat
or inducement of the same) by the Union or any employee during
the term of this Agreement. e Company agrees not to lock out any
employee covered by this Agreement during the term thereof. A layo
of employees for economic or other legitimate business reasons does
not constitute a lockout.
Section 2 e Union agrees that neither it nor any of the employees in the bar-
gaining unit covered by this Agreement will collectively, concertedly,
or individually engage in or participate, directly or indirectly, in any of
the activity prohibited by this Article.
Section 3 Furthermore, it is understood that no union ocer, representative,
or agent may authorize, encourage, or assist in any strike, sympathy
strike, concerted refusal to report for work, slowdown, stoppage of
work, planned ineciency, sick out, sit down, or any other interrup-
tion of work on any premises of the Company, nor will the Union, its
ocers, representatives, or agents participate in, counsel, or induce any
such activity. is clause also specically prohibits any employee from
refusing to report for work or refusing to work due to the existence of
a picket line.
Section 4 e Union, its ocers, agents, members, and employees covered by
this Agreement, agree that they will take all armative action legally
available to prevent any activity prohibited by this Article.
Section 5 In the event of activity prohibited by this Article, the Union will do the
following:
154 ◾  Appendix 4
© 2011 by Taylor & Francis Group, LLC
(a) Notify all employees immediately (both orally and in writing) that
the interruption of work is unauthorized and in violation of the
Agreement, and that they should immediately return to work.
(b) Make every other reasonable eort to have employees cease and
desist from violation of this Article.
Section 6 It is further understood that any employee who threatens, participates
in, or encourages a violation of this Article shall, in the sole discretion
of the Company, be subject to immediate discharge.

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