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International Union of Operating Engineers, Stationary Engineers - Local 39
2018 - 2019 Local 39Memorandum of Understanding: Article 23: No Strike
23.1 Union Representation
A material inducement to County's execution of this Memorandum is the Union's representation that the employees it represents will loyally and fully perform their respective duties in an efficient manner so as to provide maximum service to the public, and that the Union will fully perform its obligations owed to the County.
23.2 Prohibited Activity
Accordingly, the Union and the employees it represents agree not to engage in any work stoppage activities during the term of this Memorandum, including but not limited to, strikes (including sympathy strikes), slowdown, sick‑ins, or other concerted activities against the County.
23.3 Union Responsibilities
The Union shall not be liable to the County for "wildcat" job action by the employees it represents. The Union shall use its best efforts to prevent any "wildcat" job action and shall: encourage its members, at the earliest possible time, to discontinue the job action; immediately declare in writing delivered to the County and publicize that the job action is illegal and unauthorized; and direct its members in writing to cease the conduct and resume work.
23.4 Written Assurances
This promise by the Union is both a covenant and a condition precedent to the continuing performance by the County of any obligation whatsoever owed by the County to the Union or the employees it represents during the term of this Memorandum. If the County is at any time uncertain of the Union's continued performance, it may demand, and the Union will provide, written assurances of its continued good faith performance of this Memorandum.
23.5 No Lockout
The County agrees that it will not cause a lockout of employees during the term of this Memorandum. The parties agree that the term "lockout" does not apply to a layoff consistent with the layoff provision of this Memorandum nor to job related discipline of an employee.