185 Agreement

ARTICLE 5 - NO STRIKE – NO LOCKOUT

Section 5.1 No Strike

During the terms of this Agreement or any extension thereof, the grievance machinery of this Agreement, and the administrative and judicial remedies and procedures provided by statute for remedying unfair labor practices, shall be the sole and exclusive means of settling any dispute between the employees and/or the Union and the University, whether relating to the application of this Agreement. Accordingly, during the term of this Agreement or any extension thereof, neither the Union nor any employees will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, concerted stoppage of work, observance of picket lines, or any other intentional interruption of, curtailment of, restriction of, or interference with the University’s functions or operations, regardless of the reason.

Section 5.2 Union Response

Should any activity proscribed by Section 5.1 occur, the Union shall immediately:

1. publicly disavow such action by the employees or other persons involved;
2. advise the University in writing that such action has not been caused or sanctioned by the Union;
3. post notices on Union bulletin boards stating that it disapproves of such action and instructing all employees to cease such action and return to work immediately, and
4. take such other steps as are reasonably appropriate to bring about observance of the provisions of this Section. The University shall have the right to discharge or otherwise discipline any or all employees who violate any of the provisions of this Section, and in the event a grievance is filed, the sole question to be resolved in the grievance procedure and arbitration shall be whether the employee or employees participated in the action prohibited by this Section. If it is determined that an employee did so participate, the disciplinary action taken by the University may not be disturbed.

Section 5.3 No Lockout

The University agrees that it will not lock out its employees during the term of this Agreement or any extension thereof.