Article III: No Interference
The Union, through its officials, will not cause, instigate, support or encourage, nor shall any Employee take part in, any concerted action against or any concerted interference with the operations of the University, such as the failure to report for duty, the absence from one’s position, the stoppage of work, or the failure, in whole or part, to fully, faithfully, and properly perform the duties of employment. Nothing in this paragraph, however, shall be construed to limit participation of individuals in an activity that is unrelated to their employment relationship.
In the event of any such action or interference, and on notice from the University, the Union, through its officials, will immediately disavow such action or interference. Further, the Union will instruct in writing (email will suffice) and in a timely manner (e.g., prior to the action or interference when notice from the University is provided prior to the interference) any and all Employees to cease their misconduct and inform them that this misconduct is a violation of the Agreement, which subjects them to disciplinary action, including discharge.
If the Union, through its officials, performs its obligations as set forth in this Article, the University agrees that it will not file or prosecute any action for damages against the Union or its officials or pursue the remedy in the following paragraphs. Nothing herein, however, shall preclude the University from proceeding against any Employee involved in such action or interference.
If the Union, through its officials, fails to perform its obligations as set forth in this Article to disavow such action or interference and/or to provide notice to all Employees in a timely manner to cease their misconduct and inform them that this misconduct is a violation of the Agreement, which subjects them to disciplinary action, including discharge, the University, in consultation with and support from the Provost and Executive Vice President for Academic Affairs, shall inform the Union of its failure in writing.
Effective immediately upon such notice, Article V, Union Dues and Representation-Service Fees, Sections (A), (B),
(D), (F), (G), and (I) shall become null and void as set forth in Article V, Section J. Effective immediately upon such notice, Article V, Union Dues and Representation-Service Fees, Sections (C), (E), and (H) shall no longer apply to Representation-Service Fees, as set forth in those sections respectively. The parties agree to meet within thirty (30) days of this action to amend the payroll deduction card and agree to the process for reauthorization by those who pay membership dues via payroll deduction.
Upon written request from the Union the University will convene a Step 3 hearing within five (5) business days for the purpose of hearing the Union’s argument as to why the penalties invoked should be reversed. The University will provide a written response within five (5) business days. The Union may appeal the Step 3 decision under the provisions of Article XIV Arbitration, Section D. Impartial Arbitration. The University and the Union agree to make reasonable efforts to expedite the arbitration.
The University agrees that during the life of this Agreement there will be no lockout.
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