2019 - 2023 SEIU 1021 Memorandum of Understanding: Article 22: Full Performance, No Strike
22.1 Full Performance – 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 the maximum service to the public and that the Union will fully perform its obligations owed to County.
22.2 Prohibited Activities – Union and Employees
Accordingly, the Union and the employees it represents agree not to formally and publicly encourage or to engage in any and all forms of work stoppage activities during the term of this Memorandum including, but not limited to, strikes (including sympathy strikes), “slowdowns,” “sick-ins” or similar concerted activity against County.
22.3 Full Performance – Union Responsibilities
The Union shall not be liable to the County for “wildcat” job actions by the employees it represents. The Union shall use its best efforts to prevent any such “wildcat” job action and shall:
- encourage its members at the earliest possible time to discontinue the job action,
- immediately declare in writing delivered to County and publicized that such job action is illegal and unauthorized,
- direct its members in writing to cease such conduct and resume work or face fines or other appropriate punishment.
22.4 Full Performance – Written Assurances
This promise by the Union is both a covenant and a condition precedent to the continuing performance by County of any obligation whatsoever owed by County to Union or the employees it represents during the term of this Memorandum. If County is at any time uncertain of the Union’s continued performance, it may demand, and the Union will provide, written assurance of its continued good faith performance of this Memorandum.
If the Union’s response does not insure compliance with the covenants of this Article 22, the County may suspend its compliance with Sections 4.9 and 4.10 and Articles 25 and 26 of this Memorandum of Understanding.
22.5 Prohibited Activities – Employee Liability
Any employees engaging in activity prohibited by this Article may be subject to disciplinary action, including discharge.