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ARTICLE XXIII
WORK STOPPAGE
23.1 Apart from and in addition to existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its officers, agents or representatives shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatsoever against the District during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of Article V, disputes which are not subject to the grievance provisions of Article V, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown, or work-stoppage or threat thereof, the Association and its officers, agents and representatives will do everything reasonably within their power to end or avert the same.
23.2 Any unit member engaging in any strike, walkout, slowdown or work stoppage of any nature whatsoever against the District in violation of this Article shall receive no pay for the days involved, and shall be subject to discipline or termination pursuant to applicable Education Code procedures.
23.3 In the event that this Article is violated over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article V, the Association (and the unit members) shall be deemed to have waived the right to process the grievance or dispute through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto.
23.4 The provisions of this Article shall be automatically suspended in the event that the District and the Association mutually and jointly declare impasse during the process of negotiating the reopener provisions provided for in Article XXVIII (Completion of Meet and Negotiation); the suspension period shall not last longer than the duration of the mutually declared impasse.
23.5 The provisions of this Article shall also be automatically suspended in the event that the District and the Association conclude the fact-finding stage of the impasse provisions of the Educational Employment Relations Act. |
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