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Engineers and Scientists of California (ESC)
2019 - 2023 ESCMemorandum of Understanding: Article 16: No Strike
16.1 Union Representation
A material inducement in 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.
16.2 Prohibited Activity
Accordingly, Union and the employees it represents agree not to engage in any illegal activities during the term of this Memorandum, including but not limited to, work stoppages, strikes (including sympathy strikes), slowdowns, sickins, or other such concerted activities against the County.
16.3 Union Responsibilities
The Union shall not be liable to the County for "wildcat" job action by the employees it represents unless the Union fails to use its best efforts to end such "wildcat" job action by encouraging its members to discontinue the job action; immediately declaring in writing delivered to the County and vigorously publicizing that such job action is illegal and unauthorized; and directing its members in writing to cease such conduct and resume work.
16.4 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 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 request, and Union shall provide, written assurances of its continued good faith performance of this Memorandum.
16.5 Employee Liability
Any employees engaging in activity prohibited by Article 16 may be subject to disciplinary action, including discharge.