ARTICLE X

CONDUCT OF LABOR AND EMPLOYEE RELATIONS ACTIVITIES BY

THE ASSOCIATION AND ITS MEMBERS

 

10.1    Designation of Authority.  By establishing or maintaining membership in this Association, a member designates the Association as its exclusive agent in conducting contract negotiations, as well as issues of contract administration, with any labor organizations that represent employees of the member.  This authorization shall be perpetual, and shall continue until either (a) the member has validly resigned its membership in the Association in conformity with these bylaws, (b) such membership has been terminated by the Association, or (c) the Association has released the member from such authorization, through action of its Board of Directors.

 

10.2    Association’s Authority Exclusive.  This authority vested in the Association shall be exclusive.  The member agrees that it will not undertake negotiations with any union for such a collective bargaining agreement, including an interim agreement, nor shall it become party to any such agreement, either orally, or in writing, without the prior written consent of the Association, with such consent being granted solely by action of the Board of Directors.  The member shall not take any action with respect to the wages, hours, or terms and conditions of employment of any employees that are part of any collective bargaining unit, if such action would, in the opinion of the Association, adversely affect the Association’s ability to negotiate or administer collective bargaining agreements for the industry.

 

10.3    Agreement to Abide By Group Action.  The member shall abide by any and all decisions of the Association concerning the conduct of labor negotiations and contract administration, including any decisions concerning concerted actions to be taken by members of the Association during the course of such negotiations, and the member shall immediately implement such decisions upon the written request of the Association.

 

10.4    Violation of Obligations.  In the event that it is alleged that a member has violated its obligations with respect to any matter set forth in this Article, a meeting of the Association’s Board of Directors may be convened in the manner set forth in these Bylaws.  The Board of Directors shall have the authority to determine whether the member has violated any of the obligations set forth in this Article, to determine the appropriate sanctions or penalty for such violation, and to direct the member to rescind any action that it has taken that is inconsistent with its obligations under this Article.

 

10.5    Legal Relief.  The member recognizes that any violation of the provisions of this Article shall result in irreparable harm to the Association and its members.  The member agrees that, in the event of an actual or threatened breach by it of any provisions of this Article, the Association shall be entitled to prevent and restrain such breach, and the member further agrees that this shall be a proper subject for the remedy of specific performance in the event of any such alleged breach, in addition to any action that may be taken by the Board of Directors under Section 17.4 of this Article XVII.

 

            The member shall pay the Association’s costs, including reasonable attorneys’ fees, in the event that the Association commences any legal action to enforce any of the members’ obligations under this Article.