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ARTICLE XXI <br />21.0 STRIKES & WORK STOPPAGES <br />21.1 Prohibited Conduct. <br />A. The Union, its officers, agents, representatives, and /or members agree that during <br />the term of this Agreement, they will not cause or condone any unlawful strike, <br />walkout, slowdown, sick -out, or any other unlawful job action by withholding or <br />refusing to perform services. <br />B. Any employee who participates in any conduct prohibited in Subsection A above <br />shall be subject to suspension, demotion or dismissal by the appointing authority <br />without right of appeal to the Personnel Board in accordance with City Charter <br />Section 1014. <br />21.2 Union Responsibility. In the event that the Union, its officers, agents, representatives, or <br />members engage in any of the conduct prohibited in Section 1, Subsection A above of <br />this Article, the Union shall immediately instruct any persons engaging in such conduct <br />that their conduct is in violation of this Agreement and unlawful, and they must <br />immediately cease engaging in the conduct prohibited in said Section 1, Subsection A <br />above, and return to work. <br />ARTICLE XXII <br />22.0 LAYOFFS <br />22.1 The City agrees to inform the Union as soon as possible if and when a decision is made to <br />reduce positions represented by the Union through layoff. <br />If it is decided to contract out work, the City shall provide the Union reasonable notice of <br />the decision; meet and confer with the Union over the impact of the decision; will <br />seriously consider reasonable alternatives provided by the Union; and if any bargaining <br />unit member is laid off as a result of the decision, the City shall make a reasonable effort <br />to place said employee with the contracting company. <br />22.2 In the event of a reduction -in- force, part time employees in any City office, activity or <br />department shall be laid off prior to laying off Part Time Civil Service Employees as <br />above defined. Wherever possible, Part Time Civil Service Employees in the <br />classification shall be laid off prior to Full Time employees in the same classification. <br />22.3 The principles of seniority (length of service) shall govern layoffs as described herein, <br />except in the event that more than one (1) employee has the same seniority date, in which <br />case performance also shall be considered. The City's determination of performance <br />shall not be arbitrary or capricious in nature. Any dispute over the application of the <br />principles outlined in this Article XXII shall be subject to the grievance procedure. <br />39 <br />