probationary employee serves a full twelve months as a police officer in full duty status; or (2) if necessary to determine if retention of the probationary employee is in the best interest of the Department; or (3) if an investigation is pending into the probationary employee’s conduct at the time the probation would otherwise end. In the case of (2) and (3) herein, the probationary period can be extended for no longer than 180 days. The Chief shall notify the Association in writing of the reason for extending the probationary period of an employee. A probationary employee may be discharged at any time at the discretion of the Chief, without appeal to the Commission. Section 5. In the event that an employee is serving a probationary period in a position and is promoted to a higher position, the probationary period at the lower position shall be deemed to have been completed. Section 6. The Association recognizes the City's right to assign or reassign employees for any reason which will promote the good of the service and efficiency of the department. The City in turn recognizes that the administrative assignment or reassignment shall not be utilized for the sole reason of disciplining an employee. ARTICLE 3 NO STRIKE, NO LOCK-OUT Section 1 The City agrees that it will not lock out the employees covered by this Agreement. Section 2. The Association agrees that neither it nor any of the employees covered by this Agreement will permit, sanction, call, acquiesce or engage in any strike; sit-down; slow-down; speed-up; sick-out; sympathy strike; picketing for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment; or any other work stoppage or interference with the operation of the City for any reason. Section 3. It is expressly understood and agreed that the refusal or concerted failure by any employee or employees covered by this Agreement to cross or work behind the picket line of any association, union or other organization shall constitute a violation of this Agreement. It is likewise understood and agreed that the refusal or failure of any employee covered by this Agreement faithfully and impartially to enforce the laws of the State of Texas and the ordinances of the City of El Paso at the site of or in connection with any labor dispute shall constitute a violation of this Agreement.
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