MANAGEMENT RIGHTS Clause Samples
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MANAGEMENT RIGHTS. 3.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its Management and may be exercised by Management as it, in its discretion, sees fit. Without limiting the generality of the foregoing, the Employer's rights shall include:
(a) the right: to maintain order and efficiency; to make, alter and enforce, from time to time, reasonable rules and regulations, policies and practices to be observed by its employees;
(b) discipline and discharge employees that have completed the probationary period for just cause; and discharge employees that have not completed the probationary period for any reason the Employer considers appropriate;
(c) the right: to select, hire and control the working force and employees; to transfer, assign, promote, demote, schedule and classify employees; to plan, direct and control its operations; to select and retain employees for positions excluded from the bargaining unit; to operate and manage the enterprise in all respects in order to satisfy its commitments and objectives;
(d) the right to determine: the location and extent of its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; whether to perform or contract for goods and services; the schedules of work; the methods, processes and means of performing work; job content and requirements; the qualifications of employees, which shall consider the employee’s regulatory body; the use of improved or changed methods; the number of employees needed by the Employer at any time and how many shall work in any job; the number of hours to be worked; starting and quitting time; methods to be used to ensure security of the Employer’s property. And generally the right to manage the enterprise without interference are solely and exclusively the right of the Employer. Failure by the Employer to exercise any of its Management Rights or other rights shall not be considered to be an abandonment of those rights.
3.02 These rights shall not be exercised in a manner inconsistent with the provisions of this Collective Agreement.
MANAGEMENT RIGHTS. 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer:
(a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility.
(b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations.
(c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided.
(d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole.
3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.
MANAGEMENT RIGHTS. Section 7.1 Management Responsibilities The Union recognizes the right and authority of the District, subject to the restrictions, modifications, and limitations of this Agreement, to administer the business of the Pleasant Valley Joint Fire District, and in addition to other functions and responsibilities which are required by law, the Union recognizes that the District has and will retain the full right and responsibility to direct the operations of the Department, to promulgate reasonable rules and regulations and to otherwise exercise the prerogatives of management, which more particularly include, but are not limited to, the following:
1. Determine the size and composition of the District’s workforce, the organizational structure of the District and the methods by which operations are to be performed by the District employees.
2. Manage the District’s budget, including but limited to the right, within the provision of the Ohio Revised Code, to contract or subcontract any work or operations of the District’s, except for firefighting and emergency medical/paramedical services.
3. Determine the nature, extent, type, quality, and level of services to be provided to the public by the District’s employees and the manner in which those services will be provided.
4. Determine, change, maintain, reduce, alter or abolish the technology, equipment, tools, processes or materials the District’s employees shall use.
5. Restrict the activity of an employee organization on District time except as set forth in this Agreement.
6. Determine job descriptions, procedures and standards for recruiting, selecting, hiring, training and promoting employees
7. Assign work, subcontract work, except for firefighting and emergency medical/paramedical services, establish and/or change working hours, schedules and assignments as deemed necessary by the District to assure efficient operations.
8. Direct and supervise employees and establish and/or modify performance programs and standard, methods, rules and regulations, and policies and procedures applicable to the District’ employees.
9. Hire, evaluate, promote, retain, transfer (permanently or temporarily), and assign permanent employees, unless otherwise abridged by this agreement.
10. Discharge, remove, demote, reduce, suspend, reprimand or otherwise discipline employees for cause.
11. Lay off employees of the District, because of lack of work or funds.
12. Determine matters of inherent managerial policy, which include, but are n...
MANAGEMENT RIGHTS. 36.1 Except as modified by this Agreement, the Employer retains all rights of management, which, in addition to all powers, duties and rights established by constitutional provision or statute, will include but not be limited to, the right to:
A. Determine the Employer’s functions, programs, organizational structure and use of technology;
B. Determine the Employer’s budget and size of the institution of higher education’s workforce and the financial basis for layoffs;
C. Direct and supervise employees;
D. Take all necessary actions to carry out the mission of the State and its institutions during emergencies;
E. Determine the Employer’s mission and strategic plans;
F. Develop, enforce, modify or terminate any policy, procedure, manual or work method associated with the operations of the Employer;
G. Determine or consolidate the location of operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations;
H. Establish or modify the workweek, daily work shift, hours of work and days off;
I. Establish work performance standards, which include, but are not limited to the priority, quality and quantity of work;
J. Establish, allocate, reallocate or abolish positions and determine the skills and abilities necessary to perform the duties of such positions;
K. Select, hire, assign, reassign, evaluate, retain, promote, demote, transfer and temporarily or permanently lay off employees;
L. Determine, prioritize and assign work to be performed;
M. Determine the need for and the method of scheduling, assigning, authorizing and approving overtime;
N. Determine training needs, methods of training, and employees to be trained;
O. Determine the reasons for and methods by which employees will be laid off; and
P. Suspend, demote, reduce pay, discharge and/or take other disciplinary actions.
36.2 The Employer has the right to exercise all of the above rights and the lawful rights, prerogatives and functions of management. The Employer’s non-exercise of any right, prerogative or function will not be deemed a waiver of such right or establishment of a practice.
MANAGEMENT RIGHTS. The Union recognizes that it is the right of the Employer to exercise the regular and customary function of management and to direct the working forces, subject to the terms of this Agreement. The question of whether any of these rights is limited by this Agreement shall be decided through the grievance and arbitration procedure.
MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis.
Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to ...
MANAGEMENT RIGHTS. 5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
MANAGEMENT RIGHTS. The management of the Employer's business, and the direction of the working forces including the hiring, firing, promotion and demotion of employees, is vested exclusively in the Employer, except as may be otherwise specifically provided in this Agreement. The Union agrees that all employees shall be governed by all rules as adopted by the Employer and published to employees on bulletin or notice boards, or by general distribution, provided such rules are not in conflict with this Agreement.
MANAGEMENT RIGHTS. 5.01 The Union recognizes that the management of the operations of the Board and the direction of the working force are fixed exclusively in the Board and shall remain solely with the Board. Without restricting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Board to:
(a) maintain order, discipline and efficiency;
(b) hire, evaluate, discharge, direct, classify, transfer, assign, retire, promote, demote, layoff, suspend or otherwise discipline employees, provided that a claim that an employee who has been unjustly discharged or disciplined may be the subject of a grievance in a manner and to the extent herein provided;
(c) establish and enforce reasonable rules and regulations to be observed by employees;
(d) generally to manage and operate the business of the Board in all respects in accordance with its obligations and, without restricting the generality of the foregoing, to determine the kinds and locations of equipment to be used;
(e) the right to determine, alter and eliminate services, programs offered, the scheduling of work, the allocation and number of employees required from time to time, and all other matters concerning the operation of the Board;
(f) the right to determine the number of employees to be employed, including the qualifications, duties and responsibilities of the employees, the hours of work, the work year and work location;
(g) the right to ensure that employees adhere to the Roman Catholic philosophy.
5.02 The Board agrees that such rights shall be exercised in a manner consistent with the provisions of the collective agreement and the Acts and Regulations of Ontario, and in a manner that is not arbitrary or discriminatory or without just cause.
5.03 The Board agrees that the provisions of this Article do not preclude representation and consultation by the Board and Union concerning any matter.
MANAGEMENT RIGHTS. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated or modified by the express terms and provisions of this Agreement are retained by the Employer.