Common use of 20 MANAGEMENT RIGHTS Clause in Contracts

20 MANAGEMENT RIGHTS. 21 5.1 It is the right of the Public Employer to unilaterally determine the purpose of 22 each of its constituent agencies, set standards of services to be offered to 23 the public and exercise control and discretion over its organization and 24 operations. 25 5.2 Except as otherwise provided herein, the Union recognizes the sole and 26 exclusive rights, powers and authority of the Public Employer further include, 27 but are not limited to, the following: to direct and manage employees of the 28 City; to hire, promote, transfer, schedule, assign and retain employees; to 29 suspend, demote, discharge or take other disciplinary action against 30 employees for just cause; to relieve employees from duty because of lack of 31 work, funds or other legitimate reasons to maintain the efficiency of its 1 operations, including the right to contract and subcontract existing and future 2 work; to determine the duties to be included in job classifications and the 3 numbers, types and grades of positions or employees assigned to an 4 organizational unit, department or project; to assign overtime and to 5 determine the amount of overtime required; to control and regulate the use of 6 all its equipment and property; to establish and require employees to observe 7 all its rules and regulations; to conduct performance evaluations and to 8 determine internal security practices. The employer agrees that, prior to 9 substantial permanent layoff of bargaining unit members, it will discuss such 10 with the Union. 11 5.3 If, in the sole discretion of the Public Employer, it is determined that civil 12 emergency conditions exist, or are imminent including, but not limited to, 13 riots, civil disorders, severe weather conditions (or similar catastrophes) the 14 scheduling (Article 14.2) and time limit (Article 8) provisions of this 15 Agreement may be suspended in writing by the City Manager or the 16 General Manager for Utilities or those acting directly in their position during 17 the time of the declared emergency, provided that wage rates and 18 monetary fringe benefits shall not be suspended. Should an emergency 19 arise, the Union President shall be advised as soon as possible of the 20 nature of the emergency. Both parties recognize that it is in their 21 mutual best interest to communicate prior to a suspension of the 22 Agreement. 23 ARTICLE 6

20 MANAGEMENT RIGHTS. 21 5.1 4.1 It is the right of the Public Employer to determine unilaterally determine the purpose of 22 each of its 22 constituent agencies, set standards of services to be offered to 23 the public and 23 exercise control and discretion over its organization and 24 operations. 25 5.2 Except as otherwise provided herein24 4.2 In addition, the Union FOP recognizes the sole and 26 exclusive rights, powers and 25 authority of the Public Employer further include, 27 but are not limited to, the following: to 26 direct and manage employees of the 28 City; to hire, promote, transfer, schedule, 27 assign and retain employees; , to 29 suspend, demote, discharge or take other 28 disciplinary action against 30 employees for just cause; to relieve employees from 29 duty because of lack of 31 work, funds funds, or other legitimate reasons reasons; to maintain the 30 efficiency of its 1 operations, operations including the right to contract and subcontract existing 1 and future 2 work; to determine the duties to be included in job classifications and 2 the 3 numbers, types and grades of positions or employees assigned to an 4 3 organizational unit, department or project; to assign overtime and to 5 determine 4 the amount of overtime required; to control and regulate the use of 6 all its 5 equipment and property; to establish and require employees to observe 7 all its 6 rules and regulations; , to conduct performance evaluations evaluations; and to 8 determine 7 internal security practices. The employer Employer agrees that, prior to 9 substantial permanent layoff lay-off of FOP 8 bargaining unit members, it will discuss such 10 with the UnionFOP. 11 5.3 9 4.3 If, in the sole discretion of the Public EmployerCity Manager/Designee, it is determined that civil 12 10 emergency conditions exist, or are imminent including, but not limited to, 13 riots, civil disorders, 11 severe weather conditions (or similar catastrophes) catastrophe), the 14 scheduling (Article 14.2) and time limit (Article 8) provisions of this 15 12 Agreement may be suspended in writing by the City Manager or the 16 General Manager for Utilities or those acting directly in their position Manager/designee during 17 the time of 13 the declared emergency, provided that wage rates and 18 monetary fringe benefits 14 shall not be suspended. Should an emergency 19 arise, the Union President FOP shall be advised 15 as soon as possible of the 20 nature of the emergency. Both parties recognize that it is in their 21 mutual best interest to communicate prior to a suspension of the 22 Agreement. 23 ARTICLE 6.

20 MANAGEMENT RIGHTS. 21 5.1 4.1 It is the right of the Public Employer to determine unilaterally determine the purpose of 22 each of its 22 constituent agencies, set standards of services to be offered to 23 the public and 23 exercise control and discretion over its organization and 24 operations. 25 5.2 Except as otherwise provided herein24 4.2 In addition, the Union FOP recognizes the sole and 26 exclusive rights, powers and 25 authority of the Public Employer further include, 27 but are not limited to, the following: to 26 direct and manage employees of the 28 City; to hire, promote, transfer, schedule, 27 assign and retain employees; , to 29 suspend, demote, discharge or take other 28 disciplinary action against 30 employees for just cause; to relieve employees from 29 duty because of lack of 31 work, funds funds, or other legitimate reasons reasons; to maintain the 30 efficiency of its 1 operations, operations including the right to contract and subcontract existing 1 and future 2 work; to determine the duties to be included in job classifications and 2 the 3 numbers, types and grades of positions or employees assigned to an 4 3 organizational unit, department or project; to assign overtime and to 5 determine 4 the amount of overtime required; to control and regulate the use of 6 all its 5 equipment and property; to establish and require employees to observe 7 all its 6 rules and regulations; , to conduct performance evaluations evaluations; and to 8 determine 7 internal security practices. The employer Employer agrees that, prior to 9 substantial 8 permanent layoff lay-off of FOP bargaining unit members, it will discuss such with the 10 with the Union. 11 5.3 4.3 If, in the sole discretion of the Public EmployerCity Manager/Designee, it is determined that civil 12 11 emergency conditions exist, or are imminent including, but not limited to, 13 riots, civil disorders, 12 severe weather conditions (or similar catastrophes) catastrophe), the 14 scheduling (Article 14.2) and time limit (Article 8) provisions of this 15 13 Agreement may be suspended in writing by the City Manager or the 16 General Manager for Utilities or those acting directly in their position Manager/designee during 17 the time of 14 the declared emergency, provided that wage rates and 18 monetary fringe benefits 15 shall not be suspended. Should an emergency 19 arise, the Union President FOP shall be advised 16 as soon as possible of the 20 nature of the emergency. Both parties recognize that it is in their 21 mutual best interest to communicate prior to a suspension of the 22 Agreement. 23 18 ARTICLE 65