Common use of Agency; Authority Clause in Contracts

Agency; Authority. A. All rights of management are retained by the Agencies except to the extent that this Agreement limits such rights. These rights include, but are not limited to, the right to manage and operate their programs and to direct their workforces; to determine the scope and character of the services rendered by them or the expansion or contraction of their activities; to sell or lease any of their programs or any portion thereof; to merge Agencies or any of their programs or services or to operate them as joint ventures; to assign, transfer, or reassign work; to determine the quality of work, the amount of work to be performed by bargaining unit employees, who shall perform it, and the location where it shall be performed; to hire employees of their own choosing, to promote, transfer, train, demote, layoff, and recall employees; to suspend, discipline or discharge employees in accordance with this Agreement; to determine job content and the assignment of overtime; to establish, change and modify work and performance standards and the experiential, educational, licensure, or certification requirements for jobs; and to establish reasonable work rules in accordance with Paragraph C of this Article. The specific rights stated in this Paragraph shall not be deemed to be all-inclusive, but merely indicate the type of rights which shall belong to and are inherent in the management of the Agencies. B. The Agencies agree that prior to implementing any decision to subcontract, contract out, or outsource any work performed by employees in the bargaining unit, the Agency shall meet, confer and bargain with the Union regarding the decision and its impact. The Agencies shall provide the Union notice at least sixty (60) days prior to the planned implementation. Upon request by the Union, the Agency shall make available to the Union a description of the services to be so performed, the factual basis supporting the reason for such action and such other information as is relevant to such action. The result of the bargaining shall not be reviewable under Article XXVI of this Agreement. The provisions of this Paragraph shall not apply to the utilization of outside services to provide temporary staffing due to employee absences or staffing shortages for which an Agency is unable to hire qualified applicants. C. Each Agency shall establish reasonable work rules which are subject to changes, additions or deletions by the Agency. Such rules and any changes, additions or deletions shall be uniformly enforced within each Agency and shall be posted on the Union bulletin boards at each Agency building where such bulletin boards are required by this Agreement at least 72 hours prior to the implementation of any such changes, additions or deletions. With respect to the Council for Jewish Elderly (d/b/a CJE SeniorLife), work rules applicable to its community facilities and programs shall be uniformly enforced as to those facilities and programs. Work rules established for the long-term care employees at the Xxxxxxxxx Center, Robineau Residence, the Xxxxxxxx Community for Senior Living and any future long-term care facilities shall be uniformly enforced with respect to said employees at those facilities. “Uniformly enforced” for the purposes of this Paragraph means reasonably consistent and equitable application of the rules, subject to accepted differences in work schedules, assignments, programs and the nature of the responsibilities as between professional and program staff, clerical employees and hourly employees. The Agencies and the Union are committed to an alcohol and drug free workplace, and toward that end, the Union recognizes the Agencies’ obligation to comply with all applicable laws and regulations related thereto. In furtherance of such commitment, the parties have entered into a Drug and Alcohol Agreement incorporated by reference herein Appendix C.

Agency; Authority. A. All rights of management are retained by the Agencies except to the extent that this Agreement limits such rights. These rights include, but are not limited to, the right to manage and operate their programs and to direct their workforces; to determine the scope and character of the services rendered by them or the expansion or contraction of their activities; to sell or lease any of their programs or any portion thereof; to merge Agencies or any of their programs or services or to operate them as joint ventures; to assign, transfer, or reassign work; to determine the quality of work, the amount of work to be performed by bargaining unit employees, who shall perform it, and the location where it shall be performed; to hire employees of their own choosing, to promote, transfer, train, demote, layoff, and recall employees; to suspend, discipline or discharge employees in accordance with this Agreement; to determine job content and the assignment of overtime; to establish, change and modify work and performance standards and the experiential, educational, licensure, or certification requirements for jobs; and to establish reasonable work rules in accordance with Paragraph C of this Article. The specific rights stated in this Paragraph shall not be deemed to be all-inclusive, but merely indicate the type of rights which shall belong to and are inherent in the management of the Agencies. B. The Agencies agree that prior to implementing any decision to subcontract, contract out, or outsource any work performed by employees in the bargaining unit, the Agency shall meet, confer and bargain with the Union regarding the decision and its impact. The Agencies shall provide the Union notice at least sixty (60) days prior to the planned implementation. Upon request by the Union, the Agency shall make available to the Union a description of the services to be so performed, the factual basis supporting the reason for such action and such other information as is relevant to such action. The result of the bargaining shall not be reviewable under Article XXVI of this Agreement. The provisions of this Paragraph shall not apply to the utilization of outside services to provide temporary staffing due to employee absences or staffing shortages for which an Agency is unable to hire qualified applicants. C. Each Agency shall establish reasonable work rules which are subject to changes, additions or deletions by the Agency. Such rules and any changes, additions or deletions shall be uniformly enforced within each Agency and shall be posted on the Union bulletin boards at each Agency building where such bulletin boards are required by this Agreement at least 72 hours prior to the implementation of any such changes, additions or deletions. With respect to the Council for Jewish Elderly (d/b/a CJE SeniorLife), work rules applicable to its community facilities and programs shall be uniformly enforced as to those facilities and programs. Work rules established for the long-long term care employees at the Xxxxxxxxx Center, Robineau Residence, the Xxxxxxxx Community for Senior Living and any future long-long term care facilities shall be uniformly enforced with respect to said employees at those facilities. “Uniformly enforced” for the purposes of this Paragraph means reasonably consistent and equitable application of the rules, subject to accepted differences in work schedules, assignments, programs and the nature of the responsibilities as between professional and program staff, clerical employees and hourly employees. The Agencies and the Union are committed to an alcohol and drug free workplace, and toward that end, the Union recognizes the Agencies’ obligation to comply with all applicable laws and regulations related thereto. In furtherance of such commitment, the parties have entered into a Drug and Alcohol Agreement incorporated by reference herein Appendix C.