Common use of APCD Rights Clause in Contracts

APCD Rights. The APCD retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which APCD operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent divisions, boards and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public. The APCD also retains the sole right to administer the Civil Service system, to classify or reclassify positions, add or delete positions or classes to or from the Classification and Salary Plan Resolution; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, contract out work, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The APCD retains the right to be the sole judge, subject to its Civil Service Rules and Procedures, of the qualification and competence of its officers and employees. Before implementing any decisions to contract out work or to transfer work out of the unit, the APCD shall notify the Union and upon request, negotiate the impact of such decision on employees' terms and conditions of employment, to the extent such terms and conditions are within the scope of representation. For purposes of this agreement, "contracting out work" and "transferring work out of the unit" refer to situations in which the APCD decides to contract out or transfer work out of the unit, pursuant to State law, and which results in the layoff, reduction in hours or otherwise directly impacts the wages, hours or other terms and conditions of employment (within the scope of representation) of APCD employees. Furthermore, "contracting out work" and "transferring work out of the unit" shall also refer to situations in which vacant bargaining unit positions are contracted out or transferred out of the unit. If the Union requests to negotiate the impacts of a decision to contract out work or transfer work out of the unit, the subjects of bargaining shall be limited to: the reasons, the expected financial impact and the anticipated impact on the quality of services provided. The APCD shall have the right to initiate the foregoing contracting out procedure three times during each year (July, October, and February). If the decision to contract out services would result in an employee being subject to layoff, the contract shall not be implemented any earlier than 30 days after notice to the Union, unless the parties mutually agree. The APCD reserves the right to take whatever action may be necessary in an emergency situation; however, the Union shall be notified promptly of any such emergency action which affects matters within the scope of the representation. This section is not intended to restrict consultation with employees or employee representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.

APCD Rights. The APCD retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which APCD operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent divisions, boards and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public. The APCD also retains the sole right to administer the Civil Service system, to classify or reclassify positions, add or delete positions or classes to or from the Classification and Salary Plan Resolution; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, contract out work, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The APCD retains the right to be the sole judge, subject to its Civil Service Rules and Procedures, of the qualification and competence of its officers and employees. Before implementing any decisions to contract out work or to transfer work out of the unit, the APCD shall notify the Union and upon request, negotiate the decision and the impact of such decision on employees' terms and conditions of employment, to the extent such terms and conditions are within the scope of representation. For purposes of this agreement, "contracting out work" and "transferring work out of the unit" refer to situations in which the APCD decides to contract out or transfer work out of the unit, pursuant to State law, and which results in the layoff, reduction in hours or otherwise directly impacts the wages, hours or other terms and conditions of employment (within the scope of representation) of APCD employees. Furthermore, "contracting out work" and "transferring work out of the unit" ", shall also refer to situations in which vacant bargaining unit positions are contracted out or transferred out of the unit. If the Union requests to negotiate the impacts of a decision to contract out work or transfer work out of the unit, the subjects of bargaining shall be limited toinclude: the reasons, the expected financial impact and the anticipated impact on the quality of services provided. The APCD shall have the right to initiate the foregoing contracting out procedure three times during each year (July, October, and February). If the decision to contract out services would result in an employee being subject to layoff, the contract shall not be implemented any earlier than 30 days after notice to the Union, unless the parties mutually agree. The APCD reserves the right to take whatever action may be necessary in an emergency situation; however, the Union shall be notified promptly of any such emergency action which affects matters within the scope of the representation. This section is not intended to restrict consultation with employees or employee representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.