Common use of BOARD OF EDUCATION RIGHTS Clause in Contracts

BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of the action under such rights with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations, and to direct the working forces and affairs of the employer. 2. Determine the number of shifts and hours of work, starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business hours or days. 3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees subject to the terms of the Agreement, transfer employees, assign work or extra duties to employees (if above the employee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employees. 4. Determine the services, supplies, and equipment necessary to continue its operations and to determine the methods, schedules, and standards of operation, the means, methods, and processes of carrying on the work or changes therein, the institution of new and/or improved methods or change therein. 5. Adopt rules and regulations that shall be uniformly applied to all employees within the bargaining unit. 6. Determine the qualifications of employees in accordance with the Americans with Disabilities Act. 7. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement or distribution of work and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided in this Agreement. 11. Determine the selection, testing, or training of employees, providing that such selection shall be based upon the lawful criteria. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreement.

Appears in 9 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of the action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, and the operations, and to direct the working forces and affairs of the employerDistrict. 2. Determine Continue its rights and past practice of assignment and direction of work for all of its personnel, determine the number of shifts and hours of work, work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, modify or change any work or business hours or days.. If during the life of this Agreement the Board creates a new classification that is within the bargaining unit, the Board will notify the President and Vice- President of the Association of the proposed rate of pay and if the Association notifies the management within ten (10) days of receipt of proposed rates it wishes to negotiate the rate of pay, the parties will commence negotiation. Management may temporarily fill the position until negotiation is concluded. Once the parties agree on rates of pay for the new position, it will then be posted in accordance with Article 10, Section A. 3. The right to direct the working forceswork force, including the right to hire, promote, suspend discipline and discharge employees subject to the terms of the AgreementEmployees, transfer employeesEmployees, assign work or extra duties to employees Employees (if above the employeeEmployee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employeeslayoff Employees. 4. Determine the services, supplies, and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, and processes of carrying on the work or changes therein, the institution of new and/or improved methods or change changes therein. 5. Adopt rules and regulations that shall be uniformly applied to which are not in conflict with terms and conditions contained in the Collective Bargaining Agreement. Employees will receive a copy of all employees within the bargaining unitwritten rules and regulations. 6. Determine the qualifications of employees in accordance with Employees, including an Employee’s ability to perform the Americans with Disabilities Actessential job functions of a position. 7. Determine the number and location locations or relocation relocations of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, service, maintenance or distribution of work work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization or organizational structure provided that the Employer Board shall not abridge any rights from employees of Employees as specifically provided in this Agreement. 11. Determine the policy affecting the selection, testing, testing or training of employeesEmployees, providing that such selection shall be based upon the lawful criteria. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General Revised School laws Code or any other nationalfederal, state, county, district, district or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreementeducation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

BOARD OF EDUCATION RIGHTS. The Union recognizes that the Employer has the responsibility and authority to adopt reasonable rules or policies, and to manage and direct, on behalf of the public, operations and activities of the Morrice Area Schools. The Employer recognizes that this Agreement sets forth limitations on the above-named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, Board shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association Union either as to the taking of the action under such rights with or respect to the consequence consequences of such action during the term of this Agreement. Such rights shall include, include by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's ’s business, the equipment, and the operations, other operations and to direct the working forces and affairs of the employer. 2. Determine Continue its rights and past practice of assignment and direction of work to all of its personnel, determine the number of shifts and hours of work, work and the starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, modify or change any work or business hours or days. 3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees subject to the terms of the Agreementemployees, transfer employees, assign work or extra duties to employees (if above the employee's ’s classification, such assignment assignments will be temporary and of a short durationtemporary), determine the size of the work force and to lay off layoff employees. 4. Determine the services, supplies, supplies and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, methods and processes of carrying on the work work, including automation thereof or changes therein, the institution of new and/or improved methods or change changes therein. 5. Adopt reasonable rules and regulations that shall be uniformly applied to all employees within the bargaining unitregulations. 6. Determine the qualifications of employees in accordance with the Americans with Disabilities Actemployees, including physical conditions. 7. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, service, maintenance or distribution of work work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from of employees as specifically provided for in this Agreement. 11. Determine the policy affecting the selection, testing, testing or training of employees, providing that such selection shall be based upon the on lawful criteria. B. The matters contained in this Agreement and/or the exercise of the foregoing powers, rights, authority, duties and responsibilities any such rights of the Board, Employer are not subject to further negotiations between the adoption of policies, rules, regulations and practices in furtherance thereof, and parties during the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions term of this Agreement.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of the action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, and the operations, and to direct the working forces and affairs of the employerDistrict. 2. Determine Continue its rights and past practice of assignment and direction of work for all of its personnel, determine the number of shifts and hours of work, work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, modify or change any work or business hours or days.. If during the life of this Agreement the Board creates a new classification that is within the bargaining unit, the Board will notify the President and Vice-President of the Association of the proposed rate of pay and if the Association notifies the management within ten (10) days of receipt of proposed rates it wishes to negotiate the rate of pay, the parties will commence negotiation. Management may temporarily fill the position until negotiation is concluded. Once the parties agree on rates of pay for the new position, it will then be posted in accordance with Article 10, Section A. 3. The right to direct the working forceswork force, including the right to hire, promote, suspend discipline and discharge employees subject to the terms of the AgreementEmployees, transfer employeesEmployees, assign work or extra duties to employees Employees (if above the employeeEmployee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employeeslayoff Employees. 4. Determine the services, supplies, and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, and processes of carrying on the work or changes therein, the institution of new and/or improved methods or change changes therein. 5. Adopt rules and regulations that shall be uniformly applied to which are not in conflict with terms and conditions contained in the Collective Bargaining Agreement. Employees will receive a copy of all employees within the bargaining unitwritten rules and regulations. 6. Determine the qualifications of employees in accordance with Employees, including an Employee’s ability to perform the Americans with Disabilities Actessential job functions of a position. 7. Determine the number and location locations or relocation relocations of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, service, maintenance or distribution of work work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization or organizational structure provided that the Employer Board shall not abridge any rights from employees of Employees as specifically provided in this Agreement. 11. Determine the policy affecting the selection, testing, testing or training of employeesEmployees, providing that such selection shall be based upon the lawful criteria. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General Revised School laws Code or any other nationalfederal, state, county, district, district or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreementeducation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of the action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, and the operations, and to direct the working forces and affairs of the employerDistrict. 2. Determine Continue its rights and past practice of assignment and direction of work for all of its personnel, determine the number of shifts and hours of work, work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, modify or change any work or business hours or days.. If during the life of this Agreement the Board creates a new classification that is within the bargaining unit, the Board will notify the President and Vice-President of the Association of the proposed rate of pay and if the Association notifies the management within ten (10) days of receipt of proposed rates it wishes to negotiate the rate of pay, the parties will commence negotiation. Management may temporarily fill the position until negotiation is concluded. Once the parties agree on rates of pay for the new position, it will then be posted in accordance with Article 10, Section A. 3. The right to direct the working forceswork force s, including the right to hire, promote, suspend discipline and discharge employees subject to the terms of the AgreementEmployees, transfer employeesEmployees, assign work or extra duties to employees Employees (if above the employeeEmployee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employeeslayoff Employees. 4. Determine the services, supplies, and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, and processes of carrying on the work or changes therein, the institution of new and/or improved methods or change changes therein. 5. Adopt rules and regulations that shall be uniformly applied to which are not in conflict with terms and conditions contained in the Collective Bargaining Agreement. Employees will receive a copy of all employees within the bargaining unitwritten rules and regulations. 6. Determine the qualifications of employees in accordance with Employees, including an Employee’s ability to perform the Americans with Disabilities Actessential job functions of a position. 7. Determine the number and location locations or relocation relocations of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, service, maintenance or distribution of work work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization or organizational structure provided that the Employer Board shall not abridge any rights from employees of Employees as specifically provided in this Agreement. 11. Determine the policy affecting the selection, testing, testing or training of employeesEmployees, providing that such selection shall be based upon the lawful criteria. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General Revised School laws Code or any other nationalfederal, state, county, district, district or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreementeducation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association Union either as to the taking of the action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, and the operations, and to direct the working forces and affairs of the employerEmployer. 2. Determine the number of shifts and hours of work, work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, modify or change any work or business hours or days. 3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees subject to the terms of the this Agreement, transfer employees, assign work or extra duties to employees (if above the employee's classificationemployees, such assignment will be temporary job duties and of a short duration)content, determine the size of the work force force, and to lay off layoff employees. 4. Determine the services, supplies, and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, methods and processes of carrying on the work or changes thereinchanges, the institution of new and/or improved methods or of change therein. 5. Adopt reasonable rules and regulations that which shall be uniformly applied to all employees within the bargaining unit. 6. Determine the qualifications of employees employees, including physical fitness and conditions as listed in accordance with the Americans with Disabilities Actjob descriptions. 7. Determine the number and location or relocation of its facilities, facilities including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement or distribution of work work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of or organization provided that the Employer employer shall not abridge any rights from employees as specifically provided in this Agreement. 11. Determine the selection, testing, testing or training of employees, providing that such selection shall be based upon the lawful criteria. 12. Continue to have the right to establish, modify or change any condition. 13. Monitor, establish and modify performance standards per rules and regulations and consistent with grants. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws Laws or any other national, state, countycountry, district, or local laws or regulations as they pertain to education and the transportation of children in connection therewithherewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreement. A. The Employer and the Union shall not discriminate on the basis of race, religion, color, age, sex, marital status, national origin, or disability which does not affect the ability of an employee to perform assigned job duties. B. This article shall not be subject to the grievance procedure.

Appears in 1 contract

Samples: Master Agreement

BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association union either as to the taking of the action under such rights or with respect to the consequence of such action during the term of this Agreementagreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the schoolagency's business, the its equipment, its operations and the operations, work force and to direct the working forces and affairs of the employeragency. 2. Determine the number of shifts and hours of work, starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business hours or days. 3. The right to direct Direct the working forces, including the right to hire, promote, suspend suspend, discharge and discharge transfer employees subject and to the terms of the Agreement, transfer employees, assign work or extra duties to employees (if above the employee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employeesforce. 43. Determine the services, supplies, supplies and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, methods and processes of carrying on the work or changes therein, and the institution of new and/or improved methods or change of changes therein. 54. Adopt rules and regulations that shall not in conflict with this agreement (10 day notice will be uniformly applied to all employees within the bargaining unitprovided except as required by emergency situations or requests for immediate changes by constituent districts). 65. Determine the qualifications of employees in accordance with the Americans with Disabilities Actemployees. 76. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 87. Determine the placement of operations, production, service, maintenance or distribution of work work, and the source of materials and supplies. 98. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 109. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization organization, provided that the Employer Board shall not abridge any rights from of employees as specifically provided in this Agreementagreement. 1110. Determine the policy affecting the selection, testing, testing or training of employees, providing that such selection shall be based upon the lawful criteria. B. criteria and shall not be in conflict with this agreement. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United Statesthis agreement. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School general school laws or any other national, state, county, district, district or local laws or regulations as they that pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreementeducation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest 'exclusively in and be exercised exclusively by the Board without prior negotiations with the Association Union either as to the taking of the action under such rights with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, and the operations, and to direct the working forces and affairs of the employer. 2. Determine the number of shifts and hours of work, work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business hours or days. 3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees subject to the terms of the Agreement, transfer employees, assign work or extra duties to employees (if above the employee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off layoff employees. 4. Determine the services, supplies, and equipment necessary to continue its operations and to determine the methods, schedules, and standards of operation, the means, methods, and processes of carrying on the work or changes therein, the institution of new and/or improved methods or change necessary to continue its and standards of operation, work or changes therein, the therein. 5. Adopt rules and regulations that which shall be uniformly applied to all employees within the bargaining unit. 6. Determine the qualifications of employees in accordance with the Americans with Disabilities Actemployees, including physical fitness and conditions. 7. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of officesoffice, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement or distribution of work work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization provided that the Employer employer shall not abridge any rights from employees as specifically provided in this Agreement. 11. Determine the selection, testing, or training of employees, providing that such selection shall be based upon the lawful criteria. B. . The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreement.

Appears in 1 contract

Samples: Bus Drivers' Master Contract

BOARD OF EDUCATION RIGHTS. A. The Board reserves the right to the contrary, to promulgate new policies from time to time as the need arises, but not to conflict with the provisions of this Agreement. B. The Employer agrees to pay the legally specified contribution to the Michigan Public Schools Employees Retirement Fund on the gross wages for each Employee covered by this Agreement. C. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Educationhereby retains and reserves unto itself, except those which are clearly without limitation and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with w i t h t h e A s s o c i a t i o n , a l l the Association either as to powers, rights, authority, duties and responsibilities enumerated in the taking Revised School Code and conferred upon and vested in it by the Laws and Constitution of the action under such rights with respect to State of Michigan and of the consequence of such action during the term of this Agreement. Such rights shall includeUnited States, including by way of illustration and not by way of limitation, the right rights to: 1. Manage The executive management and administrative control of the school's businessSchool District, the its properties, equipment, the operationsfacilities, and operations and to direct the working forces employment activities and affairs of the employer.its Employees; 2. Determine the number of shifts Hire all Employees and hours of work, starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, determine their qualifications and the right to establish, modify, or change any work or business hours or days.conditions of their continued employment; 3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees subject to the terms of the AgreementPromote, transfer employees, and assign work or extra duties to employees (if above the employee's classification, such assignment will be temporary and of a short duration), determine all Employees; 4. Determine the size of the work force force, and to lay off employees.expand or reduce the work force; 45. Establish, continue or revise policies and adopt work rules and regulations; 6. Dismiss, demote and discipline Employees; 7. Establish, modify or change any work, business or school hours or days; 8. Determine the services, supplies, supplies and equipment necessary to continue for its operations and to determine the all methods and means of distributing, disseminating and/or delivering its services and methods, schedules, schedules and standards of operation, the means, methods, methods and processes of carrying on the work work, including automation or sub-contracting thereof or changes therein, and the institution of new and/or improved methods or change thereinmethods. 5. Adopt rules and regulations that shall be uniformly applied to all employees within the bargaining unit. 6. Determine the qualifications of employees in accordance with the Americans with Disabilities Act. 79. Determine the number and location or relocation of its facilities, facilities including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, sub-division of buildings or other facilities. 8. Determine the placement or distribution of work and the source of materials and supplies. 910. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine relations and determine the size of the management its administrative organization, its functions and functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided in this Agreementorganization. 11. Determine the selection, testing, or training of employees, providing that such selection shall be based upon the lawful criteria. B. D. The exercise of the foregoing powers, rights, authority, duties and responsibilities of by the Board, the adoption of policies, rules, regulations rules and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by consistent with Board policies then in effect and the specific and express terms hereof and of this Agreement providing the same are in conformance with the Constitution and laws legal. The express inclusion by an affirmative statement or delineation of any specific rights of the State of Michigan Board anywhere in this Agreement shall not by implication exclude or diminish those remaining rights and the Constitution and laws powers of the United StatesBoard not so mentioned and hereby retained by the Board. Nothing contained herein In the event of a claim of misinterpretation or misapplication of this Agreement, the integrity of this article shall be considered to deny preserved and provide the paramount premise for interpretation or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions application of this Agreement.

Appears in 1 contract

Samples: Employment Agreement

BOARD OF EDUCATION RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, board except those which are clearly and expressly relinquished herein by the Boardboard, shall continue to vest exclusively in and be exercised exclusively by the Board board without prior negotiations with the Association union either as to the taking of the action under such rights or with respect to the consequence of such action during the term of this Agreementagreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the schoolagency's business, the its equipment, its operations and the operations, work force and to direct the working forces and affairs of the employeragency. 2. Determine the number of shifts and hours of work, starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business hours or days. 3. The right to direct Direct the working forces, including the right to hire, promote, suspend suspend, discharge and discharge transfer employees subject and to the terms of the Agreement, transfer employees, assign work or extra duties to employees (if above the employee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employeesforce. 43. Determine the services, supplies, supplies and equipment necessary to continue its operations and to determine the methods, schedules, schedules and standards of operation, the means, methods, methods and processes of carrying on the work or changes therein, and the institution of new and/or improved methods or change of changes therein. 54. Adopt rules and regulations that shall not in conflict with this agreement (10 day notice will be uniformly applied to all employees within the bargaining unitprovided except as required by emergency situations or requests for immediate changes by constituent districts). 65. Determine the qualifications of employees in accordance with the Americans with Disabilities Actemployees. 76. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 87. Determine the placement of operations, production, service, maintenance or distribution of work work, and the source of materials and supplies. 98. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 109. Determine the size of the management organization, its functions and functions, authority, amount of supervision and table of organization organization, provided that the Employer board shall not abridge any rights from of employees as specifically provided in this Agreementagreement. 1110. Determine the policy affecting the selection, testing, testing or training of employees, providing that such selection shall be based upon the lawful criteria. B. criteria and shall not be in conflict with this agreement. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Boardboard, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United Statesthis agreement. Nothing contained herein shall be considered to deny or restrict the Board board of its rights, responsibilities, and authority under the Michigan General School general school laws or any other national, state, county, district, district or local laws or regulations as they that pertain to education and the transportation of children in connection therewith. None of the provisions of this Article shall be applied in a manner inconsistent with any other provisions of this Agreementeducation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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