BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all rights, powers, and authority the Board had prior to the Board retains the Agreement.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished herein by the Board, shall continue to vest exclusively in and be exercised by the Board without prior negotiations with the Association either as to the taking of action under such rights or 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 its business, its equipment, and its operations and to direct the working forces and affairs of the Board.
2. Continue its rights, policies, and practices of assignment and direction of its personnel, determine the number of personnel and scheduling of all foregoing, and the right to establish, modify or change any work or business of school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or duties to employees, 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 all methods and means of distributing, disseminating and/or selling its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including automation and the instruction of new and/or improved methods of changes therein.
5. Adopt rules and regulations.
6. Determine the qualifications of employees.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions, buildings or other facilities.
8. Determine the placement of operations, production, service, maintenance 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 conducted by the Board.
10. Determine the size of the management organization, its functions, autho...
BOARD RIGHTS. (1) After the resignation or termination, as applicable, of the directors and officers of the Company and its Subsidiaries effective as at the Acquisition Effective Time in accordance with Section 4.11 of the Arrangement Agreement, the Purchaser shall be entitled to designate all replacement directors and officers of the Company and its Subsidiaries to fill all such vacancies.
(2) During the period from the Acquisition Effective Date until the End Date, the Purchaser shall have the right to nominate a majority of the Persons for election to serve as directors on the Company Board (the “Board Nominees”).
(3) The Company shall provide written notice to the Purchaser not less than 20 days prior to the record date for shareholders of the Company to receive notice of a shareholders meeting at which directors will be elected to the Company Board. Such notice will include a reasonably detailed request for information regarding any Board Nominees that the Purchaser may be entitled to nominate in accordance with the terms of this Amendment that is required to be included in a proxy statement of the Company in respect of the meeting. At least 45 days before such meeting, the Purchaser will deliver to the Company, in writing, the names of the Board Nominees together with the information regarding such Board Nominees requested by the Company in accordance with the preceding sentence (the “Nomination Letter”). If the Purchaser fails to deliver the Nomination Letter to the Company at least 45 days before the Company’s shareholders meeting, the Purchaser shall be deemed to have nominated the same Board Nominee(s) that serve as directors of the Company at such time (and only such individuals).
(4) The Company shall cause the Board Nominee(s) to be included in the slate of nominees proposed by the Company to the shareholders for election as directors at each meeting of the shareholders at which directors are to be elected to the Company Board.
(5) The Company shall use commercially reasonable efforts to cause the election of the Board Nominee(s) to the Company Board, including soliciting proxies in favour of the election of the Board Nominee(s); provided, however, that the Company shall not be required to engage a proxy solicitation agent or otherwise spend out-of-pocket amounts in respect of the foregoing unless the Purchaser previously provides the Company with sufficient amounts to cover such expenses.
(6) If any Board Nominee ceases to hold office as a director of the ...
BOARD RIGHTS. The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself without limitation, all powers, rights, authority, duties and responsibilities conferred upon it and vested in it by the laws and Constitution of the State of Michigan and of the United States, including but without limiting the generality of the foregoing but not in conflict with the conditions of this Agreement, the right:
BOARD RIGHTS. A. The Board, on its own behalf and on behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan, and of the United States including, and without limiting the generality of the foregoing, the right:
1. To the executive management and administrative control of the school system and its properties and facilities, and the professional activities of its employees;
2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their continued employment, or their dismissal, or demotion; and to promote, and transfer all such employees;
3. To establish grade levels and courses of instruction, including special programs, and to provide for athletic, recreational, and social events for students, all as deemed necessary or advisable by the Board;
4. To decide upon the means and methods of instruction, the approval of textbooks and other teaching materials, and the use of teaching aids of every kind and nature;
5. To determine class schedules, hours of instruction, duties, responsibilities, assignments and the terms and conditions of employment of bargaining unit employees and other employees with respect to administrative and non-teaching activities.
6. To discipline an employee or group of employees for willful violation of this Agreement.
B. Copyright Any materials prepared by an employee specifically for their teaching assignment shall become the property of the Board for use in this school system. No syndication or sale of this material may be made without the express release of the creator and the Board. Such restrictions shall be limited to materials produced on school time or during Board subsidized courses.
C. The exercise of the foregoing powers, rights, authority, duties and responsibilities by 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 are in conformance with the Constitution and laws of the State of Michigan, and the Constitution and laws of the United States.
BOARD RIGHTS. A. The Board on its own behalf and on behalf of the electors of the district hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws of the Constitution of the State of Michigan, and of the United States, including, but without limiting the generality of the foregoing, the right:
1. To the executive management and administrative control of the school system and its properties and facilities, and the activities of its employees;
2. To hire all employees and, subject to the provisions of law, to determine their qualifications and the conditions for their continued employment or their dismissal or demotion; and to promote, and transfer all such employees;
3. To establish grades and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board;
4. To decide upon the means and methods of instruction, the selection of textbooks and other teaching materials and the use of teaching aids of every kind and nature;
5. To determine class schedules, the hours of instruction, and the duties, responsibilities, and assignments of teachers and other employees with respect thereto, and with respect to administrative and non-teaching activities, and the terms and conditions of employment.
B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by 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 are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States.
BOARD RIGHTS. The Board, on behalf of the electors of Community College District 512, retains and reserves the ultimate responsibilities for the proper management of the college district conferred upon and vested in it by the Statutes and Constitution of the State of Illinois and the United States. Nothing herein shall be construed to deny or restrict the Board of its rights, responsibilities and authority under the Illinois Public Community College Act, the Illinois Educational Labor Relations Act, or any other national, state, county or local law or regulation applicable to an Illinois Community College.
BOARD RIGHTS. 6.1 The Board and its agents have the responsibility and the authority to manage and direct all of the operations and activities of the District to the full extent authorized by law. All of the rights and powers that the Board had prior to the execution of this Agreement are retained by it. Nothing in this Agreement shall be deemed to limit or control the exercise of the same unless, and only to the extent, they are expressly and specifically limited by this Agreement.
6.2 These rights and powers include, but are not limited to: the rights to the executive management and administrative control of the school system, employees, properties and facilities; the rights to hire, direct, assign, evaluate, recall, demote and promote employees; to determine the qualifications of employees to perform available work; to reprimand, suspend, and discharge employees (non-probationary employees for just cause); to maintain discipline, order and efficiency of employees; to lay off employees for lack of work or other legitimate reason as provided herein; to increase or reduce the work hours, day or week; to schedule shifts and hours of work not in conflict with this Agreement; to change, eliminate or establish new job classifications after notice to the Association in accordance with this Agreement as written; to establish the work content of existing or new classifications; to plan for and manage its affairs efficiently and economically including the determination of the quantity of service to be performed; to determine the number of employees and to determine and adjust the size of the management work force and to determine and adjust the schedules and location or relocation of work; to determine, adjust and eliminate the means, methods and procedures of work and to introduce new and improved means, methods and procedures; to discontinue any service, function or operation; to establish, revise and maintain and enforce work standards; to determine the policy affecting selection, training or testing of employees, providing such selection shall be based upon lawful criteria; to determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; and to determine the supplies, services and equipment necessary to continue its operations. The exercise of such Board rights shall only be limited by the terms of this Agreement as written.
6.3 Except as otherwise provided herein, all reasonable rules, regulations, policies, and proc...
BOARD RIGHTS. The Board, subject to the terms herein, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws, including Chapter 123, Laws of 1974, the Constitution of the State of New Jersey and of the United States, and all decisional law and rules and regulations of the State Department of Education and Commissioner of Education of the State of New Jersey.
BOARD RIGHTS. The Lake Xxxxxx-Xxxxxxx Public Schools are a general powers school district in accordance with Public Act 289 of 1995, Public Act 451 of 1976, M.C.L. 380.11a, as amended.
A. Except as modified by the specific terms of this Master Agreement the Board retains all rights and powers to manage the Lake Xxxxxx-Xxxxxxx Public Schools, and to direct its employees through its administrative personnel. The exercise of the following powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules and connection therewith shall be limited only by the specific and express terms of this Agreement. The Association expressly recognizes and refers to these management rights and responsibilities as conferred by the laws and constitution of the State of Michigan. Such rights shall include by illustration and not by way of limitation, the right:
1. To execute management and administrative control of the school system and its properties and facilities, and the school activities of its employees during the employee working hours.
2. To hire all employees and, subject to the provisions of law, to evaluate and determine their qualifications and conditions for their employment and their continued employment, or their dismissal or demotion; and to promote, and transfer all such employees. In emergency situations, the Board may waive the degree requirements; employment shall comply with state certification code.
3. To approve and establish levels and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students.
4. To approve and provide the selection of textbooks, teaching materials, technology, and aids necessary for an adequate instructional program and have the foregoing available by the opening of school under normal circumstances.
5. To determine class schedules, the hours of instruction, and the duties, responsibilities, and assignments of teachers subject to the express provisions of this Agreement.
6. To reprimand, discipline or discharge employees, but not in conflict with the terms of this Agreement or the laws of the State of Michigan.
7. To adopt rules and regulations.
8. “An emergency manager appointed under the local government and school district fiscal accountability act may reject, modify or terminate the collective bargaining agreement as provided within the “Local government and school district fiscal accountability act.”
B. It is the responsibility of the Board to ...
BOARD RIGHTS. The Association recognizes that the Board has final responsibility and authority to manage and direct, in behalf of the public, all the operations and activities of the school district to the full extent authorized by law.
