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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board. 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 exclusively 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 the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer. 2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, 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, transfer employees, effectuate an employee evaluation system, assign work or extra 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 the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein. 5. Adopt reasonable rules and regulations. 6. Determine the qualifications of employees, including physical conditions. 7. Determine the location or relocation of its facilities, including the establishment or relocations or 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, services, 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. 10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement. 11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria. 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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States. D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Master Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Laws laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the BoardBoard 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 exclusively 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 Agreementagreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. Manage and control the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the EmployerBoard.
2. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 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, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work work, including automation thereof or changes therein, and the instruction of new and/or improved methods or of changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or 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, servicesservice, maintenance or distribution of work, and the source of materials and supplies.
9. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relationsrelations conducted by the Board.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization or organization, provided that the Employer Board 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 lawful criteria.
12. The Board shall continue to have exclusive right to establish, modify or change any condition except those covered by provisions of the Agreement.
13. The Board shall determine all methods and means to carryon the operation of the schools.
14. To exercise management and administrative control of the school system, and its properties and facilities.
15. To establish courses of instruction and in-service training programs for employees, and to require attendance at any workshop, conference, etc., by employees, including special programs during the workday.
16. To establish hiring procedures and qualifications.
17. The Board and/or its representatives may adopt rules and regulations not in conflict with the terms of this Agreement concerning the discipline of employees.
18. The Board shall continue the right to determine and re-determine job content.
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 terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws laws of the State of Michigan, Michigan and the Laws laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the The Board of its retains and reserves unto itself all rights, responsibilitiespowers, privileges, responsibility, and authority under vested in it and conferred upon it by the Laws of laws, state statutes, rules, regulations, and the State constitutions of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished Rights reserved exclusively herein by the Board, District shall continue to vest exclusively in and be exercised exclusively by the Board District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights The exercise of the following powers, the adoption of policies, and the use of judgment by the Board shall be limited only by the terms of this contract, the Public Employees Relations Act, and of the constitutions and laws of Michigan and the United States and shall include, by way of illustration and not by way of limitation, the right to:
Section 1. : Manage and control the school's District’s business, the equipment, the operations and to direct the working forces operations, and affairs of as the Employer.employer;
Section 2. : Continue its rights and past practice of employee assignment and direction of work of all of its personnel, determine ; set the number of shifts and daily hours of work, starting and ending times, length of the work year, 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 workloads, business hours hours, or days.;
Section 3. : The right to direct the working forces, forces including the right to hire, promote, suspend suspend, and discharge employees, ; to transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, ; determine the size of the work force and to lay off employeesemployees in conformance with the provisions of this Agreement.
Section 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, and processes of carrying on the work including automation thereof or changes therein, ; the instruction institution of new and/or improved methods or of changes therein.;
Section 5. : Adopt reasonable rules and regulations.;
Section 6. Determine : Subject to the provisions of law, determine the qualifications of employees, employees including physical conditions.;
Section 7. : Determine the location or relocation of its students or facilities, including the establishment or relocations or new of schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.;
Section 8. : Determine the placement of operations, production, services, maintenance or distribution of work, and the source sources of materials and supplies.;
Section 9. : Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations.;
Section 10. : Determine the size of the management organizationorganizations, its functions, authority, amount of supervision supervision, and table tale of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.organizations;
Section 11. : Determine the policy affecting the selection, testing testing, or training of employees employees, providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
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 exclusively 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 the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, 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, transfer employees, effectuate an employee evaluation system, assign work or extra 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 the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location or relocation of its facilities, including the establishment or relocations or 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, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its The District retains all rights, responsibilities, powers and authority under vested in it by the Laws of the State laws and Constitution of Michigan and of the Federal Government of the United States. Except as stated All policies of the Board of Education or powers, which have been properly exercised by it, shall remain unaffected by this AgreementAgreement and in full force and effect, all the rights, powers, unless and authority the Board had prior to this Agreement are retained until changed by the Board.
B. It is expressly agreed that . Not by way of limitation, the Board reserves unto itself all rights which ordinarily vest rights, powers and privileges inherent in and have been exercised by the Board, except those which are relinquished it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the Board, District which shall continue to vest exclusively in and be exercised exclusively by the Board District without prior negotiations with the Association Union 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 Agreement shall include, include by way of illustration and illustration, not by way of limitation, the right to:
1. Manage and control the school's schools’ business, the equipment, the operations and to direct the working forces force and affairs of the Employer.School District;
2. Continue To continue its rights and past practice of assignment and the direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, times and scheduling of all of 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties duty 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 the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction institution of new and/or improved methods or changes change therein.;
5. Adopt reasonable rules and regulations.;
6. Determine the qualifications of employees, including physical conditions.;
7. Determine the location or relocation of its facilities, including the establishment or relocations or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation of or closing of offices, departments, divisions or subdivisionssubdivision, buildings or other facilities.;
8. Determine the placement of operations, productionproductions, services, 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.;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer District shall not abridge any rights from of employees as specifically provided for in this the Agreement.; and
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. employees. The exercise of Board recognizes that this Agreement sets forth limitations on the foregoing above named powers, rights, authorityauthorities, duties and responsibilities by the Board, the adoption of policies, rules, regulationsduties, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michiganresponsibilities, and the Laws of the United Stateshereby agrees to be bound by such limitations.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the 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, retains all the rights, powers, and authority that Michigan and U.S. Constitutions vest in it. The Board reserves unto itself all rights, powers, and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board had prior to this shall nonetheless be limited only as specifically limited by express provisions of the Agreement are retained by and Under Act 379 of the Board.
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 Michigan Public Acts of 1965. Rights reserved exclusively 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, 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, the operations and to direct the working forces and affairs of the Employeremployer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, 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 rights to direct the working forcesworkforce, including the right to hire, promote, discipline, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and workforce, to lay off and recall employees.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the methods, schedules methods and standards of operation, including the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction institution of new and/or improved methods or of changes therein. Employee recommendations in these areas are encouraged.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location or relocation of its facilities, including the establishment or relocations 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, services, 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.
109. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer Board shall not abridge any rights from employees as specifically provided for in this Agreement.
1110. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardBOARD, except those which are expressly relinquished herein by the BoardBOARD, 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 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:BOARD.
1. Manage Determine the executive management and administrative control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employerschool system and its properties, facilities, equipment and the activities of its employees' working hours.
2. Continue its rights and past practice of assignment and direction of work of Hire all of its personnel, determine employees subject to the number of shifts and hours of work, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions of law and this Agreement, agreement to determine their qualifications and the right conditions for their continued employment, their placement or their dismissal, suspension, lay-off or demotion and to establish, modify or change any work or business hours or dayspromote and transfer all such employees.
3. The right to direct the working forces, Establish levels and courses of instruction including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force special programs and to lay off employeesprovide for athletic, recreational and social events for students as deemed necessary or advisable by the BOARD.
4. 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. Determine the services, supplies and equipment necessary to continue its operations operation and to determine the all methods and means of distributing, disseminating and/or selling its services, methods, schedules and standards of operation, ; the means, methods, methods and processes of carrying on the work including automation or contracting thereof or changes therein, therein and the instruction institution of new and/or improved methods or changes therein.
56. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location number and locations or relocation relocations of its facilities, including the establishment or of relocations or of new schools, school buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions division or subdivisions, buildings or other facilitiesfacilities thereof.
8. Determine the placement of operations, production, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the Employer BOARD shall not abridge any rights from employees as specifically provided for in this Agreement.
119. Determine the policy affecting the selectionselection of employees, testing or training of employees providing that such selection shall be based upon lawful criteriacriteria and the provisions of this Agreement.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. B. The matters contained in this Agreement and/or the exercise of any such rights of the Board BOARD are not subject to further negotiations between the parties during the term terms of this AgreementAgreement unless by mutual consent.
C. Nothing in this Agreement shall be construed to limit the powers and responsibilities conferred upon the BOARD or the SUPERINTENDENT under the laws or Constitution of the State of Michigan, specifically the right and responsibilities as conferred under the Michigan Revised School Code, MCL 380.1, et seq., and Michigan Teacher Tenure Act, MCL 38.71, et seq. is preserved.
D. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restrictive of or a waiver of any rights of management not listed and specifically surrendered herein whether or not such rights have been exercised by the BOARD in the past.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its 4.1 The District retains all rights, responsibilities, powers and authority under vested in it by the Laws of the State Law and Constitution of Michigan and of the Federal Government of the United States. Except All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this AgreementAgreement and in full force and effect, all the rights, powers, unless and authority the Board had prior to this Agreement are retained until changed by the Board.
B. It is expressly agreed that all rights which ordinarily vest . Any addition thereto, subtraction therefrom or revisions thereof, as the same may be made by the Board from time to time, shall become and remain unaffected by this Agreement and in full force and have been exercised effect unless changed by the Board. Not by way of limitation but by way of addition, except those which are relinquished the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Public Acts of 1965. Rights reserved exclusively herein by the Board, District which shall continue to vest exclusively in and be exercised exclusively by the Board District 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 Agreement shall include, 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 force and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, 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 forcesforce, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra 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 the methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or changes therein, the instruction of new way and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditionsconditions and mental qualifications and to require medical examinations.
7. Determine the location or relocation of its facilities, including the establishment or relocations 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, operations production, services, maintenance or distribution of work, and the source sources of materials and supplies.
9. Determine the financial policies, including all accounting procedures, processing procedures and all matters pertaining to public relations.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters 12. Nothing contained in this Agreement and/or shall be construed to limit the exercise Board's management rights under Subsections 15(3) and (4) of the Public Employment Relations Act (PERA). In the event of any such rights conflict between this section and any provision of this Agreement, this section shall prevail and provide the Board are not subject to further negotiations between the parties during the term paramount premise for interpretation of this Agreement.
4.2 Nothing contained within this Agreement shall be construed to deny or restrict any Board rights under the Michigan General School Laws or the applicable Laws or Regulations.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
BOARD RIGHTS. A. 1. 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 the Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. 2. 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 exclusively 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 the way of illustration and not by way of limitation, the right to:
1. a. Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. b. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions provision of this Agreement, and the right to establish, modify or change any work or business of hours or days.
3. c. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees both voluntarily and involuntarily, assign and reassign employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. d. 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 including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. e. Adopt reasonable rules and regulations.
6. f. To hire all employees, to determine their qualifications, and conditions of continued employment, or their dismissal, demotion; and promote and transfer all such employees.
g. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or 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. h. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
9. i. 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, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Laws laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority of the Board had prior to this Agreement are retained by the Board.
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 exclusively 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 X. Xxxxxx and control the school's School District’s business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. B. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending timestime, length of the work year, year 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. C. Determine the services, supplies 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 including automation thereof or changes thereinwork, and the instruction of new and/or improved methods or changes therein.
5. D. Adopt reasonable rules and regulations.
6. E. To hire all employees, to determine their qualifications, effectuate an evaluation process, and conditions of continued employment and to promote and transfer all such employees.
F. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schoolsSchools, buildings, departmentsdepartment, divisions division or subdivisions subdivision thereof and the relocation or closing of offices, departments, department divisions or subdivisionssubdivision, buildings or other facilities.
8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
9. Determine X. Xxxxxxxxx the financial policies, including all accounting procedures, processes and all matters pertaining to public relations.
10. Determine X. Xxxxxxxxx the size of the work force and management organization, its functions, function authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. I. Determine the placement of operations, production, services, maintenance and source of materials and supplies.
X. Xxxxxxxxx the policy affecting the selection, for testing or and training of employees employees, providing such selection shall policies be based upon on lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Laws laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
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 exclusively by the Board without prior negotiations with the Association Union either as to the taking of 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, limitation the right to:
1. Manage and control the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the EmployerBoard.
2. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work work, including automation thereof or changes therein, and the instruction institution of new and/or improved methods or of changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, facilities including the establishment or relocations or 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, servicesservice, maintenance or distribution of work, and the source of materials and supplies.
9. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relationsrelations conducted by the Board.
10. Determine the size of the management organization, its 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 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 lawful criteria.
12. The Board shall continue to have exclusive right to establish, modify or change any condition except those covered by provisions of the Agreement.
13. The Board shall determine all methods and means to carry on the operation of the schools.
14. To exercise management and administrative control of the school system, and its properties and facilities.
15. To establish courses of instruction and in-service training programs for employees, and to require attendance at any workshop, conference, etc., by employees, including special programs during the workday.
16. To establish hiring procedures and qualifications.
17. The Board and/or its representative may adopt rules and regulations not in conflict with the terms of this Agreement concerning the discipline of employees.
18. The Board shall continue the right to determine and redetermine job content.
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 terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws laws of the State of Michigan, Michigan and the Laws laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
Samples: Professional Services, Collective Bargaining Agreement
BOARD RIGHTS. A. 1. Nothing contained herein shall be considered to deny or restrict the Board of its it’s 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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. 2. 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 exclusively 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 the way of illustration and not by way of limitation, the right to:
1. a. Manage and control the school's ’s business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. b. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions provision of this Agreement, and the right to establish, modify or change any work or business of hours or days.
3. c. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees both voluntarily and involuntarily, assign and reassign employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. d. 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 including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. e. Adopt reasonable rules and regulations.
6. f. To hire all employees, to determine their qualifications, and conditions of continued employment, or their dismissal, demotion; and promote and transfer all such employees.
g. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or 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. h. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
9. i. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. j. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. k. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. l. The exercise Board shall continue to have exclusive right to establish, modify, or change any condition except those covered by provisions of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict The Board, on its own behalf and on behalf of the Board electors of its the School District, hereby retains and reserves unto itself, without limitation, all powers, rights, responsibilitiesauthority, duties and authority under responsibilities conferred upon and vested in it by the Laws school code and the laws and the Constitution of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the Such rights, powersduties, and authority the Board had prior to this Agreement are retained by the Boardetc.
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 exclusively 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 the school's its business, the equipment, the its equipment and its operations and to direct the working forces and affairs of the Employer.school system;
2. Continue its rights rights, policies and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts personnel and hours of work, starting and ending times, length of the work year, and scheduling of schedule 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 establish and/or eliminate positions, to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra 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 operation and to determine all methods and means of distributing the methods, schedules above and establishing standards of operation, the means, methods, methods and processes of carrying on the work work, including automation or contracting thereof or changes therein, the instruction of new and/or improved methods or changes therein.;
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.;
7. Determine the location or relocation of its facilities, including the establishment or relocations or 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, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
116. Determine the policy affecting the selection, testing or training of employees providing employees.
7. To establish, modify or change any condition, except those covered by provisions of this Agreement.
B. In meeting such selection responsibilities, the Board acts through its administrative staff. Such responsibilities include, without being limited to, the establishment of education policies; the construction, acquisition and maintenance of school buildings and equipment; the evaluation, discipline, promotion and termination of employees; and the establishment and revision of rules and regulations the governing and pertaining to work and conduct of its employees. The Board and administrative staff shall be based upon lawful criteriafree to exercise all of its managerial rights and authority.
C. The exercise listing of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained specific management rights in this Agreement and/or the exercise is not intended to be nor shall be restrictive of or a waiver of any rights or management not listed and specifically surrendered herein whether or not such rights of have been exercised by the Board are not subject to further negotiations between in the parties during the term of this Agreementpast.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its 4.1 The District retains all rights, responsibilities, powers and authority under vested in it by the Laws of the State Law and Constitution of Michigan and of the Federal Government of the United States. Except All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this AgreementAgreement and in full force and effect, all the rights, powers, unless and authority the Board had prior to this Agreement are retained until changed by the Board.
B. It is expressly agreed that all rights which ordinarily vest . Any addition thereto, subtraction therefrom or revisions thereof, as the same may be made by the Board from time to time, shall become and remain unaffected by this Agreement and in full force and have been exercised effect unless changed by the Board. Not by way of limitation but by way of addition, except those which are relinquished the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Public Acts of 1965. Rights reserved exclusively herein by the Board, District which shall continue to vest exclusively in and be exercised exclusively by the Board District 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 Agreement shall include, 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 force and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, 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 forcesforce, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra 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 the methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or changes therein, the instruction of new way and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditionsconditions and mental qualifications and to require medical examinations.
7. Determine the location or relocation of its facilities, including the establishment or relocations 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, operations production, services, maintenance or distribution of work, and the source sources of materials and supplies.
9. Determine the financial policies, including all accounting procedures, processing procedures and all matters pertaining to public relations.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters 12. Nothing contained in this Agreement and/or shall be construed to limit the exercise Board's management rights under Subsections 15(3) and (4) of the Public Employment Relations Act (PERA). In the event of any such rights conflict between this section and any provision of this Agreement, this section shall prevail and provide the Board are not subject to further negotiations between the parties during the term paramount premise for interpretation of this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained 4.1 It is herein shall be considered to deny agreed that, except as specifically and directly modified by the express language in a specific provision of this Agreement or restrict otherwise mutually agreed to, in writing, between the Board parties, the determination of its rightseducational policy, responsibilitiesthe operation and management of the schools, and authority under the Laws control, supervision, and direction of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement staff are retained by vested exclusively in the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board. By way of example, except those which are 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 action under such rights or with respect to the consequence of such action during the term of this Agreement. Such these rights shall include, by way of illustration and but shall not by way of limitationbe limited to, the right sole discretion and authority to:
1. Manage A. establish the curricula, methodology and standard for teaching;
B. plan, direct, schedule, assign, transfer and control work assignments and duties;
C. establish evaluation criteria and processes;
D. establish and modify the school's business, the equipment, the operations schedules for and to direct the working forces and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, school year and scheduling work day of all employees;
E. establish and modify payroll schedules and methods for recording employee attendance and punctuality;
F. determine the foregoingmeans, but methods, processes, materials and equipment necessary to deliver the services provided by the District, including the subcontracting of bargaining unit work;
G. create, revise and eliminate positions;
H. hire and demote:
I. discipline, suspend, discharge and not re-employ employees;
J. establish, modify, implement, and enforce District policies, and personnel work rules and regulations not in conflict with the specific provisions terms 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, transfer employees, effectuate an employee evaluation system, assign work or extra 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 the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location or relocation of its facilities, including the establishment or relocations or 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, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. 4.2 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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the ’s exercise of any such rights of retained right or function in a particular manner shall not preclude the Board are from exercising the same right or function in any other manner which does not subject to further negotiations between the parties during the term expressly violate a specific written provision of this Agreement. The Board's failure to exercise any right or function reserved to it shall not be deemed to be a waiver of its right to exercise such right or function at any future time.
4.3 With regard to the Board’s right to subcontract bargaining unit work (as noted in 4.1), if the Board exercises this right, it agrees to bargain with the Association as to the impact such subcontracting will have on bargaining unit members affected by the subcontracting. However, it is understood that the Board may implement its decision to subcontract bargaining unit work prior to the completion of such impact bargaining.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, responsibilities and authority under the Laws of the State of Michigan and of the Federal Government of the United StatesRevised School Code, or any other laws or regulations. Except as specifically stated by this Agreement, all the rights, powers, powers and authority the Board had prior to this Agreement are retained by the Board.
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 exclusively 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 the school's businessits programs, the services, equipment, the facilities and its operations and to direct the working forces and affairs of the EmployerIntermediate School District.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours personnel (including the right not to fill open positions for the purpose of work, starting and ending times, length of the work year, attrition) 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 school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra 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 the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulationsregulations and to define job content and position descriptions.
65. Determine the qualifications of employees, including physical conditionsthe essential job functions of employees.
76. Determine the location or relocation extent and existence of its facilities, educational programming and operation including the establishment or relocations or new schoolsrelocation of programs, buildings, departments, divisions or subdivisions thereof and the relocation or closing of officesprograms, departments, divisions or subdivisions, buildings or buildings, other facilities, services or third party service contracts.
8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
97. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relationsrecordkeeping requirements.
108. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy policies affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteriaemployees.
C. 9. To establish courses of instruction and in-service training programs for employees and to require attendance at any workshop, conference, etc. by employees, including special programs.
B. The exercise of the foregoing powers, rights, authorityduties, duties and responsibilities by the Board, Board and the adoption of policies, rules, regulations, regulations and practices in the furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights exclusive prerogative of the Board are not subject to further negotiations between the parties during the term except as otherwise limited by express provision of this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised exer- cised by the BoardBoard of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised ex- ercised exclusively by the Board without prior negotiations negations with the Association either Association, ei- ther as to the taking of action under such rights or with respect to the consequence conse- quence of such action action, during the term of this Agreement. Such rights shall includein- clude, by way of illustration and not by way of limitation, the right to:
1. A. Manage and control the school's District’s business, the equipmentequipment and opera- tions, the operations and to direct the working forces and affairs of the Employeremployer.
2. B. Continue its rights and past practice of assignment assignments and direction of work of to all of its personnel, ; determine the number of shifts and hours of work, starting work and ending times, length of the work year, stating 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, provided, however, that such action shall not conflict with the terms and provisions of this Agreement.
3. The right to direct C. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties du- ties to employeesemployees (if above the employee’s classification, such assign- ment will be temporary and of a short duration), determine the size of the work force and to lay lay-off employeesemployees so long as such action does not conflict with the seniority, layoff and recall provisions of this Agree- ment.
4. D. Determine the services, supplies supplies, and equipment necessary to continue contin- ue its operations and to determine the methods, schedules and standards stand- ards of operationoperations, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction institu- tion of new and/or improved methods or of changes therein, so long as such action does not conflict with the seniority, layoff and recall provi- sions of this Agreement.
5. E. Adopt reasonable rules and regulationsregulations which are not inconsistent with accepted behavior necessary to carry out duties and responsibilities. Association members are also expected to abide by all local, state, and federal laws.
6. Determine the qualifications of employeesF. Discipline, including physical conditionsdischarge, any Association member for taking part in any violation of the above provision. Prior to taking such action, the Board shall notify the Association of its intention.
7. Determine the location or relocation of its facilities, including the establishment or relocations or new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities.
8. G. Determine the placement of operations, production, servicesservice, maintenance mainte- xxxxx or distribution of work, work and the source of materials and supplies.
9. H. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. I. Determine the size of the management organization, its functions, authorityau- thority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganization.
11. J. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteriaem- ployees.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
Samples: Secretarial Contract, Secretarial Contract
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the The Board of its rights, responsibilities, Education reserves all rights and authority under powers conferred upon it by the Laws constitution and laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. not withstanding. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardBoard 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 either Union 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, include by way of illustration and not by jjj way of limitation, the right toto :
1. A. Manage and control the school's ’s business, the equipment, the equipment and operations and to direct the working forces and affairs of the Employer.
2. B. Continue its rights and past practice of assignment and direction of work of to all of its personnel, ; determine the number of shifts and hours of work, work and starting and ending times, length of the work year, time 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. C. The right to transfer and direct the working forces, ; including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employeesemployees (if above the employee’s classification, such assignment will be temporary and of a short duration), determine the size of the work force force, and to lay off employeeslayoff employees so long as such action does not conflict with the seniority and layoff and recall provisions of this Agreement.
4. D. Determine the services, supplies and equipment necessary to continue its operations and to operations; determine the methods, schedules and standards of operation, operations; determine the means, methods, and processes of carrying on the work (including automation thereof or changes therein, ); and the instruction institution of new and/or improved methods or changes therein.
5. E. Adopt reasonable rules and regulations.
6. F. Determine the qualifications of employees, including physical conditions.
7. G. Determine the number and location or relocation of its facilities, ; including the establishment or relocations or relocation of new schools, buildings, departments, departments and divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, and divisions or subdivisionssubdivisions thereof, buildings building, or other facilities.
8. H. Determine the placement of operations, production, servicesservice, maintenance or distribution of work, and the source of materials and supplies.
9. I. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. J. Determine the size of the management organizationorganizations, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. K. Determine the policy affecting the selection, testing or training of employees employees, providing that such selection shall be based upon lawful criteria.
C. L. The exercise of right to hire employees under a government work or work/study program to supplement the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent work force as long as such terms hereof are in conformance programs do not conflict with the Laws of the State of Michigan, and the Laws of the United Statesregular employees’ normal work week.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the The Board of its retains and reserved unto itself all rights, responsibilitiespowers, privileges, and authority under vested in it and conferred upon it by the Laws of laws, state statutes, rules, regulations, and the State constitutions of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished Rights reserved exclusively herein by the Board, 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 action under such rights or with respect respects to the consequence consequences of such action during the term of this Agreement. Such rights The exercise of the following powers, the adoption of policies, and the use of judgment by the Board shall includebe limited only by the terms of this contract, Public Employee Relations Act, and of the constitutions and laws of Michigan and the United States and shall include by way of illustration and not by way of limitation, the right to:
Section 1. : Manage and control the school's Board’s business, the equipment, the operations and to direct the working forces operations, and affairs of as the Employeremployer.
Section 2. : Continue its rights and past practice of employee assignment and direction of work of all of its personnel, determine ; set the number of shifts and daily hours of work, starting and ending times, length of the work year, 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 workloads, business hours hours, or days.
Section 3. : The right Right to direct the working forces, forces including the right to hire, promote, suspend suspend, and discharge employees, ; and to transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in conformance with the provisions of this Agreement.
Section 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, and processes of carrying on the work including automation thereof or changes therein, ; the instruction institution of new and/or improved methods or of changes therein.
Section 5. : Adopt reasonable rules and regulations.
. Section 6. : Determine the qualifications of employees, including physical conditions.
Section 7. : Determine the location or and relocation of its students or facilities, including the establishment or relocations or new of schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
Section 8. : Determine the placement of operations, production, services, maintenance or distribution of work, and the source sources of materials and supplies.
Section 9. : Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations.
Section 10. : Determine the size of the management organizationorganizations, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
organizations. Section 11. : Determine the policy affecting the selection, testing testing, or training of employees employees, providing such selection shall be based upon lawful criteria.
C. Section 12: The exercise of the foregoing powersright to discharge immediately, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise employees convicted of any such rights of the Board are not subject felony or possession with intent to further negotiations between the parties during the term of this Agreementsell a controlled substance.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board Employer 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 the rights, powers, and authority the Board Employer had prior to this Agreement are retained by the BoardEmployer.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardEmployer, except those which are relinquished herein by the Board, Employer shall continue to vest exclusively in and be exercised exclusively by the Board Employer without prior negotiations with the Association Union 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 the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the Employer.
2. Continue its rights the rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or daysday.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods, and processes process of carrying on the work work, including automation thereof or changes therein, and the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities, insofar as the above is done without the intent to circumvent the Union.
8. Determine the placement of operations, production, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the Employer shall not abridge any rights from 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 on lawful criteria.
12. The Employer shall continue to have exclusive right to establish, modify, or change any condition except those covered by provisions of this Agreement.
13. The Employer shall determine all methods and means to carry on the operation of the schools.
14. To exercise management and administrative control of the school system, and its properties, and facilities.
15. To hire all employees, to determine their qualifications, and conditions for their continued employment, or their dismissal or demotion; and to promote and transfer all such employees.
16. To establish hiring procedures and qualifications.
17. To establish course of instruction and inservice training programs for employees and to require attendance at any workshop, conference, etc. by employees, including special programs during the workday.
18. The Employer and/or its representative may adopt rules and regulations not in conflict with the terms of this Agreement concerning the discipline of employees.
19. The Employer shall continue the right to determine and re-determine job content.
C. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the BoardEmployer, 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 terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board Employer are not subject to further negotiations between the parties during the term of this Agreement.
E. Nothing contained in this Article can be in conflict with or in violation of this Agreement.
F. The question of whether or not a provision of this Agreement is in conflict with this Article is subject to the provisions of the Grievance Procedure.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its The District retains all rights, responsibilities, powers and authority under vested in it by the Laws of the State laws and constitution of Michigan and of the Federal Government of the United States. Except All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner or powers which have been properly exercised by it, shall be limited only by the express provisions of this AgreementAgreement and shall remain in full force and effect, unless changed by the Board. Any additions, subtractions, or revisions, as may be made by the Board from time to time, shall be limited only by the express provisions of this Agreement and shall remain in full force and effect unless changed by the Board. The Board reserves itself all the rights, powers, and authority privileges inherent in it or conferred upon it from any source, however, that all the foregoing being manifestly recognized and intended to convey complete power in the Board had prior to shall be limited but only by express provisions of this Agreement are retained and state law. Rights reserved by the Board.
B. It is expressly agreed that all rights District 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 exclusively by the Board District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights Agreement 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, the operations operation and to direct the working forces and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, 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 suspend, and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra 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 operation and to determine the methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work including all aspects of instruction, automation thereof or changes therein, the instruction institution of new and/or improved methods or changes thereintherein limited only by the express terms of this Agreement.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions, in compliance with State and Federal statutes.
7. Determine the location or relocation of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
8. Determine the placement of operations, production, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing testing, or training of employees providing such selection shall be based upon lawful criteria.
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, shall be criteria limited only by the terms express provisions of this Agreement and then only to the extent such terms hereof are in conformance compliance with the Laws of the all State of Michigan, and the Laws of the United StatesFederal statutes.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, responsibilities and authority under the Laws of the State of Michigan and of the Federal Government of the United StatesGeneral Schools Laws, or any other laws or regulations. Except as specifically stated by this Agreement, all the rights, powers, powers and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 Unit 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 the way of limitation, the right to:
1. Manage and control the school's its business, the equipment, the its equipment and its operations and to direct the working forces and affairs of the Employer.
2. Continue its rights rights, policies and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in accordance with the Articles contained in this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distribution, dissemination, and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or contracting thereof, or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditionsconditions as provided by law.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings or other facilities.
8. Determine the placement of operations, production, servicesservice, 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, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganization.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteriaemployees.
C. 12. To hire all employees, to determine their qualifications and conditions for their continued employment.
13. To establish course of instruction and in-service training program for employees and to require attendance at any workshop, conference, etc. by employees including special programs.
14. The exercise of the foregoing powers, rights, authority, duties Board and/or its representative may adopt rules and responsibilities by the Board, the adoption of policies, rules, regulations, and practices regulations not in furtherance thereof, shall be limited only by conflict with the terms of this Agreement concerning the discipline of employees and then only said rules and regulations are not subject to the extent such terms hereof are grievance procedure.
15. To determine and re-determine job content.
C. There is exclusively reserved to the Board all responsibilities, powers, rights and authority vested in conformance with it by the Laws laws and constitutions of the State of Michigan, Michigan and the Laws of the United States, or which have heretofore been properly exercised by it, excepting where expressly limited by the provisions of this Agreement. The Board retains the rights, among others, to establish and enforce reasonable rules and personnel policies relating to the duties and responsibilities of secretaries and their working conditions, which are not inconsistent with the provisions of this Agreement or violations of law. It is further recognized that the Board, in meeting such responsibilities and exercising its powers and rights, acts through its administrative staff.
D. The matters contained in Subject to the provisions of this Agreement and/or the exercise of any such rights agreement and Public Act 379 of the Board are Public Acts of 1965, the school district reserves and retains full rights, authority and discretion to control, supervise and manage the operation of all schools and the educational process and to make all decisions and policies not subject to further negotiations between inconsistent with the parties during the term terms of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 StatesSECTION 5 1. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 Board, without prior negotiations with the Association Association, either as to the taking of action actions under such rights rights, or with respect to the consequence of such action during the term of this Agreementthe agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. Manage a. The executive management and administrative control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. Continue school system and its rights and past practice of assignment and direction of work of all of its personnelproperties, determine the number of shifts and hours of workfacilities, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreementequipment, and the right to establish, modify or change any work or business hours or daysactivities of its teachers during teacher working hours.
3. The right b. Hire all teachers and, subject to direct the working forcesprovision of law, to determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, and to promote and transfer all such teachers.
c. Establish levels and courses of instruction, including the right to hirespecial programs, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesprovide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board.
4. d. Decide upon the means and methods of instructions, the selection of textbooks and other teaching materials, and the use of teaching aids of every kind and nature.
e. Determine the services, supplies and equipment necessary to continue its operations operation and to determine the 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 thereof or changes therein, ; the instruction institution of new and/or improved methods or changes therein.
5. f. Adopt reasonable rules and regulationsregulations and policies.
6. g. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions or subdivisions of sub- divisions thereof and the relocation relocations or closing of offices, departments, divisions or subdivisionssub- divisions, buildings or other facilities.
8. Determine the placement of operations, production, services, 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.
10. h. Determine the size of the management organizationorganizations, its functions, authority, amount of supervision and table of organization or organizations, provided that the Employer Board shall not abridge any rights from employees teachers as specifically provided for in this Agreement.
11. i. Determine the policy affecting effecting the selection, testing or training of employees teachers, providing that such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board above are not subject to further negotiations between the parties during the term of be interpreted as abridging or conflicting with any specific provision in this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board Employer of its rights, responsibilities, responsibilities and authority under the Laws of the State of Michigan and of the Federal Government of the United StatesRevised School Code, or any other law or regulations. Except as specifically stated by this Agreement, all the rights, powers, powers and authority the Board had Employer has as established by law prior to this Agreement are retained by the Board.
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 exclusively 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 AgreementEmployer. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. Manage and control the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, ; determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 school hours or daysdays as well as transportation routes and schedules consistent with the terms of this Agreement.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, or otherwise discipline Bargain Unit Members for cause; assign work or extra duties to employees, determine the size of the work force Bargaining Unit Members; and to lay off employeesBargaining Members, consistent with the terms of this Agreement.
4. Determine the servicesqualifications of Bargaining Unit Members, supplies including ability to perform the job functions, in accordance with applicable state 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 including automation thereof federal statutes or changes therein, the instruction of new and/or improved methods or changes thereinadministrative regulations.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location or relocation of its facilities, including the establishment or relocations or 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, services, maintenance or distribution of work, work and the source of materials and supplies.
96. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
107. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganization.
118. Determine the policy affecting the selectionTo establish courses of instruction and in-service training programs for Bargaining Unit Members and to require attendance at any workshop, testing or training of employees providing such selection conference, etc. by Bargaining Unit Members, including special programs. Bargaining Unit Members shall be based upon lawful criteriacompensated for these activities when attendance is required outside of regular working hours.
C. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by of the Board, Employer; the adoption of policies, rules, regulations, 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 terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
C. The listing or specific management rights in this Agreement is not intended to be, nor shall it be restricting of or a waiver of any rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the Employer in the past.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board Employer 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 the rights, powers, and authority the Board Employer had prior to this Agreement are retained by the BoardEmployer.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardEmployer, except those which are relinquished herein by the Board, Employer shall continue to vest exclusively in and be exercised exclusively by the Board Employer without prior negotiations with the Association Union 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 the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the Employer.
2. Continue its rights the rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or daysday.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods, and processes process of carrying on the work work, including automation thereof or changes therein, and the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities, insofar as the above is done without the intent to circumvent the Union.
8. Determine the placement of operations, production, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the Employer shall not abridge any rights from 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 on lawful criteria.
12. The Employer shall continue to have exclusive right to establish, modify, or change any condition except those covered by provisions of this Agreement.
13. The Employer shall determine all methods and means to carry on the operation of the schools.
14. To exercise management and administrative control of the school system, and its properties, and facilities.
15. To hire all employees, to determine their qualifications, and conditions for their continued employment, or their dismissal or demotion; and to promote and transfer all such employees.
16. To establish hiring procedures and qualifications.
17. To establish course of instruction and inservice training programs for employees and to require attendance at any workshop, conference, etc. by employees, including special programs during the work day.
18. The Employer and/or its representative may adopt rules and regulations not in conflict with the terms of this Agreement concerning the discipline of employees.
19. The Employer shall continue the right to determine and re-determine job content.
C. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the BoardEmployer, 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 terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board Employer are not subject to further negotiations between the parties during the term of this Agreement.
E. Nothing contained in this Article can be in conflict with or in violation of this Agreement.
F. The question of whether or not a provision of this Agreement is in conflict with this Article is subject to the provisions of the Grievance Procedure.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered There is reserved exclusively, to deny or restrict the Board of its Board, all responsibilities, powers, rights, responsibilities, and authority under vested in it by the Laws of the State laws and Constitution of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights States or which ordinarily vest in and have been heretofore properly exercised by the Boardit, except those which are relinquished herein excepting where expressly and, in specific terms, limited 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 action under such rights or with respect to the consequence of such action during the term provision of this Agreement. Such rights shall include; including, by way of illustration and but not by way of limitationlimited to, the right to:
1. Manage X. Xxxxxx and control the school's ’s business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. B. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, 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. C. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. D. 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 including automation thereof or changes thereinthe selection of textbooks, the instruction of new and/or improved methods or changes thereinteaching materials and various teaching aids.
5. E. Adopt reasonable rules and regulations.
6. F. Determine the qualifications of employees, including physical conditions.
7. G. Determine the location or relocation of its facilities, facilities including the establishment or relocations or 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. H. Determine the placement of operations, production, services, maintenance or and distribution of work, and the source of materials and supplies.
9. I. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. Determine X. Xxxxxxxxx the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. K. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. L. The exercise of the foregoing powers, rights, authority, duties and responsibilities by 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 terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
M. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restricting of or a waiver of any rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the Board in the past.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Item 1 Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School Laws of the State of Michigan and of the Federal Government of the United Statesor any other laws or regulations. Except as specifically stated by this Agreement, all the rights, powers, powers and authority the Board had prior to this Agreement are retained by the Board.
B. Item 2 It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 action under such rights or with respect to the consequence of such action during the term of this AgreementBoard. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. 2.1 Manage and control the school's business, the equipment, the its operations and to direct the working forces and affairs of the Employerwork force.
2. 2.2 Continue its rights rights, policies and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct 2.3 Direct the working forceswork force, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force force, job content and to lay off employees.
4. 2.4 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 including automation thereof or changes therein, the instruction of new and/or improved methods or changes thereinoperations.
5. 2.5 Adopt reasonable employee rules and regulations.
6. 2.6 Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations 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, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. 2.7 Determine the policy affecting the selection, testing or training of employees providing that such selection shall be based upon lawful criteria.
C. Item 3 The exercise listing of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained specific management rights in this Agreement and/or is not intended to be, nor shall it be restrictive of or a waiver of rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the exercise Board in the past.
Item 4 The Board will adopt alcohol and drug testing policy with the Association having the right to challenge the policy on the grounds of reasonableness for the first thirty (30) days after issuance of the policy. The Association shall have the right to file a grievance on behalf of any such rights member who may face charges as a result of the policy.
Item 5 The Board are not subject will adopt absenteeism and tardiness policy. The Association shall have the right to further negotiations between file a grievance on behalf of any member who may face charges as a result of the parties during the term of this Agreementpolicy.
Appears in 1 contract
Samples: Master Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardBoard 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 limitation and without prior negotiations with the Association Union 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 the school's schools' business, the equipment, and the operations operations, and to direct the working forces and affairs concerns of the EmployerBoard affecting the school district.
2. Continue its rights and past practice of assignment and direction of work of to all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, 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 suspend, and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employeesemployees (if above the employee's classification, such assignment will be temporary and of 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 means, methods, schedules and standards of operationoperations, the means, methods, and processes of carrying on the work including automation automations thereof or changes therein, the instruction institution of new and/or improved methods or of changes therein.
5. Adopt reasonable rules rules, regulations, and regulationspolicies.
6. Determine the number and qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
8. Determine the placement of operations, productionproductions, servicesservice, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer Board 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 employees, providing that such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. B. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board 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 United States.
Appears in 1 contract
Samples: Master Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, Board 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 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 the schoolAgency's business, the its equipment, the its operations and to direct the working forces work force and the affairs of the EmployerAgency.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, 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 employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties employees and to employees, determine the size of the work force and to lay off employeesforce.
43. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or changes therein, and the instruction institution of new and/or improved methods or of changes therein.
4. Adopt rules and regulations not in conflict with this Agreement.
5. Adopt reasonable rules and regulationsDetermine the qualifications of employees.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations 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, servicesservice, maintenance or distribution of 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, authority, amount of supervision and table of organization organization, provided that the Employer Board shall not abridge any rights from employees of Employees as specifically provided for in this Agreement.
1110. Determine the policy affecting the selection, testing or training of employees Employees, providing that such selection shall be based upon lawful criteriacriteria and shall not be in conflict with this Agreement.
C. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by of the Board, the adoption of policies, rules, regulations, regulations and practices in furtherance thereof, therewith shall be limited only by the specific and express terms of this Agreement Agreement. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and then only authority under the Michigan General School laws or any other national, state, county, district or local laws or regulations that pertain to education.
C. The Board shall have the extent such terms hereof are right to request a clinical examination, either physical or mental or both, at its expense when, in conformance with its estimation, the Laws health of the State of MichiganEmployee is such as to render him/her unfit for service in the Agency. The appointed physician's facility shall be within Xxxxxxxxxx, and Washtenaw, or Xxxxxx Counties, unless a mutually agreeable physician outside these counties is selected. Employees will not lose wages for examinations required by the Laws of the United StatesEmployer under this section.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, responsibilities and authority under the Laws of the State of Michigan and of the Federal Government of the United StatesGeneral Schools Laws, or any other laws or regulations. Except as specifically stated by this Agreement, all the rights, powers, powers and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 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 the way of limitation, the right to:
1. Manage and control the school's its business, the equipment, the its equipment and its operations and to direct the working forces and affairs of the Employer.
2. Continue its rights rights, policies and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in accordance with the Articles contained in this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distribution, dissemination, and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or contracting thereof, or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditionsconditions as provided by law.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings or other facilities.
8. Determine the placement of operations, production, servicesservice, 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, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganization.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteriaemployees.
C. 12. To hire all employees, to determine their qualifications and conditions for their continued employment.
13. To establish course of instruction and in-service training program for employees and to require attendance at any workshop, conference, etc. by employees including special programs.
14. The exercise of the foregoing powers, rights, authority, duties Board and/or its representative may adopt rules and responsibilities by the Board, the adoption of policies, rules, regulations, and practices regulations not in furtherance thereof, shall be limited only by conflict with the terms of this Agreement concerning the discipline of employees and then only said rules and regulations are not subject to the extent such terms hereof are grievance procedure.
15. To determine and re-determine job content.
C. There is exclusively reserved to the Board all responsibilities, powers, rights and authority vested in conformance with it by the Laws laws and constitutions of the State of Michigan, Michigan and the Laws of the United States, or which have heretofore been properly exercised by it, excepting where expressly limited by the provisions of this Agreement. The Board retains the rights, among others, to establish and enforce reasonable rules and personnel policies relating to the duties and responsibilities of secretaries and their working conditions, which are not inconsistent with the provisions of this Agreement or violations of law. It is further recognized that the Board, in meeting such responsibilities and exercising its powers and rights, acts through its administrative staff.
D. The matters contained in Subject to the provisions of this Agreement and/or the exercise of any such rights agreement and Public Act 379 of the Board are Public Acts of 1965, the school district reserves and retains full rights, authority and discretion to control, supervise and manage the operation of all schools and the educational process and to make all decisions and policies not subject to further negotiations between inconsistent with the parties during the term terms of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict The Board, on its behalf and on behalf of the Board electors of its the district, hereby retains and reserves unto itself all powers, rights, responsibilitiesauthority, duties and authority under responsibilities conferred upon and vested in it by the Laws laws and constitution of the State of Michigan and of the Federal Government of and/or the United States. Except as stated by this AgreementThe Baraga Area School District is a general powers school district in accordance with Public Act 289 of 1995, all the rightsPublic Act 451 of 1976, powers, and authority the Board had prior to this Agreement are retained by the BoardM.C.L. 380.11a.
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 exclusively 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. A. Such rights shall include, by the way of illustration and not by way of limitation, the right to:
1. Manage and control the school's its business, the its equipment, the operations its operations, and to direct the working forces and affairs of the Employerschool district.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine Determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off layoff employees, but not in conflict with the specific provisions of this Agreement.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations operations; and to determine all methods and means of distribution, dissemination and/or selling of its services, the methods, schedules schedules, and standards of operation, ; and the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes thereinwork.
5. Adopt reasonable rules rules, policies, and regulations, but not in conflict with the specific provisions of this Agreement and then only to the extent such specific and expressed term hereof are in accordance with the Constitution and laws as amended by the State of Michigan and the Constitution and laws of the United States.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location number and locations or relocation of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilitiesthereof.
8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
97. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
108. Determine the size of the management organizationorganizations, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganization.
119. Determine the policy affecting the selectionTo establish grades and courses of instruction including special programs and to provide for athletic, testing or training of employees providing such selection shall be based upon lawful criteriarecreational, and social events for students.
C. B. The exercise of the foregoing these powers, rights, authorityauthorities, duties duties, and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, Board shall be limited only by the specific and expressed terms of this Agreement and then only to the extent such terms specific and expressed term hereof are in conformance accordance with the Laws of Constitution and laws as amended by the State of Michigan, Michigan and the Laws Constitution and laws of the United States.
D. The matters contained in this Agreement and/or . It is further understood that the exercise of any such above rights of the Board are not subject to further negotiations between the parties during the term be interpreted as abridging or conflicting with any specific provisions of this Agreement. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to the law, then such provisions or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or application shall continue in full force and effect.
Appears in 1 contract
Samples: Master Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in in, and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in in, and be exercised exclusively by the Board Board, without prior negotiations with the Association Employee either as to the taking of action under such rights 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, subject to the express provisions of this Agreement, the right to:
1. Manage and control the school's its business, the equipmentits equipment and its operation, the operations and to direct the working forces and affairs of the EmployerSchool District.
2. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts personnel and hours of work, starting and ending times, length of the work year, 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 business, or school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force force, and to lay lay-off employees, but not in conflict with the provisions of this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work work, including automation thereof or contracting thereof, or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location number and locations or relocation relocations of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
8. Determine the placement of operations, production, servicesservice, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the Employer Board shall not abridge any rights from employees of an employee as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees employees, providing that such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. B. The matters contained in this Agreement Agreement, and/or the exercise of any such rights of the Board Board, are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Employment Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights and prerogatives, which ordinarily vest in and have been exercised by the Board, 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 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 limitationelimination, 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. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the .
2. The right to establish, modify modify, or change any work or business or school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge transfer, discipline, and/or reassign employees, transfer employees, effectuate an employee evaluation system, assign work or extra 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 operation and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work work, including automation or contracting thereof or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
8. Determine the placement of operations, production, servicesservice, maintenance or distribution of work, and the source of materials and supplies.
9. Determine B. The policy-making functions rest exclusively with the financial policies, including all accounting procedures, and all matters pertaining to public relationsBoard.
10. Determine C. In the size event of a claim of misrepresentation or misapplication of the management organizationAgreement, its functions, authority, amount the integrity of supervision and table this provision shall be the basic premise for interpretation of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. The exercise D. All of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices above items shall not be in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance conflict with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term specific provisions of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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, The District retains all the rights, powers, and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board had prior to of Education on behalf of the District as stated in Board of Education Policies, Board of Education Minutes, or as set forth in any manner whatsoever, except as limited by this Agreement and in full force are retained also in effect unless or until changed by the Board.
B. It is expressly agreed . Not by the way of limitation but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all rights which ordinarily vest of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and have been exercised by under Act 379 and the Board, except those which are relinquished Michigan Public Acts of 1965. Rights reserved exclusively herein by the Board, District which shall continue to vest exclusively in and be exercised exclusively by the Board District without prior negotiations with the Association Union 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 agreement shall include, include by way of illustration and not by way of limitation, the right to:
1. a. Manage and control the school's ’s business, the equipment, and the operations and to direct the working forces and affairs of the Employeroperations.
2. b. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right rights to establish, modify or change any work or business hours or days.
3. The right to direct c. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. d. Determine the services, supplies supplies, and equipment necessary to continue its operations and operations; to determine the methods, schedules schedules, and standards standard of operation, operations; the means, methods, and processes of carrying on the work including automation thereof or changes therein, ; the instruction institution of new and/or improved methods or of changes therein.
5. e. Adopt reasonable rules and regulations.
6. f. Determine the qualifications of employees, including physical conditions.
7. g. Determine the location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings or other facilities.
8. h. Determine the placement of operations, production, services, maintenance maintenance, or distribution of work, and the source of materials and supplies.
9. i. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. j. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its The District retains all rights, responsibilities, powers and authority under vested in it by the Laws of the State laws and constitution of Michigan and of the Federal Government of the United States. Except All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by this Agreementit, all shall be limited only by the rights, powers, and authority the Board had prior to express provisions of this Agreement are retained and shall remain in full force and effect, unless changed by the Board.
B. It is expressly agreed that all rights which ordinarily vest . Any additions thereto, subtractions therefrom or revisions thereof, as the same may be made by the Board from time to time, shall be limited only by the express provisions of this Agreement and shall remain in full force and have been exercised effect unless changed by the Board. Not by way of limitation but by way of addition, except those which are relinquished the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 336 of the Michigan Public Acts as amended. Rights reserved exclusively herein by the Board, District which shall continue to vest exclusively in and be exercised exclusively by the Board District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights Agreement shall include, 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. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, 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, but not in conflict with the specific provisions of this Agreement.
3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in compliance with the express terms of this Agreement.
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 including all aspects of instruction, automation thereof or changes therein, the instruction institution of new and/or improved methods or changes thereintherein limited only by the express terms of this Agreement.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions, in compliance with State and Federal statutes.
7. Determine the location or relocation of its facilities, including the establishment or relocations or 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, services, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
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, shall be criteria limited only by the terms express provisions of this Agreement and then only to the extent such terms hereof are in conformance compliance with the Laws of the all State of Michigan, and the Laws of the United StatesFederal statutes.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, 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 AgreementGeneral Schools Laws, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Boardor any other laws or regulations.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 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 the way of limitation, the right to:
1. Manage and control the school's its business, the equipment, the its equipment and its operations and to direct the working forces and affairs of the Employer.
2. Continue its rights rights, policies and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in accordance with the Articles contained in this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distribution, dissemination, and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or contracting thereof, or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditionsconditions as provided by law.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings or other facilities.
8. Determine the placement of operations, production, servicesservice, 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, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganization.
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteriaemployees.
C. 12. To hire all employees, to determine their qualifications and conditions for their continued employment.
13. To establish course of instruction and in-service training program for employees and to require attendance at any workshop, conference, etc. by employees including special programs.
14. The exercise of the foregoing powers, rights, authority, duties Board and/or its representative may adopt rules and responsibilities by the Board, the adoption of policies, rules, regulations, and practices regulations not in furtherance thereof, shall be limited only by conflict with the terms of this Agreement concerning the discipline of employees and then only said rules and regulations are not subject to the extent such terms hereof are grievance procedure.
15. To determine and re-determine job content.
C. There is exclusively reserved to the Board all responsibilities, powers, rights and authority vested in conformance with it by the Laws laws and constitutions of the State of Michigan, Michigan and the Laws of the United States, or which have heretofore been properly exercised by it, excepting where expressly limited by the provisions of this Agreement. The Board retains the rights, among others, to establish and enforce reasonable rules and personnel policies relating to the duties and responsibilities of employees and their working conditions, which are not inconsistent with the provisions of this Agreement or violations of law. It is further recognized that the Board, in meeting such responsibilities and exercising its powers and rights, acts through its administrative staff.
D. The matters contained in Subject to the provisions of this Agreement and/or the exercise of any such rights agreement and Public Act 379 of the Board are Public Acts of 1965, the school district reserves and retains full rights, authority and discretion to control, supervise and manage the operation of all schools and the educational process and to make all decisions and policies not subject to further negotiations between inconsistent with the parties during the term terms of this Agreement.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its The District retains all rights, responsibilities, powers and authority under vested in it by the Laws of the State laws and Constitution of Michigan and of the Federal Government of the United States. Except as stated All policies of the Board of Education or powers, which have been properly exercised by it, shall remain unaffected by this AgreementAgreement and in full force and effect, all the rights, powers, unless and authority the Board had prior to this Agreement are retained until changed by the Board.
B. It is expressly agreed that . Not by way of limitation, the Board reserves unto itself all rights which ordinarily vest rights, powers and privileges inherent in and have been exercised by the Board, except those which are relinquished it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the Board, District which shall continue to vest exclusively in and be exercised exclusively by the Board District without prior negotiations with the Association Union 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 Agreement shall include, include by way of illustration and illustration, not by way of limitation, the right to:
1. Manage and control the school's schools’ business, the equipment, the operations and to direct the working forces force and affairs of the Employer.School District;
2. Continue To continue its rights and past practice of assignment and the direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, times and scheduling of all of 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties duty 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 the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction institution of new and/or improved methods or changes change therein.;
5. Adopt reasonable rules and regulations.;
6. Determine the qualifications of employees, including physical conditions.;
7. Determine the location or relocation of its facilities, including the establishment or relocations or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation of or closing of offices, departments, divisions or subdivisionssubdivision, buildings or other facilities.;
8. Determine the placement of operations, productionproductions, services, 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.;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer District shall not abridge any rights from of employees as specifically provided for in this the Agreement.; and
11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. employees. The exercise of Board recognizes that this Agreement sets forth limitations on the foregoing above named powers, rights, authorityauthorities, duties and responsibilities by the Board, the adoption of policies, rules, regulationsduties, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michiganresponsibilities, and the Laws of the United Statesxxxxxx agrees to be bound by such limitations.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Master Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardBoard 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 limitation and without prior negotiations with the Association Union 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 the school's schools' business, the equipment, and the operations operations, and to direct the working forces and affairs concerns of the EmployerBoard affecting the school district.
2. Continue its rights and past practice of assignment and direction of work of to all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employeesemployees (if above the employee's classification, such assignment will be temporary and of 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 means, methods, schedules and standards of operationoperations, the means, methods, and processes of carrying on the work including automation automations thereof or changes therein, the instruction institution of new and/or improved methods or of changes therein.
5. Adopt reasonable rules rules, regulations, and regulationspolicies.
6. Determine the number and qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
8. Determine the placement of operations, productionproductions, servicesservice, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer Board shall not abridge any rights from of employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees employees, providing that such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. B. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board 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 United States.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the The Board of its retains and reserves unto itself all rights, responsibilitiespowers, privileges, and authority under vested in it and conferred upon it by the Laws of laws, state statutes, rules, regulations, and the State constitutions of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished Rights reserved exclusively 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 action under such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights The exercise of the following powers, the adoption of policies, and the use of judgment by the Board shall includebe limited only by the terms of this contract, Public Employee Relations Act, and of the constitutions and laws of Michigan and the United States and shall include by way of illustration and not by way of limitation, the right to:
Section 1. : Manage and control the schoolBoard's business, the equipment, the operations and to direct the working forces operations, and affairs of as the Employeremployer.
Section 2. : Continue its rights and past practice of employee assignment and direction of work of all of its personnel, determine ; set the number of shifts and daily hours of work, starting and ending times, length of the work year, 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 loads, business hours hours, or days.
Section 3. : The right to direct the working forces, forces including the right to hire, promote, suspend suspend, and discharge employees, ; and to transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in conformance with the provisions of this Agreement.
Section 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, and processes of carrying on the work including automation thereof or changes therein, ; the instruction institution of new and/or improved methods or of changes therein.
Section 5. : Adopt reasonable rules and regulations.
Section 6. : Determine the qualifications of employees, including physical conditions.
Section 7. : Determine the location or and relocation of its students or facilities, including the establishment or relocations or new of schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
Section 8. : Determine the placement of operations, production, services, maintenance or distribution of work, and the source sources of materials and supplies.
Section 9. : Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations.
Section 10. : Determine the size of the management organizationorganizations, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganizations.
Section 11. : Determine the policy affecting the selection, testing testing, or training of employees employees, providing such selection shall be based upon lawful criteria.
C. Section 12: The exercise of the foregoing powersright to discharge immediately, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise employees convicted of any such rights of the Board are not subject felony or possession with intent to further negotiations between the parties during the term of this Agreementsell a controlled substance.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. 1. 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 the Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. 2. 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 exclusively 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 the way of illustration and not by way of limitation, the right to:
1. a. Manage and control the school's ’s business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. b. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions provision of this Agreement, and the right to establish, modify or change any work or business of hours or days.
3. c. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees both voluntarily and involuntarily, assign and reassign employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. d. 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 including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. e. Adopt reasonable rules and regulations.
6. f. To hire all employees, to determine their qualifications, and conditions of continued employment, or their dismissal, demotion; and promote and transfer all such employees.
g. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or 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. h. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
9. i. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. j. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. k. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. l. The exercise Board shall continue to have exclusive right to establish, modify, or change any condition except those covered by provisions of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in in, and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in in, and be exercised exclusively by the Board Board, without prior negotiations with the Association either as to the taking of action under such rights 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, subject to the express provisions of this Agreement, the right to:
1. Manage and control the school's its business, the its equipment, the operations and its operation, and to direct the working forces and affairs of the EmployerSchool District.
2. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts personnel and hours of work, starting and ending times, length of the work year, 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 business, or school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend suspend, and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force force, and to lay lay-off employees, but not in conflict with the provisions of this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the 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 work, including automation thereof or contracting thereof, or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the location number and locations or relocation relocations of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
8. Determine the placement of operations, production, servicesservice, 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.
10. Determine the size of the management organization, its 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 for in this Agreement.
11. Determine the policy affecting the selection, testing or training of employees employees, providing that such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. B. The matters contained in this Agreement Agreement, and/or the exercise of any such rights of the Board Board, are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict The Board, on its own behalf and on behalf of the Board electors of its the school district, hereby retains and reserves unto itself, without limitations, all powers, rights, responsibilitiesauthority, duties and authority under responsibilities conferred upon and vested in it by the Laws laws and the constitution of the State of Michigan and of the Federal Government United States, including, but without limiting the generality of the United States. Except as stated by this Agreement, all foregoing the rights, powers, right:
A. The executive management and authority administrative control of the Board had prior to this Agreement are retained by school system and its properties and facilities and the Boardactivities of its employees.
B. It is expressly agreed that all rights which ordinarily vest in To manage 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 exclusively 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 the school's business, the equipment, the operations and to direct the working forces forces, including the right to hire, promote, suspend, discharge and affairs demote employees, transfer employees, establish skill level classifications, assign work including extra duties to employees, subcontract extra activities, determine the size of the Employerwork force and to layoff employees.
2. C. Continue its rights and past practice of to assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. D. 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 including automation thereof or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. E. Adopt reasonable rules and regulations.
6. F. Determine the qualifications of employees, including physical conditions.
7. G. Determine the number and location or relocation relocations of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities.
8. Determine the placement of operations, production, services, maintenance or distribution of work, X. Xxxxxxxxx all financial and the source of materials and supplieseducational policies.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. I. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11organization. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Boardemployer, the adoption of policies, rules, regulations, regulations and practices in furtherance thereof, 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 whereof are in conformance with the Laws Constitution and the laws of the State of Michigan, Michigan and the Laws Constitution and laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict The Board, on its own behalf and on behalf of the Board electors of its the school district, hereby retains and reserves unto itself, without limitations, all powers, rights, responsibilitiesauthority, duties and authority under responsibilities conferred upon and vested in it by the Laws laws and the constitution of the State of Michigan and of the Federal Government United States, including, but without limiting the generality of the United States. Except as stated by this Agreement, all foregoing the rights, powers, right:
A. The executive management and authority administrative control of the Board had prior to this Agreement are retained by school system and its properties and facilities and the Boardactivities of its employees.
B. It is expressly agreed that all rights which ordinarily vest in To manage 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 exclusively 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 the school's business, the equipment, the operations and to direct the working forces forces, including the right to hire, promote, suspend, discharge and affairs demote employees, transfer employees, establish skill level classifications, assign work including extra duties to employees, subcontract extra activities, determine the size of the Employerwork force and to lay off employees.
2. C. Continue its rights and past practice of to assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, work and starting and ending times, length of the work year, times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. D. 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 including automation thereof or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. E. Adopt reasonable rules and regulations.
6. F. Determine the qualifications of employees, including physical conditions.
7. G. Determine the number and location or relocation relocations of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities.
8. H. Determine the placement of operations, production, services, maintenance or distribution of work, all financial and the source of materials and supplieseducational policies.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. I. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11organization. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Boardemployer, the adoption of policies, rules, regulations, regulations and practices in furtherance thereof, 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 whereof are in conformance with the Laws Constitution and the laws of the State of Michigan, Michigan and the Laws Constitution and laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the The Board of its retains and reserved unto itself all rights, responsibilitiespowers, privileges, and authority under vested in it and conferred upon it by the Laws of laws, state statutes, rules, regulations, and the State constitutions of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished Rights reserved exclusively herein by the Board, 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 action under such rights or with respect respects to the consequence consequences of such action during the term of this Agreement. Such rights The exercise of the following powers, the adoption of policies, and the use of judgment by the Board shall includebe limited only by the terms of this contract, Public Employee Relations Act, and of the constitutions and laws of Michigan and the United States and shall include by way of illustration and not by way of limitation, the right to:
Section 1. : Manage and control the school's Board’s business, the equipment, the operations and to direct the working forces operations, and affairs of as the Employeremployer.
Section 2. : Continue its rights and past practice of employee assignment and direction of work of all of its personnel, determine ; set the number of shifts and daily hours of work, starting and ending times, length of the work year, 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 workloads, business hours hours, or days.
Section 3. : The right Right to direct the working forces, forces including the right to hire, promote, suspend suspend, and discharge employees, ; and to transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesemployees in conformance with the provisions of this Agreement.
Section 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, and processes of carrying on the work including automation thereof or changes therein, ; the instruction institution of new and/or improved methods or of changes therein.
Section 5. : Adopt reasonable rules and regulations.
Section 6. : Determine the qualifications of employees, including physical conditions.
Section 7. : Determine the location or and relocation of its students or facilities, including the establishment or relocations or new of schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities.
Section 8. : Determine the placement of operations, production, services, maintenance or distribution of work, and the source sources of materials and supplies.
Section 9. : Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations.
Section 10. : Determine the size of the management organizationorganizations, its functions, authority, amount of supervision supervision, and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreementorganizations.
Section 11. : Determine the policy affecting the selection, testing testing, or training of employees employees, providing such selection shall be based upon lawful criteria.
C. Section 12: The exercise of the foregoing powersright to discharge immediately, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise employees convicted of any such rights of the Board are not subject felony or possession with intent to further negotiations between the parties during the term of this Agreementsell a controlled substance.
Appears in 1 contract
Samples: Master Agreement
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 StatesRevised School Code or any other laws or regulations. Except as specifically stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. . It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 Support Staff 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 the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the EmployerBoard.
2. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend suspend, and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees, but not conflict with the provisions of this Agreement.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work including automation or contracting thereof or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditionsthe employee's ability to perform essential job functions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations 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, servicesservice, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the Employer Board shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing testing, or training of employees employees, providing that such selection selections shall be based upon lawful criteria.
C. 12. The Board shall continue to have exclusive right to establish, modify, or change any condition except those covered by provisions of this Master Agreement.
13. The Board shall determine all methods and means to carry on the operation of the schools, including automation or contracting thereof or changes therein.
14. To the executive management and administrative control of the school system, and its properties, and facilities and the activities of its employees during working hours.
15. To hire all employees to determine their qualifications, and conditions for their continued employment, or their dismissal or demotion; and to promote and transfer all such employees.
16. To establish hiring procedures and qualification.
17. To establish courses of instruction and in-service training programs for employees and to require attendance at any workshop, conference, etc., by employees, including special programs.
18. The Board and/or its representative may adopt rules and regulations not in conflict with the terms of this Agreement concerning the discipline of employees and said rules and regulations are not subject to the grievance procedure. The Board shall continue the right to determine and redetermine job content. The above are not to be interpreted as abridging or conflicting with any specific provision in this Agreement. 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 Agreement. Except as expressly provided otherwise in this Agreement, the determination and then only to administration of school policy, the extent such terms hereof are in conformance with the Laws operation and management of the State of Michiganschools, and the Laws direction of employees are vested exclusively in the United States.
D. Board. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during employee working hours are vested exclusively in the Board. It shall also be the sole right of the Board to hire all employees and subject to the provision of law to determine their qualifications and conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, and to promote and transfer all such employees. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restrictive of or a waiver of any rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the Board in the past.
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, ,and authority under the Michigan General School Laws of the State of Michigan and of the Federal Government of the United Statesor any other laws or regulations. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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. However, the Board shall bargain with the Association either over any wages, hours, working conditions in accord with the Public Employment Relations Act (PERA) and as to the taking of action under such rights or with respect to the consequence of such action during the term of set forth in this Agreementagreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. Manage and control the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the EmployerBoard.
2. Continue its rights rights, policies and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force force, and to lay off employees, but not in conflict with the provisions of this Agreement.
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 including automation thereof or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulationsregulations not in violation of this Agreement.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings building or other facilities.
8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
97. 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, authority, amount of supervision and the table of organization organizations, provided that the Employer Board shall not abridge any rights from employees as specifically provided for in this Agreement.
118. Determine the policy affecting the selection, testing testing, or training of employees employees, providing that such selection shall be based upon lawful criteria.
C. The exercise 9. To the executive management and administrative control of the foregoing powersschool system, rightsand its properties, authorityand facilities and the activities of its employees during working hours.
10. To establish hiring procedures.
11. To establish courses of instruction and professional development training programs for employees and to require attendance at any workshop, duties and responsibilities conference, etc., by employees, including special programs, offered during normal working hours. If attendance is required the Board will reimburse all expenses incurred by the Boardmember. In other instances, the adoption of policiesmember may request attendance.
12. Determine reasonable district provisions for health, rules, regulationssafety, and practices first aid of employees during hours of employment.
B. Except as expressly provided otherwise in furtherance thereofthe Agreement, shall be limited only by the terms determinations and administration of school policy, the operation and management of the schools and the direction of employees are vested exclusively in theBoard.
C. This listing of specific management rights to this Agreement and then only is not intended to waive any rights as provided to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United StatesBoard by Revised School Code.
D. The matters contained Board agrees that except in this Agreement and/or emergencies it will not assign work or duties that have been exclusively performed by Employee(s) to non- Association members if doing so would result in the exercise layoff of any such rights Association members or would prevent the recall of the Board are not subject to further negotiations between the parties during the term of this Agreementlaid-off Association members, except as covered by Public Employment Relations Acts (XXXX).
Appears in 1 contract
Samples: Master Agreement
BOARD RIGHTS. A. 1. 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 the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. 2. 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 exclusively 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. A. Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. B. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, 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.
3C. Head Start and School Readiness. In the event there is a conflict between Policy Council policies and procedures this Agreement shall prevail.
D. The right to direct the working forceswork force, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees.
4. E. 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 including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein.
5. F. Adopt reasonable rules and regulations.
6. G. Determine the qualifications of employees, including physical conditionsrequirements.
7. H. Determine the location or relocation of its facilities, including the establishment or relocations or new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities.
8. I. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
9. J. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. K. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer employer shall not abridge any rights from employees as specifically provided for in this Agreement.
11. L. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria.
C. 3. 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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. 4. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Employment Agreement
BOARD RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School Laws of the State of Michigan and of the Federal Government of the United Statesor any other laws or regulations. Except as specifically stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. . It is expressly agreed that all rights rights' which ordinarily vest in and have been exercised by the Board, 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 Support Staff 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 the school's its business, the its equipment, the and its operations and to direct the working forces and affairs of the EmployerBoard.
2. Continue its rights rights, policies, and past practice practices of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, personnel 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 or school hours or days.
3. The right to direct the working forces, including the right to hire, promote, suspend suspend, and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off layoff employees, but not conflict with the provisions of this Agreement.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work including automation or contracting thereof or changes therein, the instruction institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations 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, servicesservice, 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.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the Employer Board shall not abridge any rights from employees as specifically provided for in this Agreement.
11. Determine the policy affecting the selection, testing testing, or training of employees employees, providing that such selection selections shall be based upon lawful criteria.
C. 12. The Board shall continue to have exclusive right to establish, modify, or change any condition except those covered by provisions of this Master Agreement.
13. The Board shall determine all methods and means to carryon the operation of the schools, including automation or contracting thereof or changes therein.
14. To the executive management and administrative control of the school system, and its properties, and facilities and the activities of its employees during working hours.
15. To hire all employees to determine their qualifications, and conditions for their continued employment, or their dismissal or demotion; and to promote and transfer all such employees.
16. To establish hiring procedures and qualification.
17. To establish courses of instruction and in-service training programs for employees and to require attendance at any workshop, conference, etc., by employees, including special programs.
18. The Board and/or its representative may adopt rules and regulations not in conflict with the terms of this Agreement concerning the discipline of employees and said rules and regulations are not subject to the grievance procedure. The Board shall continue the right to determine and redetermine job content. The above are not to be interpreted as abridging or conflicting with any specific provision in this Agreement. The exercise of the foregoing powers, rights, authority, duties and responsibilities responsibi~ities 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 Agreement. Except as expressly provided otherwise in this Agreement, the determination and then only to administration of school policy, the extent such terms hereof are in conformance with the Laws operation and management of the State of Michiganschools, and the Laws direction of employees are vested exclusively in the United States.
D. Board. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during employee working hours are vested exclusively in the Board. It shall also be the sole right of the Board to hire all employees and subject to the provision of law to determine their qualifications and conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, and to promote and transfer all such employees. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restrictive of or a waiver of any rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the Board in the past .
Appears in 1 contract
Samples: Master Agreement
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 StatesSECTION 5 1. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, 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 Board, without prior negotiations with the Association Association, either as to the taking of action actions under such rights rights, or with respect to the consequence of such action during the term of this Agreementthe agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. Manage a. The executive management and administrative control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. Continue school system and its rights and past practice of assignment and direction of work of all of its personnelproperties, determine the number of shifts and hours of workfacilities, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreementequipment, and the right to establish, modify or change any work or business hours or daysactivities of its teachers during teacher working hours.
3. The right b. Hire all teachers and, subject to direct the working forcesprovision of law, to determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, and to promote and transfer all such teachers.
c. Establish levels and courses of instruction, including the right to hirespecial programs, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employeesprovide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board.
4. d. Decide upon the means and methods of instructions, the selection of textbooks and other teaching materials, and the use of teaching aids of every kind and nature.
e. Determine the services, supplies and equipment necessary to continue its operations operation and to determine the 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 thereof or changes therein, ; the instruction institution of new and/or improved methods or changes therein.
5. f. Adopt reasonable rules and regulationsregulations and policies.
6. g. Determine the qualifications of employees, including physical conditions.
7. Determine the number and location or relocation of its facilities, including the establishment or relocations or of new schools, buildings, departments, divisions or subdivisions of sub- divisions thereof and the relocation relocations or closing of offices, departments, divisions or subdivisionssub- divisions, buildings or other facilities.
8. Determine the placement of operations, production, services, 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.
10. h. Determine the size of the management organizationorganizations, its functions, authority, amount of supervision and table of organization or organizations, provided that the Employer Board shall not abridge any rights from employees teachers as specifically provided for in this Agreement.
11. i. Determine the policy affecting effecting the selection, testing or training of employees teachers, providing that such selection shall be based upon lawful criteria.
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, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States.
D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
