Common use of BOARD'S RIGHTS Clause in Contracts

BOARD'S RIGHTS. A. It is 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 consequences of such action during the term of the Agreement. Such rights shall include, by way of illustration and not by way of limitations, the right to: 1. 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; 2. Hire all employees, and subject to the provision of law, 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 employees; 3. Determine the services, supplies and equipment necessary to continue its operations and to determine all methods and means of distributing, dissemination, and/or selling its services, methods, schedules and standards of operation; the means, methods and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, department, divisions, or subdivisions thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the Board shall not abridge rights from employees as specifically provided for in this Agreement; 7. Determine the policy affecting the selection, testing or training of employees, providing that such selection shall be based upon lawful criteria; 8. Determine and re-determine job content.

BOARD'S RIGHTS. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the Michigan General Schools Laws, or any other laws or regulations. Except as specifically stated by this Agreement, all 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, 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, rights or with respect to the consequences of such action during the term of the this Agreement. Such rights shall include, by way of illustration and not by the way of limitationslimitation, the right to: 1. The executive management Manage and administrative control its business, its equipment and its operations and to direct the working forces and affairs of the school system and its properties, facilities, equipment and the activities of its employees during employee working hours;Employer. 2. Hire Continue its rights, policies and practices of assignment and direction of its personnel, determine the number of personnel and scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days. 3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, and subject to the provision of lawtransfer employees, determine their qualifications and the conditions for their continued employment, their placement assign work or their dismissal, suspension, layoff business or demotion, and to promote and transfer all such employees;school hours or days. 34. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine all methods and means of distributingdistribution, dissemination, and/or selling its services, methods, schedules and standards of operation; , the means, methods, 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 institution of new and/or improved methods or changes therein;. 45. Adopt rules and regulations;. 56. Determine the qualifications of employees, including physical conditions as provided by law. 7. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departmentdepartments, divisions, or subdivisions thereof, and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings or other facilities;. 68. Determine the placement of operations, production, service, maintenance or distribution of work and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functionsfunction, authority, amount of supervision and table of organization, provided that the Board shall not abridge rights from employees as specifically provided for in this Agreement;. 711. Determine the policy affecting the selection, testing or training of employees. 12. To hire all employees, providing that such selection shall be based upon lawful criteria;to determine their qualifications and conditions for their continued employment. 813. Determine 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. 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. 15. To determine and re-determine job content. C. There is exclusively reserved to the Board all responsibilities, powers, rights and authority vested in it by the laws and constitutions of the State of Michigan and 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 employees covered by this agreement, 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 power and rights, acts through its administrative staff. D. Subject to the provisions of this agreement and Public Act 379 of the Public Acts of 1965, the school district reserves and retains full rights, authority and discretion to control, supervise and manage the operations of all schools and the educational process and to make all decisions and policies not inconsistent with the terms of this Agreement.

BOARD'S RIGHTS. A. It is agreed that The Board, on its own behalf and on behalf of the electors of the School District, hereby retains and reserves the rights unto itself, all rights which ordinarily vest the powers, rights, authority, duties, and responsibilities conferred upon and vested in and have been exercised it by the Board, except those which are clearly school code 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 consequences of such action during the term laws of the Agreement. Such rights shall state, the constitution of the State of Michigan, and/or include, by way of illustration and not by way of limitations, the right to: 1. The executive management manage and administrative control its business, its equipment, its operations, and direct the working forces and affairs of the entire school system and its properties, facilities, equipment and within the activities boundaries of its employees during employee working hoursthe School District of Bedford; 2. Hire all employeescontinue its rights, policies, and subject to the provision practices of lawassignment and direction of its personnel, determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotionnumber of personnel, and to promote and transfer schedule all such employeesthe foregoing; 3. Determine direct the working force, including the right to establish and/or eliminate positions, to hire, evaluate, promote, suspend, discharge employees, transfer employees, assign work or duties to employees, determine the size of the work force, and to lay-off employees; 4. determine the services, supplies supplies, and equipment necessary to continue its operations operation and to determine all methods and means of distributingdistributing the above and establishing standards of operation, dissemination, and/or selling its servicesthe means, methods, schedules and standards of operation; the means, methods and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 45. Adopt determine the qualifications of employees; 6. adopt rules and regulations; 57. Determine determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departmentdepartments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities; 68. Determine determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; and 9. determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization, provided . B. It is further recognized that the Board shall not abridge Board, in meeting such responsibility and in exercising its powers and rights, acts through its administrative staff. C. The listing of specific management rights from employees as specifically provided for in this Agreement; 7. Determine the policy affecting the selection, testing or training of employees, providing that such selection Agreement is not intended to be nor shall be based upon lawful criteria; 8. Determine restrictive of a waiver of any rights of management not listed and re-determine job contentspecifically surrendered herein, whether or not such rights have been exercised by the Board in the past.

BOARD'S RIGHTS. A. It is agreed that The Board, on its own behalf and on behalf of the electors of the school District, hereby retains and reserves unto itself, all rights which ordinarily vest the powers, rights, authority, duties, and responsibilities conferred upon and vested in and have been exercised it by the Board, except those which are clearly school code 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 consequences of such action during the term laws of the Agreement. Such rights shall state, the constitution of the State of Michigan and/or include, by way of illustration and not by way of limitationslimitation, the right rights to: 1. The executive management Manage and administrative control its business, its equipment, and its operations and direct the working forces and affairs of the entire school system within the boundaries of the school system and its properties, facilities, equipment and the activities District of its employees during employee working hoursBedford; 2. Hire Continue its rights, policies and practices of assignment and direction of its personnel, determine the number of personnel, and schedule all the foregoing; 3. Direct the working force, including the right to establish and/or eliminate positions, to hire, evaluate, promote, suspend, and discharge employees, and subject transfer employees, assign work or duties to the provision of lawemployees, determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotionsize of the work force, and to promote and transfer all such lay off employees; 34. Determine the services, supplies supplies, and equipment necessary to continue its operations operation and to determine all methods and means of distributingdistributing the above and establishing standards of operation, dissemination, and/or selling its servicesthe means, methods, schedules and standards of operation; the means, methods and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 45. Determine the qualifications of employees; 6. Adopt rules and regulations; 57. Determine the number and location or relocation of its facilities, including the establishment or relocation relocation's of new schools, buildings, departmentdepartments, divisions, division or subdivisions thereof, sub-divisions thereof and the relocation or closing of offices, departments, divisions or subdivisionssub-divisions, buildings buildings, or other facilities; 68. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 9. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization, provided . B. It is further recognized that the Board, in meeting such responsibility and exercising its powers and rights, acts through its administrative staff. C. The listing of specific management rights in this agreement is not intended to be nor shall 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. D. The Board shall not abridge rights from employees as specifically provided for in continue to have the exclusive right to establish, modify, or change any conditions except those covered by provision of this Master Agreement; 7. Determine the policy affecting the selection, testing or training of employees, providing that such selection shall be based upon lawful criteria; 8. Determine and re-determine job content.

BOARD'S RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardEmployer, except those which are clearly and expressly relinquished herein by the BoardEmployer, shall continue to vest exclusively in, 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, rights or with respect to the consequences consequence of such action during the term of the this Agreement. Such rights shall include, by way of illustration and not by way of limitationslimitation, the right to: 1. The executive management Manage and administrative control the Employer's business, the equipment, the operations, and to direct the working forces and affairs of the school system and its properties, facilities, equipment and the activities of its employees during employee working hours;Employer. 2. Hire Continue its rights and past practice of assignment and direction of work to OF all employeesof its personnel, determine the number of shifts and hours of work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and subject the right to establish, modify or change any work or business hours or days if necessary. 3. The right to direct the provision working forces, including the right to hire, promote, discipline and discharge Employees as provided herein, transfer Employees, assign work or extra duties to Employees (if above the Employee's classification, such assignment will be temporary and of lawa short duration), determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, size of the work force and to promote and transfer all such employees;lay off Employees. 34. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine all methods and means of distributing, dissemination, and/or selling its services, the methods, schedules and standards of operation; , the means, methods methods, and processes of carrying on out the work, including automation or contracting thereof, work or changes therein; , the institution of new and/or improved methods or changes therein;. 45. Adopt rules and regulations;. 56. Determine the qualifications of Employees, including an Employee’s physical and mental ability to perform the essential functions of that Employee’s job. 7. Determine the number and of, location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departmentdepartments, divisions, divisions or subdivisions thereof, thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;. 68. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, organization provided that the Board Employer shall not abridge any rights from employees of Employees as specifically provided for in this Agreement;. 711. Determine the policy affecting the selection, testing or training of employeesEmployees, providing that such selection shall be based upon lawful criteria; 8. Determine The exercise of the foregoing powers, rights, authority, duties and re-determine responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Employer of its rights, responsibilities, and authority under the Michigan REVISED SCHOOL CODE or any other FEDERAL, state, county, district or local laws or regulations as they pertain to education. The Employer shall have the right in its discretion to require an Employee to submit to a physical or mental examination at Employer expense by a licensed physician approved by the Employer in order to assure that the employees are able to perform essential job content.functions

BOARD'S RIGHTS. A. 3.1 It is 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 by, the Board Board, without prior negotiations with the Association, either as to the taking of action under such rights, or with respect to the consequences of such action during the term of the Agreement. Such rights shall include, by way of illustration and not by way of limitationslimitation, the right to: 1. 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; 2. Hire all employeesemployees and, and subject to the provision of law, determine their qualifications and the conditions for their continued employment; their work assignment, their placement or their placement, dismissal, suspension, layoff or demotion, ; and to promote and promote, and/or transfer all such employees; 3. Determine the services, supplies and equipment necessary to continue its operations and to determine all methods and means of distributing, disseminationdisseminating, and/or selling its services, methods, schedules and standards of operation; the means, methods and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilitiesfacilities and programs, including the establishment or relocation of new schools, programs, functions, buildings, departmentdepartments, divisions, or subdivisions thereof, ; and the relocation or closing of offices, programs, functions, departments, divisions or subdivisions, buildings or other facilities;. 6. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the Board shall not abridge rights from employees as specifically provided for in this Agreement;. 7. Determine the policy affecting the selection, testing or training of employees, providing that such selection shall be based upon lawful criteria;. 8. Determine and re-determine job contentcontent and any necessary reasonable accommodations. 9. The determination to establish, modify, or change any condition except those covered by the specific provisions of this Agreement or those working conditions addressed by the Constitution and laws of the State of Michigan and the United States, or by the Board’s past management practice. The above are not to be interpreted as abridging or conflicting with any specific provision in this Agreement.

BOARD'S RIGHTS. A. It is 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 consequences of such action during the term of the Agreement. Such rights shall include, by way of illustration and not by way of limitations, the right to: 1. 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; 2. Hire all employees, and subject to the provision of law, 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 employees; 3. Determine the services, supplies and equipment necessary to continue its operations and to determine all methods and means of distributing, dissemination, and/or selling its services, methods, schedules and standards of operation; the means, methods and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, department, divisions, or subdivisions thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the Board shall not abridge rights from employees as specifically provided for in this Agreement; 7. Determine the policy affecting the selection, testing or training of employees, providing that such selection shall be based upon lawful criteria; ; 8. Determine and re-determine job content.

BOARD'S RIGHTS. A. 3.1 It is 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 by, the Board Board, without prior negotiations with the Association, either as to the taking of action under such rights, or with respect to the consequences of such action during the term of the Agreement. Such rights shall include, by way of illustration and not by way of limitationslimitation, the right to: 1. 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; 2. Hire all employeesemployees and, and subject to the provision of law, 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 employees; 3. Determine the services, supplies and equipment necessary to continue its operations and to determine all methods and means of distributing, dissemination, and/or selling its services, methods, schedules and standards of operation; the means, methods and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departmentdepartments, divisions, or subdivisions thereof, ; and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;. 6. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the Board shall not abridge rights from employees as specifically provided for in this Agreement;A.greement. 7. Determine the policy affecting the selection, testing or training of employees, providing that such selection shall be based upon lawful la\vful criteria; 8. Determine and re-determine job content.

BOARD'S RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardEmployer, except those which are clearly and expressly relinquished herein by the BoardEmployer, shall continue to vest exclusively in, 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, rights or with respect to the consequences consequence of such action during the term of the this Agreement. Such rights shall include, by way of illustration and not by way of limitationslimitation, the right to: 1. The executive management Manage and administrative control the Employer's business, the equipment, the operations, and to direct the working forces and affairs of the school system and its properties, facilities, equipment and the activities of its employees during employee working hours;Employer. 2. Hire Continue its rights and past practice of assignment and direction of work to OF all employeesof its personnel, determine the number of shifts and hours of work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and subject the right to establish, modify or change any work or business hours or days if necessary. 3. The right to direct the provision of lawworking forces, including the right to hire, promote, discipline and discharge Employees as provided herein, transfer Employees, assign work or extra duties to Employees, determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, size of the work force and to promote and transfer all such employees;lay off Employees. 34. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine all methods and means of distributing, dissemination, and/or selling its services, the methods, schedules and standards of operation; , the means, methods methods, and processes of carrying on out the work, including automation or contracting thereof, work or changes therein; , the institution of new and/or improved methods or changes therein;. 45. Adopt rules and regulations;. 56. Determine the qualifications of Employees, including an Employee’s physical and mental ability to perform the essential functions of that Employee’s job. 7. Determine the number and of, location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departmentdepartments, divisions, divisions or subdivisions thereof, thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;. 68. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, organization provided that the Board Employer shall not abridge any rights from employees of Employees as specifically provided for in this Agreement;. 711. Determine the policy affecting the selection, testing or training of employeesEmployees, providing that such selection shall be based upon lawful criteria;. 812. Determine The Employer may assign work interchangeably among job classifications provided that such assignments are not made for arbitrary and re-determine capricious reasons and are temporary and of short duration. Employees are entitled to receive reasonable notice (e.g. 24 hours) of any change of assignment between classifications unless operational exigencies prevent the Employer from providing such notice. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States. Nothing contained herein shall be considered to deny or restrict the Employer of its rights, responsibilities, and authority under the Michigan REVISED SCHOOL CODE or any other FEDERAL, state, county, district or local laws or regulations as they pertain to education. The Employer shall have the right in its discretion to require an Employee to submit to a physical or mental examination at Employer expense by a licensed physician approved by the Employer in order to assure that the employees are able to perform essential job content.functions