CITY MANAGEMENT RIGHTS. A. Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are specified by law. In order to fulfill this responsibility, it is the exclusive right of City management to determine the mission of its constituent departments, offices, and boards, set standards of services to be offered to the public, and exercise control and discretion over the City's organization and operations. It is also the exclusive right of City management to take disciplinary action for proper cause, relieve City employees from duty because of lack of work or other legitimate reasons and determine the methods, means and personnel by which the City's operations are to be conducted and to take all necessary actions to maintain uninterrupted service to the community and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees or their representatives from consulting or grieving about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
B. The Chief of Police has the authority to transfer and assign employees of the Department. Such transfers and assignments are not grievable and are not arbitrable regardless of the reason for the transfer.
C. Nothing contained in this Article shall be deemed to amend the Articles in Section 7.0.
D. The City agrees that there will be no mandatory furloughs of Unit employees during the term of the MOU.
CITY MANAGEMENT RIGHTS. (A) The City and the Association agree that the Management Officials of the City possess the sole right to operate the City and that all management rights remain with those officials except as modified by the terms of this agreement. These rights include:
1. The right to hire, direct or transfer employees, except when such assignment or transfer is done for disciplinary purposes.
2. The right to reduce in force or lay off any employee because of lack of work or lack of funds.
3. The right to determine appropriate staffing levels and work performance standards, except for safety considerations.
4. The right to determine quality and quantity of services to be offered to the public and the means and methods of offering those services.
5. The right to determine the content of the workday including, without limitation, workload factors, except for safety considerations.
6. The right to take whatever action may be necessary to carry on its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Such actions may include the suspension of this collective bargaining agreement for the duration of the emergency.
7. The City has the ultimate right and responsibility to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers, and its employees.
8. The City shall have such other exclusive rights as may be determined by NRS 288.150.
CITY MANAGEMENT RIGHTS. Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are specified by law. In order to fulfill this responsibility, it is the exclusive right of City management to determine the mission of its constituent departments, offices and boards, set standards of services to be offered to the public and exercise control and discretion over the City organization and operations. It is also the exclusive right of City management to take disciplinary action for proper cause, relieve City employees from duty because of lack of work or other legitimate reasons and determine the methods, means and personnel by which the City's operations are to be conducted and to take any necessary actions to maintain uninterrupted service to the community and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees or their representatives from consulting or raising grievances about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
CITY MANAGEMENT RIGHTS. A. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the City without negotiations (except as modified by the terms of this Agreement) include:
1. The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
2. The right to reduce in force or lay off any employee because of lack of work or lack of funds, subject to Paragraph (t) of Subsection 2 of NRS 288.150.
3. The right to determine:
a. Appropriate staffing levels and work performance standards except for safety considerations;
b. The content of the workday, including without limitation workload factors, except for safety consideration;
c. The quality and quantity of services to be offered the public;
d. The means and methods of offering those services.
4. Safety of the public.
B. Notwithstanding this Agreement, the City is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as riot, military action, natural disaster, or civil disorder. Such actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection shall not be construed as a failure to negotiate in good faith.
C. The City shall have the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
CITY MANAGEMENT RIGHTS. Pursuant to Section 3.17.030 of the City’s Personnel Rules, the following shall constitute City’s management rights:
A. To ensure that City is able to carry out its statutory functions and responsibilities, nothing contained in this Article shall be construed to require City to negotiate on matters which are solely a function of management, including the following:
1. To manage City generally and to determine the issues of policy.
2. To determine the existence of facts which are the basis of management decisions.
3. To determine the necessity for and organization of any service or activity conducted by City, and to expand or diminish services.
4. To determine the nature, manner, means, technology, and extent of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to allocate and assign the work by which City operations are to be conducted.
8. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including, but not limited to, the right to contract for or subcontract any work or operation of City, except where such contracts for service would be for the purpose of workforce reductions.
9. To assign work to and schedule employees in accordance with requirements as determined by City, and to establish and change work schedules and assignments upon reasonable notice and good faith consultation.
10. To lay off employees from duties because of lack or work or funds, or under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and standards.
12. To dismiss, suspend without pay, demote, reprimand, withhold salary step increases, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and job classifications, and to reclassify employees.
14. To hire, transfer, promote, and demote employees for non-disciplinary reasons.
15. To determine policies, procedures, and standards for selection, training, and promotion of employees.
16. To establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to req...
CITY MANAGEMENT RIGHTS. A. Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are specified by law. In order to fulfill this responsibility, the Mayor of the City of Los Angeles, the City Council, the Department, and Management (“City Management”) have the exclusive right to: determine the mission of its constituent departments, offices, and boards; set standards of services to be offered to the public; exercise control and discretion over the City’s organization and operations; select, promote, transfer, and/or discipline employees; relieve City employees from duty due to lack of work or other legitimate reasons; determine the methods, means, and personnel by which the City’s operations are to be conducted; take all necessary actions to maintain uninterrupted service to the community; and, execute its mission in emergencies. However, the exercise of these rights by City Management shall not preclude employees or their representatives from consulting or grieving about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
B. The Department has the authority to transfer and assign employees of the department. The parties agree that such transfers and assignments are not grievable and are not arbitrable regardless of the reason.
C. Nothing contained in this Article shall be deemed to amend the Articles in Section 3.0, Grievances.
CITY MANAGEMENT RIGHTS. The CITY retains and has the exclusive decision-making authority to manage municipal services and the work force performing those services so long as the CITY exercises such exclusive authority in conformance with the express specific terms of this MOU. The CITY has, except as expressly and lawfully restricted by specific provisions of this MOU, the exclusive decision-making authority to:
a. Determine and modify the organization of City government and its constituent work units.
b. Determine the nature, standards, levels and mode of delivery of services to be offered to the public, provided, however, should the CITY determine to change the mode of delivery of services to be offered to the public, it shall first notify SBEA/MSU and if an effect on represented employees is identified, shall meet and confer with SBEA/MSU regarding the effect of such decision on represented employees.
c. Determine the budget, to allocate funds and resources and determine revenue sources.
d. Determine methods, means, and the numbers and kinds of personnel by which services are to be provided.
e. determine whether goods or services shall be made, purchased or contracted for, provided, however, should the CITY determine to contract out bargaining unit work, it shall first meet and confer with SBEA/MSU regarding the effect of such decision on represented employees.
f. Determine employees, including scheduling and assignment of work and overtime.
g. Establish employee performance standards and require compliance therewith.
h. Promote or hire employees and establish job qualifications, descriptions and requirements.
i. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable law.
j. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
k. Implement rules, regulations and directives consistent with law and the specific provisions of this MOU.
l. Take all necessary actions to protect the public and carry out its mission in emergencies.
CITY MANAGEMENT RIGHTS. A. Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are specified by law. In order to fulfill this responsibility, City management has the exclusive right to: determine the mission of its constituent departments, officers, and boards; set standards of services to be offered to the public; exercise control and discretion over the City’s organization and operations; select, promote, transfer, and/or discipline employees; relieve City employees from duty due to lack of work or other legitimate reasons; determine the methods, means, and personnel by which the City’s operations are to be conducted; take all necessary actions to maintain uninterrupted service to the community; and, execute its mission in emergencies. All Management rights not specifically waived or addressed herein are retained by Management. However, the exercise of these rights by management shall not preclude employees or their representatives from consulting or grieving about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
B. Nothing contained in this Article shall be deemed to amend the Articles in Section 3, Grievances.
CITY MANAGEMENT RIGHTS. The City and the Association agree that the management officials of the City possess the sole right to operate the City and that all management rights remain with the officials. Those subject matters which are not within the scope of mandatory bargaining, and which are reserved to the city without negotiations, include: These rights include, but are not limited to, the subject matters which are not within the scope of mandatory bargaining, and which are reserved to the City without negotiations, including:
1. The right to hire, direct, assign or transfer employees, but excluding the right to assign or transfer an employee as a form of discipline.
2. The right to reduce in force or lay off any employee because of lack of work or lack of funds, subject to Paragraph (v) of Subsection 2 of NRS 288. 150 and to Article 16- Reductions in Force, of this contract.
3. The right to determine:
a) Appropriate staffing levels and work performance standards, except for safety considerations.
b) The content of the workday, including, without limitation, work load factors, except for safety considerations.
c) The quality and quantity of services to be offered the public,
d) The means and methods of offering those services.
4. Safety of the public: Notwithstanding this Agreement, the City is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as riot, military action, natural disaster, or civil disorder. Such actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this Subsection shall not be construed as a failure to negotiate in good faith. The City shall have the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner, consistent with the best interests of all its citizens, taxpayers and employees.
5. The City shall have such other exclusive rights that may be determined by NRS 288. 150.
CITY MANAGEMENT RIGHTS. The CITY retains and has the exclusive decision-making authority to manage municipal services and the work force performing those services so long as the CITY exercises such exclusive authority in conformance with the express specific terms of this MOU. The CITY has, except as expressly and lawfully restricted by specific provisions of this MOU, the exclusive decision-making authority to:
a) Determine and modify the organization of city government and its constituent work units.
b) Determine the nature, standards, levels, and mode of delivery of services to be offered to the public; provided, however, should the CITY determine to change the mode of delivery of services to be offered to the public, it shall first notify SBEA-MISCELLANEOUS EMPLOYEE GROUP and if an effect on represented employees is identified, shall meet, and confer with SBEA- MISCELLANEOUS EMPLOYEE GROUP regarding the effect of such decision on represented employees.
c) Determine the budget, to allocate funds and resources, and determine revenue sources.
d) Determine methods, means, and the numbers and kinds of personnel by which services are to be provided.
e) Determine whether goods or services shall be made, purchased, or contracted for; provided, however, should the CITY determine to contract out bargaining unit work, it shall first meet and confer with SBEA-MISCELLANEOUS EMPLOYEE GROUP regarding the effect of such decision on represented employees.
f) Determine employees, including scheduling and assignment of work and overtime.
g) Establish employee performance standards and require compliance therewith.
h) Promote or hire employees and establish job qualifications, descriptions, and requirements.
i) Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits or otherwise discipline employees subject to the requirements of applicable law.
j) Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
k) Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
l) Take all necessary actions to protect the public and carry out its mission in emergencies.
