Common use of City's Rights Clause in Contracts

City's Rights. Section 1. The Union and the employees covered herein agree that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted, or modified by the express written provisions of this Agreement, are, and shall remain, exclusively those of the City. Section 2. Not by way of limitations of the foregoing Section 1, but to indicate the type of matters or rights which belong to and are inherent to the City, the City retains the right to: (1) discharge, discipline, demote or suspend employees with just cause in accordance the grievance and arbitration provisions set forth in Article 10; hire and transfer employees; (2) determine the number of persons required to be employed or laid-off; (3) determine the qualifications of the employees covered by this Agreement; (4) determine the starting and quitting time and the hours to be worked by its employees, in accordance with the Fair Labor Standards Act, so long as this Act is applicable to City government; (5) make any and all reasonable rules and regulations; (6) determine the work assignments of its employees; (7) determine the basis for selection, retention and promotion of employees; (8) determine the type of equipment and the nature of work processes; (9) determine the making of technological changes by revising either process or equipment or both; (10) determine work standards and the quality and quantity of work to be produced; (11) select and locate buildings and other facilities; (12) establish, expand, transfer and/or consolidate work processes and facilities; (13) transfer work; (14) subcontract work, provided that the City will not subcontract work when doing so would directly result in the layoff of a bargaining unit employee, except that this provision will not apply during a fiscal emergency declared by the Mayor or Finance Director; (15) consolidate, merge or otherwise transfer any and all of its facilities, property, processes or work with or to any other municipality or entity, or affect or change in any respect the legal status, management, or responsibility of such property, facilities, or processes of work; (16) terminate or eliminate all or any part of its work or facilities; (17) require physical and psychiatric examinations at the direction of the City, such examinations to be made by a physician designated and paid for by the City, and such right not to be exercised in an arbitrary and capricious manner; (18) determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the City, standards of services, its overall budget, utilization of technology and organizational structure; (19) direct, supervise, evaluate, or hire employees; (20) maintain and improve the efficiency and effectiveness of governmental operations; (21) determine the overall methods, processes, means or personnel by which governmental operations are to be conducted; (22) determine the adequacy of the work force; (23) determine the overall mission of the employer as a unit of government; (24) effectively manage the work force; (25) take actions to carry out the mission of the public employer as a governmental unit; and (26) the City reserves the right to implement new or revise existing policies which do not conflict with the express terms of this Agreement. Section 3. Notwithstanding §4117.08 of the Ohio Revised Code, the Employer is not required to bargain on any subject - including, but not limited to, those enumerated above - reserved to and retained by the City under this Article.

City's Rights. Section 1. The Union OPBA and the employees covered herein agree that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted, or modified by the express written provisions of this Agreement, are, and shall remain, exclusively those of the City. Section 2. Not by way of limitations limitation of the foregoing Section 1, but to indicate the type of matters or rights which belong to and are inherent to the City, the City retains the right to: (1) hire, transfer, discharge, disciplinesuspend, demote demote, or suspend employees with just cause in accordance the grievance and arbitration provisions set forth in Article 10; hire and transfer discipline for cause, layoff, transfer, assign, schedule, promote and/or retain employees; (2) determine the number of persons required to be employed or employed, laid-offoff or discharged; (3) determine determine, in compliance with the authority of the Civil Service Commission, the qualifications of the employees covered by this Agreement; (4) determine the starting and quitting time and the reasonable number of hours to be worked by its employees, in accordance with the Fair Labor Standards Act, so long as this Act is applicable to City government; (5) make any and all reasonable rules and regulations; (6) determine the work assignments of its employees; (7) determine determine, in compliance with the authority of the Civil Service Commission, the basis for selection, retention and promotion of employeesemployees to or from occupations not within the bargaining unit; (8) determine the type of equipment and the nature of work processes; (9) determine the making of the technological changes by revising either process or equipment or both; (10) determine work standards and the quality and quantity of work to be produced; (11) select and locate buildings and other facilities; (12) establish, expand, transfer and/or consolidate work processes and facilities; (13) transfer or subcontract work; (14) subcontract work, provided that the City will not subcontract work when doing so would directly result in the layoff of a bargaining unit employee, except that this provision will not apply during a fiscal emergency declared by the Mayor or Finance Director; (15) consolidate, merge or otherwise transfer any and all of its facilities, property, processes or work with or to any other municipality or entity, or affect or change in any respect the legal status, management, or responsibility of such property, facilities, processes or processes of work; (1615) terminate or eliminate all or any part of its work or facilities; (1716) require physical and psychiatric examinations at the direction of the City, such examinations to be made by a physician designated and paid for by the City, and such right not to be exercised in an arbitrary and capricious manner; (1817) determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or of policy such as the functions and programs of the City, standards of services, its overall over- all budget, utilization of technology and organizational structure; (1918) direct, supervise, evaluate, evaluate or hire employees; (2019) maintain and improve the efficiency and effectiveness of governmental operations; (2120) determine the overall methodsmethods process, processesmeans, means or personnel by which governmental operations are to be conducted; (2221) determine the adequacy of the work force; (2322) determine the overall mission of the employer as a unit of government; (2423) effectively manage the work force; (2524) take actions to carry out the mission of the public employer as a governmental unit; and (2625) the City reserves the right to implement new new, or revise existing policies which do not conflict with the express terms of this Agreement. Section 3. It is the intent of the City to maintain the use of full-time Sergeants. Section 4. Notwithstanding §4117.08 of the Ohio Revised Code, the Employer is not required to bargain on any subject - including, but not limited to, those enumerated above - reserved to and retained by the City under this Article.

City's Rights. Section 1. The Union OPBA and the employees covered herein agree that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted, or modified by the express written provisions of this Agreement, are, and shall remain, exclusively those of the City. Section 2. Not by way of limitations limitation of the foregoing Section 1, but to indicate the type of matters or rights which belong to and are inherent to the City, the City retains the right to: (1) hire, transfer, discharge, disciplinesuspend, demote demote, or suspend employees with just cause in accordance the grievance and arbitration provisions set forth in Article 10; hire and transfer discipline for cause, layoff, transfer, assign, schedule, promote and/or retain employees; (2) determine the number of persons required to be employed or employed, laid-offoff or discharged; (3) determine determine, in compliance with the authority of the Civil Service Commission, the qualifications of the employees covered by this Agreement; (4) determine the starting and quitting time and the reasonable number of hours to be worked by its employees, in accordance with the Fair Labor Standards Act, so long as this Act is applicable to City government; (5) make any and all reasonable rules and regulations; (6) determine the work assignments of its employees; (7) determine determine, in compliance with the authority of the Civil Service Commission, the basis for selection, retention and promotion of employeesemployees to or from occupations not within the bargaining unit; (8) determine the type of equipment and the nature of work processes; (9) determine the making of the technological changes by revising either process or equipment or both; (10) determine work standards and the quality and quantity of work to be produced; (11) select and locate buildings and other facilities; (12) establish, expand, transfer and/or consolidate work processes and facilities; (13) transfer or subcontract work; (14) subcontract work, provided that the City will not subcontract work when doing so would directly result in the layoff of a bargaining unit employee, except that this provision will not apply during a fiscal emergency declared by the Mayor or Finance Director; (15) consolidate, merge or otherwise transfer any and all of its facilities, property, processes or work with or to any other municipality or entity, or affect or change in any respect the legal status, management, or responsibility of such property, facilities, processes or processes of work; (1615) terminate or eliminate all or any part of its work or facilities; (1716) require physical and psychiatric examinations at the direction of the City, such examinations to be made by a physician designated and paid for by the City, and such right not to be exercised in an arbitrary and capricious manner; (1817) determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or of policy such as the functions and programs of the City, standards of services, its overall over- all budget, utilization of technology and organizational structure; (1918) direct, supervise, evaluate, evaluate or hire employees; (2019) maintain and improve the efficiency and effectiveness of governmental operations; (2120) determine the overall methodsmethods process, processesmeans, means or personnel by which governmental operations are to be conducted; (2221) determine the adequacy of the work force; (2322) determine the overall mission of the employer as a unit of government; (2423) effectively manage the work force; (2524) take actions to carry out the mission of the public employer as a governmental unit; and (2625) the City reserves the right to implement new new, or revise existing policies which do not conflict with the express terms of this Agreement. Section 3. It is the intent of the City to maintain the use of full-time police officers. The City will not schedule part-time employees to the degree that the hours of part-time employees exceed fifty percent (50%) of the hours of full-time classified police department personnel (including sergeants and the Chief as well as employees covered by this Agreement) over a calendar year period. Section 4. Notwithstanding §4117.08 of the Ohio Revised Code, the Employer is not required to bargain on any subject - including, but not limited to, those enumerated above - reserved to and retained by the City under this Article.

City's Rights. Section 1. The Union OPBA and the employees covered herein agree that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted, or modified by the express written provisions of this Agreement, are, and shall remain, exclusively those of the City. Section 2. Not by way of limitations limitation of the foregoing Section 1, but to indicate the type of matters or rights which belong to and are inherent to the City, the City retains the right to: (1) hire, transfer, discharge, disciplinesuspend, demote demote, or suspend employees with just cause in accordance the grievance and arbitration provisions set forth in Article 10; hire and transfer discipline for cause, layoff, transfer, assign, schedule, promote and/or retain employees; (2) determine the number of persons required to be employed or employed, laid-offoff or discharged; (3) determine determine, in compliance with the authority of the Civil Service Commission, the qualifications of the employees covered by this Agreement; (4) determine the starting and quitting time and the reasonable number of hours to be worked by its employees, in accordance with the Fair Labor Standards Act, so long as this Act is applicable to City government; (5) make any and all reasonable rules and regulations; (6) determine the work assignments of its employees; (7) determine determine, in compliance with the authority of the Civil Service Commission, the basis for selection, retention and promotion of employeesemployees to or from occupations not within the bargaining unit; (8) determine the type of equipment and the nature of work processes; (9) determine the making of the technological changes by revising either process or equipment or both; (10) determine work standards and the quality and quantity of work to be produced; (11) select and locate buildings and other facilities; (12) establish, expand, transfer and/or consolidate work processes and facilities; (13) transfer or subcontract work; (14) subcontract work, provided that the City will not subcontract work when doing so would directly result in the layoff of a bargaining unit employee, except that this provision will not apply during a fiscal emergency declared by the Mayor or Finance Director; (15) consolidate, merge or otherwise transfer any and all of its facilities, property, processes or work with or to any other municipality or entity, or affect or change in any respect the legal status, management, or responsibility of such property, facilities, processes or processes of work; (1615) terminate or eliminate all or any part of its work or facilities; (1716) require physical and psychiatric examinations at the direction of the City, such examinations to be made by a physician designated and paid for by the City, and such right not to be exercised in an arbitrary and capricious manner; (1817) determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or of policy such as the functions and programs of the City, standards of services, its overall over- all budget, utilization of technology and organizational structure; (1918) direct, supervise, evaluate, evaluate or hire employees; (2019) maintain and improve the efficiency and effectiveness of governmental operations; (2120) determine the overall methodsmethods process, processesmeans, means or personnel by which governmental operations are to be conducted; (2221) determine the adequacy of the work force; (2322) determine the overall mission of the employer as a unit of government; (2423) effectively manage the work force; (2524) take actions to carry out the mission of the public employer as a governmental unit; and (2625) the City reserves the right to implement new new, or revise existing policies which do not conflict with the express terms of this Agreement. Section 3. It is the intent of the City to maintain the use of full-time police officers. The City will not schedule part-time employees to the degree that the hours of part-time employees exceed fifty percent (50%) of the hours of full-time classified police department personnel (including sergeants, lieutenants and the Chief as well as employees covered by this Agreement) over a calendar year period. Section 4. Notwithstanding §4117.08 of the Ohio Revised Code, the Employer is not required to bargain on any subject - including, but not limited to, those enumerated above - reserved to and retained by the City under this Article.-

City's Rights. Section 1. The OPBA Union and the employees covered herein agree that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted, or modified by the express written provisions of this Agreement, are, and shall remain, exclusively those of the City. Section 2. Not by way of limitations limitation of the foregoing Section 1, but to indicate the type of matters or rights which belong to and are inherent to the City, the City retains the right to: (1) hire, transfer, discharge, disciplinesuspend, demote demote, or suspend employees with just cause in accordance the grievance and arbitration provisions set forth in Article 10; hire and transfer discipline for cause, layoff, transfer, assign, schedule, promote and/or retain employees; (2) determine the number of persons required to be employed or employed, laid-offoff or discharged; (3) determine determine, in compliance with the authority of the Civil Service Commission, the qualifications of the employees covered by this Agreement; (4) determine the starting and quitting time and the reasonable number of hours to be worked by its employees, in accordance with the Fair Labor Standards Act, so long as this Act is applicable to City government; (5) make any and all reasonable rules and regulations; (6) determine the work assignments of its employees; (7) determine determine, in compliance with the authority of the Civil Service Commission, the basis for selection, retention and promotion of employeesemployees to or from occupations not within the bargaining unit; (8) determine the type of equipment and the nature of work processes; (9) determine the making of the technological changes by revising either process or equipment or both; (10) determine work standards and the quality and quantity of work to be produced; (11) select and locate buildings and other facilities; (12) establish, expand, transfer and/or consolidate work processes and facilities; (13) transfer or subcontract work; (14) subcontract work, provided that the City will not subcontract work when doing so would directly result in the layoff of a bargaining unit employee, except that this provision will not apply during a fiscal emergency declared by the Mayor or Finance Director; (15) consolidate, merge or otherwise transfer any and all of its facilities, property, processes or work with or to any other municipality or entity, or affect or change in any respect the legal status, management, or responsibility of such property, facilities, processes or processes of work; (1615) terminate or eliminate all or any part of its work or facilities; (1716) require physical and psychiatric examinations at the direction of the City, such examinations to be made by a physician designated and paid for by the City, and such right not to be exercised in an arbitrary and capricious manner; (1817) determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or of policy such as the functions and programs of the City, standards of services, its overall over- all budget, utilization of technology and organizational structure; (1918) direct, supervise, evaluate, evaluate or hire employees; (2019) maintain and improve the efficiency and effectiveness of governmental operations; (2120) determine the overall methodsmethods process, processesmeans, means or personnel by which governmental operations are to be conducted; (2221) determine the adequacy of the work force; (2322) determine the overall mission of the employer as a unit of government; (2423) effectively manage the work force; (2524) take actions to carry out the mission of the public employer as a governmental unit; and (2625) the City reserves the right to implement new new, or revise existing policies which do not conflict with the express terms of this Agreement. Section 3. It is the intent of the City to maintain the use of full-time police officers. The City will not schedule part-time employees to the degree that the hours of part-time employees exceed fifty percent (50%) of the hours of full-time classified police department personnel (including sergeants and the Chief as well as employees covered by this Agreement) over a calendar year period. Section 4. Notwithstanding §4117.08 of the Ohio Revised Code, the tThe Employer is not required to bargain on any subject - including, but not limited to, those enumerated above - reserved to and retained by the City under this Article.