Common use of COMMITTEE RIGHTS Clause in Contracts

COMMITTEE RIGHTS. The Chelmsford School Committee and the Superintendent are provided with powers under the laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed or construed to derogate from or impair any power, right or duty conferred upon the Committee or District or the Superintendent by law or any rule or regulation of the Commonwealth. Except as is otherwise expressly provided by the terms of this Agreement, the determination of educational policy, the operation of the schools and the direction of the working forces are exclusively that of the Superintendent and/or the School Committee in accordance with the laws of the Commonwealth. Nothing in this Agreement shall limit the School Committee, its Superintendent or any of its agents in the exercise of their functions of management and in the direction and supervision of the School Department. This includes, but is not limited to, the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods; hire; suspend, demote, discharge or otherwise discipline; transfer or promote; layoff because of lack of work or lack of funds; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs, abolish existing jobs; determine where, when, how and by whom work will be done; determine standards of proficiency in job skills, except where any such rights are specifically modified or abridged by terms of this Agreement. Unless an express, specific provision of this Agreement clearly provides otherwise, the Committee, acting through its Superintendent and principals or other appropriate officials strictly adhering to the chain of command as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by law, custom, practice, usage or precedent to manage and control the School Department.

COMMITTEE RIGHTS. The Chelmsford School Committee and the Superintendent are provided with powers under the laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed or construed to derogate from or impair any power, right or duty conferred upon the Committee or District or the Superintendent by law or any rule or regulation of the Commonwealth. Except as is otherwise expressly provided where such rights are specifically relinquished, abridged or limited by the terms provisions of this Agreementcontract, the Committee has and will continue to retain, whether exercised or not, all of the rights, powers and authority heretofore had by it, including, but not limited to, the determination of educational policy, the operation of the schools and the direction of the working forces forces. Said areas are exclusively that those of the Superintendent and/or the School Committee in accordance with the laws of the Commonwealth. Nothing in this Agreement The Ashland School Committee and the Superintendent under committee rights shall limit the School Committee, its Superintendent or any of its agents in the exercise of their functions of management and in the management, direction and supervision of the School Department. This includes, but is not limited to, the right to: add or eliminate departments; : require and assign overtime; increase or decrease the number of jobs; change process; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods; hire; suspend, ; demote, discharge discipline or otherwise disciplinedischarge; transfer or promote; layoff because of lack of work initiate layoffs due to financial constraints or lack of fundsother legitimate business reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; , establish new jobs, ; abolish and change existing jobs; determine where, when, when and how and by whom work will be done; done and to determine standards of proficiency in job skillsproficiency, except where any such rights are specifically modified or abridged by the terms of this agreement. This agreement does not purport to spell out all the job responsibilities and obligations of the employees covered by this agreement. Job descriptions are not meant to be all-inclusive. The Committee reserves the right to assign duties consistent with an employee’s training and ability, regardless of whether the exact duty is listen in any written job description. Nothing in this Article will prevent the Association from filing a grievance concerning a violation of a specific provision of this Agreement. Where no specific provision of the contract limits the Committee’s right, then the Committee retains its right to exercise its management prerogative. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Committee, the adoption of reasonable rules, policies, 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. Unless an express, specific provision of this Agreement clearly provides otherwise, the Committee, acting through its Superintendent and principals or other appropriate officials strictly adhering to the chain of command as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by law, custom, practice, usage or precedent to manage and control the School Department.

COMMITTEE RIGHTS. A. The Chelmsford Brockton School Committee and the Superintendent are provided with the powers under the laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed or construed to derogate from or impair any power, right or duty conferred upon the Committee or District or the Superintendent by law or any rule or regulation of the Commonwealth. Except as is otherwise expressly provided where such rights are specifically relinquished, abridged, or limited by the terms provisions of this Agreementcontract, the Committee and Superintendent have and will continue to retain, whether exercised or not, all of the rights, powers and authority heretofore had by it including but not limited to the determination of educational policy, the operation of the schools and the direction of the working forces forces. Said areas are exclusively that those of the Superintendent and/or the School Committee in accordance with the laws of the Commonwealth. Nothing in this Agreement shall limit the School Committee, its Superintendent or any Department’s exercise of its agents in the exercise of their functions of management and in the direction and supervision of the Brockton School DepartmentPolice. This includes, but is not limited to, the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods; hire; suspend, ; demote, discharge discipline, or otherwise disciplinedischarge; transfer or promote; layoff because of lack of work or lack of fundsother legitimate reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs, ; abolish and change existing jobs; determine where, when, how and by whom work will be done; determine standards of proficiency in job skills, skills except where any such rights are specifically modified or abridged by terms of this Agreement. Unless an express, specific provision of this Agreement clearly provides otherwise, the Committee, acting through its Superintendent and principals or other appropriate officials strictly adhering to the chain of command as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by law, custom, practice, usage or precedent to manage and control the School Department.

COMMITTEE RIGHTS. The Chelmsford School Committee is a public body established under and the Superintendent are provided with powers under the laws of provided by statutesof the Commonwealth of Massachusetts, Massachusetts and nothing in this Agreement shall be deemed or construed to derogate from or impair any power, right or duty conferred upon the Committee or District or the Superintendent by law statute or any rule or regulation or any agency of the Commonwealth. Except As to every matter not specifically mentioned or provided for in this Agreement, the Committee and the Superintendent retain all of the powers, rights and duties that they have by law and may exercise the same at their discretion without any such exercise being made subject of a grievance proceeding hereunder. Likewise, nothing in this Agreement shall be deemed to derogate from or impair any power, right or duty conferred upon the Superintendent by statute or any rule or regulation or any agency of the Commonwealth. Subject only to the express provisions of this Agreement, the right and responsibility to operate, manage and control the public schools and educational activities and the right to directand control the work of the employees and the use of its properties and facilities are vested exclusively in the Committee and the Superintendent. These rights, whether exercised or not, include, without being limited to, all the rights and powers given to the Committee and the Superintendent by law, the right to select, employ, train, assign, transfer, promote and direct the work of the employees and to periodically evaluate and determine their qualifications; to organize the supervisory and clerical staff and to establish, change and discontinue their duties including the right to introduce, change and discontinue improved and experimental methods, facilities, operations, processes, services and techniques; to discipline, suspend or dismiss employees in the manner provided by law; to obtain from any source and to contract and subcontract for materials, services, supplies and equipment; to establish and change any form of employee benefits in excess of or in addition to those provided in this Agreement; to establish, modify and enforce policies and regulations regarding studies, curriculum, conduct, library and reference facilities, textbooks, discipline, schedules and safety regulations; to control, direct and change facilities and services for the use or benefit of the employees and allother rights pertaining to the operation and management of the schools and the establishment and change of conditions of employment not specifically given in this Agreement to the Association or to the employees provided, however, that none of the rights shall be exercised by the Committee and/or the Superintendent contrary to any express provision of this Agreement. The failure by the Committee and/or the Superintendent to exercise any of its rights shall not be construed as is otherwise expressly a waiver of these rights. The exercise by the Committee and/or the Superintendent of any of the rights as provided in this paragraph shall not be subject to the grievance procedure or to arbitration as provided in Article III. The parties are agreed that the relations between them shall be governed by the terms of this AgreementAgreement only. No prior agreements or understandings, oral or written, shall be controlling or in any way affect the determination relations between the parties unless and until such agreements or understandings have been reduced to writing and duly executed by both parties. No change or modifications of educational policy, the operation of the schools and the direction of the working forces are exclusively that of the Superintendent and/or the School Committee in accordance with the laws of the Commonwealth. Nothing in this Agreement shall limit be binding on either the School Committee, its Superintendent Association or any of its agents in the exercise of their functions of management and in Committee unless reduced to writing as executed by the direction and supervision of the School Department. This includes, but is not limited to, the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods; hire; suspend, demote, discharge or otherwise discipline; transfer or promote; layoff because of lack of work or lack of funds; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs, abolish existing jobs; determine where, when, how and by whom work will be done; determine standards of proficiency in job skills, except where any such rights are specifically modified or abridged by terms of this Agreement. Unless an express, specific provision of this Agreement clearly provides otherwise, the Committee, acting through its Superintendent and principals or other appropriate officials strictly adhering to the chain of command as may be respective duly authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by law, custom, practice, usage or precedent to manage and control the School Departmentrepresentative.

COMMITTEE RIGHTS. The Chelmsford School Committee and is a public body established with the Superintendent are provided with powers under the laws of the Commonwealth of Massachusetts, Massachusetts General Laws and nothing in this Agreement shall be deemed or construed to derogate from the powers and responsibilities of the Committee under the said General Laws of the rules and/or regulations of the Commonwealth of Massachusetts. The Committee retains those rights, powers, and duties it now has, may be granted, or impair any power, right or duty have conferred upon it by the Committee or District or the Superintendent by law or any rule or regulation of the Commonwealthsaid General Laws. Except as is otherwise expressly provided specifically abridged or modified by the terms of this Agreement, the determination of educational policy, the operation exercise of the schools Committee’s aforesaid rights shall be final and binding and not subject to the direction grievance and/or arbitration procedure hereinafter. The employee’s group (Unit C) agrees that the Committee has the authority over the policies and administration of all school departments that it exercises under the provisions of the working forces are exclusively that law and in fulfilling its responsibilities under this Agreement, including the establishment of the Superintendent and/or the School Committee in accordance work rules and regulations not inconsistent with the laws terms of the Commonwealth. Nothing in this Agreement shall limit the School Committee, its Superintendent or any of its agents in the exercise of their functions of management and in the direction and supervision of the School DepartmentAgreement. This includes, but is not limited to, to the right to: ; add or eliminate departments; require and assign overtime; , increase or decrease the number of jobs; , change process; assign work and work to be performed; schedule the shifts and hours to work and of duty-free lunch or break periods; hire; , suspend, demote, discharge discipline, or otherwise discipline; discharge, transfer or promote; layoff because of promote lay-off for lack of work or lack of fundsother legitimate reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; , establish new jobs, abolish and change existing jobs; determine where. The parties agreed that each side had a full opportunity during the course of negotiations to bargain over any and all mandatory bargaining subjects, when, how and by whom work will be done; determine standards of proficiency whether or not included in job skills, except where any such rights are specifically modified or abridged by terms of this Agreement. Unless an expressAccordingly, specific provision of this as to any such matter over which the Agreement clearly provides otherwiseis silent, the CommitteeRegional School Committee retains the right to make changes and will endeavor, acting through its Superintendent and principals or other appropriate officials strictly adhering where practical, to give the chain group advance notice of command as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by law, custom, practice, usage or precedent to manage and control the School Departmentsuch changes.