Department Regulations. Where any Department regulation conflicts with this Agreement and/or a Supplemental Agreement, the Agreement shall govern.
Department Regulations. Concessionaire agrees that any Department staff has the right to expel any Concession staff or student who violates Department rules and regulations. Regulations that the Concessionaire agrees to follow include but are not limited to: Adherence to all regulations regarding property closures, trespass, and entrance to prohibited areas; Payment of all day use fees for all vehicles associated with the Concession; Adherence to 10 p.m. beach closure; Adherence to all state law as it applies to the use of tobacco, alcohol, and other controlled substances. Concessionaire shall not use or permit the Premises to be used in whole or in part during the term of this contract for any purpose other than as herein set forth without the prior written consent of the State.
Department Regulations. 38.1. The following Department Regulations shall not be amended without the consent of both parties:
a) Mutual Shift Exchanges
b) Uniform Dress
Department Regulations. Where any Department regulation conflicts with this Agreement and/or a Supplemental Agreement, the Agreement shall govern.
A. Department management officials and supervisors have the management rights set forth in 5 U.S. Code § 7106. Nothing in this Agreement shall represent a waiver or infringement of the authority of any Department management official or supervisor.
B. All policies, practices, matters and decisions related to the subjects set forth in 5 U.S. Code § 7106(a) are prohibited subjects of bargaining.
C. The Parties mutually acknowledge that the Department has exercised its right to refrain from bargaining over the substance of the subjects set forth in 5 U.S. Code § 7106(b)(1).
D. The Parties acknowledge that 38 U.S. Code § 7422 will govern the terms in this Agreement in the exercise of each Party’s statutory rights where any matters involving 38 U.S. Code § 7401 employee concerns or arises out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation.
E. Nothing in this Agreement shall be interpreted as providing any benefit to the Union in excess of those rights provided by applicable laws, government-wide rules, regulations and Department policy. For purposes of this Agreement, the term “Department policy” shall be defined as directives, handbooks or regulations issued by the Secretary or designee. The Department may change policy during the term of this Agreement.
A. Pursuant to 38 U.S. Code § 7422 and for informational purposes only:
(a) Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to engage in collective bargaining with respect to conditions of employment through representatives chosen by them in accordance with chapter 71 of title 5 (relating to labor-management relations).
(b) Such collective bargaining (and any grievance procedures provided under a collective bargaining agreement) in the case of employees described in section 7421(b) of this title may not cover, or have any applicability to, any matter or question concerning or arising out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title.
(c) For purposes of this section, the term “professional conduct or competence” means any of the following:
(1) Direct...
