Common use of DISTRICT RIGHTS Clause in Contracts

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, subject to provisions of the Education Code covering this issue, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement;. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, if any, subject only to Article IX (Hours of Work) and OvertimeArticle XVI (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties;. d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and termination; equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, location subject only to Article XII X (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty yeardays; and work schedules, and the assignment of overtime subject only to Article IX VIII (Hours and OvertimeWork Schedules);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XII (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to 03-02-17 F: DATA: CONTRACT: UNIT J 2015-2018: ART III Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, subject to provisions of the Education Code covering this issue, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement;. In case of a dispute regarding this sub-paragraph, the parties retain the rights held prior to the execution of this agreement to petition to PERB. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, if any, subject only to Article IX (Hours of Work) and OvertimeArticle XVI (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and03-02-17 F: DATA: CONTRACT: UNIT J 2015-2018: ART III m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to F: DATA: CONTRACT UNIT B 2017-2020: ART III be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII XI (Transfer Procedures and Certain Staffing Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime) and Article XV (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVII (Safety Conditions); l. The rules, regulations and policies for all employees, students and m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the public, subject only above-mentioned rights of the District are intended to include the express limitations contained in this Agreementrights of the Commission; and m. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-extra- curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII XI (Transfer Procedures and Certain Staffing Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime) and Article XV (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVII (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission; and m. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: District Rights Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to 06-07-16 F: DATA: CONTRACT UNIT B 2014-2017: ART III be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII XI (Transfer Procedures and Certain Staffing Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime) and Article XV (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVII (Safety Conditions); l. The rules, regulations and policies for all employees, students and m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the public, subject only above-mentioned rights of the District are intended to include the express limitations contained in this Agreementrights of the Commission; and m. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service service, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, ; and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The To the extent permitted by law, the utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), Agreement to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locationslocation, subject only to Article XII XI (Transfer Procedures) ), and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented in the bargaining unit during the term of the Agreement, provided that LASPA is first consulted concerning such new rates; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendarcalendars; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, subject only to Article IX (Hours of Work and Overtime) and Article XV (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVII (Safety ConditionsSafety); l. The rules, regulations regulations, and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties;. d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra06-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non23-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.2016

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, ; and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; employees and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, subject only to Article IX (Hours and Overtime) and Article XVI (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions); l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement. m. It is understood that several of the above mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission; and m. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, 12-14-06 F:CONTRACT:2005-2008 UNIT F:ART II support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, subject to provisions of the Education Code covering this issue, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-extra- curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement;. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, if any, subject only to Article IX (Hours of Work) and OvertimeArticle XVI (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" Excluded in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XIV (Transfer Procedures) and also Transfers); the assignment of employees to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime; subject only to Article IX (Hours and Overtime) and Article XVIII (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, matters subject only to Article XVI XIX (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the DistrictDistrtict's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is not the intention of the parties, in setting forth the provisions reserved to the Board, to detract or diminish in any way the rights of the CSEA or of unit members as set forth elsewhere in this agreement. 1.3.1 All matters not specifically enumerated as within the scope of negotiations or the consulting rights of the association in Government Code 3543.2 are reserved to the District. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained such reserved rights include, but are not limited to, the exclusive right and power to determine determine, implement, supplement, change, modify, or discontinue, in whole or in part temporarily or permanently, any of the following mattersfollowing: a. 1.3.1.1 The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions organization divisions, and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. 1.3.1.2 The financial structure of the District, District including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, same including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control and policies and procedures, and all budgetary allocations, reserves, and expenditures, expenditures apart from those expressly allocated to fund the express wage and benefit obligations of this Agreement; c. 1.3.1.3 The acquisition, disposition, number, location, types and utilization of all District properties and equipment properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service and activity functions assigned to such properties; d. 1.3.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methodsmethod, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and , the subcontracting of non-unit services to be rendered and functions to be performed, including educational, support, construction, maintenance maintenance, and repair services, subject only to Code restrictions upon same; e. 1.3.1.5 The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition)substitutes, casual, consultant, supervisory or managerial personnel, to do work which is normally done but unable to be performed by employees unit members covered hereby, and the methods of selection and assignment of such personnel; f. 1.3.1.6 The educational policies, procedures, objectives, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, student conduct and transfers, grade level advancement, guidance, grading, testing, records, health, conduct, discipline, student transportation, food services, racial and ethnic balance, extraestablishing of extracurricular and co-curricular activities, activities and emergency situations; , and the substantive and procedural rights and obligations of students, parents, employees teachers, and other personnel and the public with respect to such matters, subject only to such consultation rights of the Association; g. The 1.3.1.7 Consistent with this Agreement, the selection, classification, direction, promotion, demotion, and retirement discipline of all personnel of the District subject only to applicable lawDistrict; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any locations, subject only to Article XII (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when when, and where there is a job opening; h. 1.3.1.8 The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. 1.3.1.9 The dates, times, time and hours of operation of District facilities, functions, functions and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime); k. 1.3.1.10 Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI (Safety Conditions); l. 1.3.1.11 The rules, regulations and policies for all employeesunit members, students and the public, subject only to the express clear and explicit limitations contained in this Agreement; andAgreement or within the scope of bargaining. m. All other rights of 1.3.2 In addition to its statutory reserve rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement are also expressly reserved Agreement, including but not limited to the District even though not enumerated aboveexclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1.3.2.1 Assignment/direction of staff consistent with this agreement; 1.3.2.2 The Administration of all employee health and benefit plans and the express provisions manner and methods of this Agreement constitute the only contractual limitations upon the District's rights. funding such plans. 1.3.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 1.3.4 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described provisions, or any other rights of the District not limited by this Agreement, is not subject to the grievance provisions set forth in Article 14.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" AExcluded@ in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-extra- curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XIV (Transfer Procedures) and also Transfers); the assignment of employees to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime; subject only to Article IX (Hours and Overtime) and Article XVIII (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, matters subject only to Article XVI XX (Safety ConditionsSafety);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the DistrictDistrtict's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, subject to provisions of the Education Code covering this issue, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-extra- curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement;. In case of a dispute regarding this sub- paragraph, the parties retain the rights held prior to the execution of this agreement to petition to PERB. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, if any, subject only to Article IX (Hours of Work) and OvertimeArticle XVI (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: District Rights Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, ; and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; employees and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. ; The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, subject only to Article IX (Hours and Overtime) and Article XVI (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions); l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement. m. It is understood that several of the above mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission; and m. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same;; Unit S 2017-2020 - Article III e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, subject to provisions of the Education Code covering this issue, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement;. In case of a dispute regarding this sub-paragraph, the parties retain the rights held prior to the execution of this agreement to petition to PERB. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, if any, subject only to Article IX (Hours of Work) and OvertimeArticle XVI (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the Unit S 2017-2020 - Article III District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, subject to provisions of the Education Code covering this issue, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement;. In case of a dispute regarding this sub-paragraph, the parties retain the rights held prior to the execution of this agreement to petition to PERB. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, if any, subject only to Article IX (Hours of Work) and OvertimeArticle XVI (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service service, and activity functions assigned to such properties;. d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and termination; equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, location subject only to Article XII X (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty yeardays; and work schedules, and the assignment of overtime subject only to Article IX VIII (Hours and OvertimeWork Schedules);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XII (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, ; and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-extra- curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XI (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; employees and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures); j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime, subject only to Article IX (Hours and Overtime) and Article XVI (Holidays); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XVIII (Safety Conditions); l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement. m. It is understood that several of the above mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above- mentioned rights of the District are intended to include the rights of the Commission; and m. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated listed as "Excluded" Excluded in Article I (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-extra- curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, locations subject only to Article XII XIV (Transfer Procedures) and also Transfers); the assignment of employees to any facilities, classrooms, functions, activities, departments, tasks tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening;. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; , subject only to Article XI X (Evaluation and DisciplineProcedures);. j. The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime overtime; subject only to Article IX (Hours and Overtime) and Article XVIII (Holidays);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, matters subject only to Article XVI XX (Safety Conditions);. l. The rules, regulations and policies for all employees, students students, and the public, subject only to the express limitations contained in this Agreement; and. m. It is understood that several of the above-mentioned reserved rights are exercised in conjunction with or subject to Personnel Commission powers, functions and obligations, and where that occurs the above-mentioned rights of the District are intended to include the rights of the Commission. n. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the DistrictDistrtict's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not expressly limited by the terms of this Agreement, Agreement are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service services, and activity functions assigned to such properties; d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; , the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, subject only to Article XII (Transfer Procedures) and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty year; work schedules, and the assignment of overtime subject only to Article IX (Hours and Overtime); k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISTRICT RIGHTS. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; b. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; and all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement; c. The acquisition, disposition, number, location, types and utilization of all District properties and equipment whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, service service, and activity functions assigned to such properties;. d. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; and the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same; e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions designated as "Excluded" in Article I (Recognition), to do work which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel; f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters; g. The selection, classification, direction, promotion, demotion, and retirement of all personnel of the District subject only to applicable law; discipline and termination subject only to Article XI (Evaluation and Discipline), affirmative action and termination; equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locations, location subject only to Article XII X (Transfer Procedures) ); and also to any facilities, classrooms, functions, activities, departments, tasks or equipment; the staffing levels, work loads, and number of employees; and the determination as to whether, when and where there is a job opening; h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement; i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards; subject only to Article XI (Evaluation and Discipline); j. The dates, times, and hours of operation of District facilities, functions, and activities; school calendar; the assignment of paid duty days beyond the regular assigned duty yeardays; and work schedules, and the assignment of overtime subject only to Article IX VIII (Hours and OvertimeWork Schedules);. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to Article XVI XII (Safety Conditions); l. The rules, regulations and policies for all employees, students and the public, subject only to the express limitations contained in this Agreement; and m. All other rights of the District not expressly limited by the language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.;

Appears in 1 contract

Samples: Collective Bargaining Agreement

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