Common use of District’s Rights Clause in Contracts

District’s Rights. 4.1 District retains, solely and exclusively, all the rights, powers, and authority exercised or held prior to the execution of this Agreement, except as expressly limited by a specific provision of this Agreement. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by the District and not abridged herein include, but are not limited to, the following: to manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to sub-contract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees; to establish work standards, schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services, and to take whatever action necessary to prepare for or operate in an emergency. 4.2 Except as expressly limited by a specific provision of this Agreement or preemptive statutory law, nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the District by a law regulating, authorizing or empowering the District to act or refrain from acting. Likewise, nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights of any employee or the CSEA as such rights are embodied in the Education Code and Government Code of the State of California.

District’s Rights. ‌ 4.1 District retains, solely and exclusively, all the rights, powers, and authority exercised or held prior to the execution of this Agreement, except as expressly limited by a specific provision of this Agreement. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by the District and not abridged herein include, but are not limited to, the following: to manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to sub-contract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees; to establish work standards, schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services, and to take whatever action necessary to prepare for or operate in an emergency. 4.2 Except as expressly limited by a specific provision of this Agreement or preemptive statutory law, nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the District by a law regulating, authorizing or empowering the District to act or refrain from acting. Likewise, nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights of any employee or the CSEA as such rights are embodied in the Education Code and Government Code of the State of California.