Common use of EMPLOYER RIGHTS Clause in Contracts

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union recognizes (1) Nothing contained herein shall be considered to deny or restrict the Employer’s right to operate Employer of its rights, responsibilities, and manage its business and facilitiesauthority under the Michigan Revised School Code, or any other laws or regulations. Except where limited by a specific provision of as is otherwise specifically provided in this Agreement, all the rights, powers and authority the Employer had prior to this Agreement are retained by the Employer. (2) It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Employer, except those which are subject clearly and expressly relinquished herein by the Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer without prior negotiations with the Union either as to the Employer’s exclusive control. These taking of action under such rights include but are not limited or with respect to the following: consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: (a) Manage and control its business, its equipment, and its operations and to direct the working forces and affairs of the Employer. (b) Continue its rights of assignment and direction of personnel, determine the number of employees to be employed in each operationpersonnel and scheduling of all the foregoing, shift, or department; and the right to establish, change, modify, interpret or abolish change work or school hours or days as well as transportation time schedules. (c) Direct the Employer’s policies and procedures; to increase or diminishworking forces, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; including the right to hire, promote, suspend and discharge Employees, transfer employees; Employees, assign work or duties to suspendEmployees, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location size of the work to be performed; force and to lay off employees; to authorize work to be performed by any outside person or entity as selected by Employees. (d) Determine the Employerservices, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials supplies and equipment necessary to be used; to reward and pay employees; continue its operations and to determine working schedulesall standards of operation, the means, methods and processes of carrying on the work. (e) Determine the qualifications of Employees, including allocation physical and mental conditions. In making determinations regarding the physical and/or mental condition of an Employee, the Employer shall rely upon the diagnosis and requirement prognosis of overtime. The parties recognize that physician(s), psychiatrist(s) and/or psychologists who have evaluated the above list is for illustrative purposes Employee’s ability to perform his position responsibilities. (f) Determine the placement of operations, services, and does not exclude those rights maintenance, contracting or distribution of work. (g) Determine financial policies and responsibilities not mentioned above. The Employer’s failure to exercise any rightprocedures. (h) Determine job content, prerogative or function hereby reserved to it, or job descriptions and the Employer’s exercise essential and marginal functions of any such right, prerogative or function in a particular way, shall not be considered a waiver jobs within the bargaining unit. (i) Determine the size of the Employer’s right management organization, its functions, authority, and amount of supervision and table of organization. (j) Determine the policy affecting the selection, testing or training of Employees. (k) Establish courses of instruction and in-service training programs for Employees. (l) Plan, alter, modify, change or discontinue bus routes and/or the assignment or reassignment of buses to exercise such rightroutes. (m) Adopt work rules, prerogative or function or preclude it from exercising the same in some other way standards and regulations not in conflict with the expressed provisions terms of this Agreement. (n) When hiring new employees to a vacant WWBDAMA position, management has the right to place the new employee on any pay step (year) on the pay scale of the vacant position on Appendix A. (3) The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. I. Except where limited as specifically abridged by a specific provision of this Agreement, all rights powers, rights, and authority of the Employer are subject to reserved by the Employer’s , and the Employer retains sole and exclusive control. These control over any and all matters in the operation, management, and administration of the University, the control of its properties and the maintenance of order and efficiency of the workforce, and complete authority to exercise those rights include and powers, including, by way of illustration but are not limited to by way of limitation, the following: exclusive right and authority: A. to determine the number type and kind of employees services to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish rendered and the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the EmployerEmployees; B. to make all financial decisions, including decisions concerning all accounting, bookkeeping, and other record-keeping methods and procedures; C. to determine the subcontracting number, location, or relocation of work; facilities, buildings, and rooms; D. to evaluate determine its organizational and business structure; E. to determine whether to transfer, contract, subcontract or discontinue work and whether to purchase services from others; F. to determine the performance necessity for work by Employees; G. to discipline, suspend, or discharge Employees for just cause; H. to determine the duration of employment upon appointment. Employees should not presume they will be re-appointed beyond the term of their appointment; I. to lay off Employees from duty because of lack of work or for other business reasons; J. to determine the amount and competency type of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; supervision; K. to determine materials and equipment to be usedutilized by Employees and the methods and means by which work shall be performed and services provided; L. to have any work performed at any other location; and, M. to reward determine the appointment fraction and pay employeesthe schedule of Employees upon appointment; and to determine working schedulesthe schedule of Employees. II. It is further agreed, including allocation of and requirement of overtime. The parties recognize that except as abridged by the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions specific terms of this Agreement., that the Employer retains sole and exclusive control over all matters pertaining to the selection, direction, instruction, and control of Employees, including, by way of illustration but not by way of limitation, the right: A. to hire, select, assign, reassign, reclassify, or promote Employees; B. to determine the number and qualifications of Employees; C. to adopt and enforce policies, rules and regulations, including rules and regulations covering health and safety matters on University premises, in the performance of University-related activities, and at University-sponsored activities; D. to determine quality and equitable performance standards; E. to determine the job content, allocation and assignment of work to Employees; F. to establish new job classifications and modify and eliminate existing classifications within the bargaining unit; G. to determine the duration and requirements of all appointments; H. to determine class size; I. to determine all academic policies, procedures, rules and regulations in regard to Employees’ status as students, including, but not limited to, all questions of academic standing, intellectual integrity and any matter relating to academic progress in a University educational program;

EMPLOYER RIGHTS. The union Union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees Hospitalists to be employed in each operationlocation, shift, shift or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employeesHospitalists; to suspend, discharge, demote and discipline employees Hospitalists for just cause; to determine the duties of and to direct employees Hospitalists in their duties, including direction as to the location of the work to be performed; to lay off employeesHospitalists; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees Hospitalists in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employeesHospitalists; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union Union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement requirements of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union Union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include include, but are not limited to to, the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union recognizes (1) Nothing contained herein shall be considered to deny or restrict the Employer’s right to operate Employer of its rights, responsibilities, and manage its business and facilitiesauthority under the Michigan Revised School Code, or any other laws or regulations. Except where limited by a specific provision of as is otherwise specifically provided in this Agreement, all the rights, powers and authority the Employer had prior to this Agreement are retained by the Employer. (2) It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Employer, except those which are subject clearly and expressly relinquished herein by the Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer without prior negotiations with the Union either as to the Employer’s exclusive control. These taking of action under such rights include but are not limited or with respect to the following: consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: (a) Manage and control its business, its equipment, and its operations and to direct the working forces and affairs of the Employer. (b) Continue its rights of assignment and direction of personnel, determine the number of employees to be employed in each operationpersonnel and scheduling of all the foregoing, shift, or department; and the right to establish, change, modify, interpret or abolish change work or school hours or days as well as transportation time schedules. (c) Direct the Employer’s policies and procedures; to increase or diminishworking forces, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; including the right to hire, promote, suspend and discharge Employees, transfer employees; Employees, assign work or duties to suspendEmployees, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location size of the work to be performed; force and to lay off employees; to authorize work to be performed by any outside person or entity as selected by Employees. (d) Determine the Employerservices, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials supplies and equipment necessary to be used; to reward and pay employees; continue its operations and to determine working schedulesall standards of operation, the means, methods and processes of carrying on the work. (e) Determine the qualifications of Employees, including allocation physical and mental conditions. In making determinations regarding the physical and/or mental condition of an Employee, the Employer shall rely upon the diagnosis and requirement prognosis of overtime. The parties recognize that physician(s), psychiatrist(s) and/or psychologists who have evaluated the above list is for illustrative purposes Employee’s ability to perform his position responsibilities. (f) Determine the placement of operations, services, and does not exclude those rights maintenance, contracting or distribution of work. (g) Determine financial policies and responsibilities not mentioned above. The Employer’s failure to exercise any rightprocedures. (h) Determine job content, prerogative or function hereby reserved to it, or job descriptions and the Employer’s exercise essential and marginal functions of any such right, prerogative or function in a particular way, shall not be considered a waiver jobs within the bargaining unit. (i) Determine the size of the Employer’s right management organization, its functions, authority, amount of supervision and table of organization. (j) Determine the policy affecting the selection, testing or training of Employees. (k) Establish courses of instruction and in-service training programs for Employees. (l) Plan, alter, modify, change or discontinue bus routes and/or the assignment or reassignment of buses to exercise such rightroutes. (m) Adopt work rules, prerogative or function or preclude it from exercising the same in some other way standards and regulations not in conflict with the expressed provisions terms of this Agreement. (3) The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. ‌ The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union recognizes (1) Nothing contained herein shall be considered to deny or restrict the Employer’s right to operate Employer of its rights, responsibilities, and manage its business and facilitiesauthority under the Michigan Revised School Code, or any other laws or regulations. Except where limited by a specific provision of as is otherwise specifically provided in this Agreement, all the rights, powers and authority the Employer had prior to this Agreement are retained by the Employer. (2) It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Employer, except those which are subject clearly and expressly relinquished herein by the Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer without prior negotiations with the Union either as to the Employer’s exclusive control. These taking of action under such rights include but are not limited or with respect to the following: consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: (a) Manage and control its business, its equipment, and its operations and to direct the working forces and affairs of the Employer. (b) Continue its rights of assignment and direction of personnel, determine the number of employees to be employed in each operationpersonnel and scheduling of all the foregoing, shift, or department; and the right to establish, change, modify, interpret or abolish change work or school hours or days as well as transportation time schedules. (c) Direct the Employer’s policies and procedures; to increase or diminishworking forces, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; including the right to hire, promote, suspend and discharge Employees, transfer employees; Employees, assign work or duties to suspendEmployees, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location size of the work to be performed; force and to lay off employees; to authorize work to be performed by any outside person or entity as selected by Employees. (d) Determine the Employerservices, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials supplies and equipment necessary to be used; to reward and pay employees; continue its operations and to determine working schedulesall standards of operation, the means, methods and processes of carrying on the work. (e) Determine the qualifications of Employees, including allocation physical and mental conditions. In making determinations regarding the physical and/or mental condition of an Employee, the Employer shall rely upon the diagnosis and requirement prognosis of overtime. The parties recognize that physician(s), psychiatrist(s) and/or psychologists who have evaluated the above list is for illustrative purposes Employee’s ability to perform his position responsibilities. (f) Determine the placement of operations, services, and does not exclude those rights maintenance, contracting or distribution of work. (g) Determine financial policies and responsibilities not mentioned above. The Employer’s failure to exercise any rightprocedures. (h) Determine job content, prerogative or function hereby reserved to it, or job descriptions and the Employer’s exercise essential and marginal functions of any such right, prerogative or function in a particular way, shall not be considered a waiver jobs within the bargaining unit. (i) Determine the size of the Employer’s right management organization, its functions, authority, and amount of supervision and table of organization. (j) Determine the policy affecting the selection, testing or training of Employees. (k) Establish courses of instruction and in-service training programs for Employees. (l) Plan, alter, modify, change or discontinue bus routes and/or the assignment or reassignment of buses to exercise such rightroutes.‌‌ (m) Adopt work rules, prerogative or function or preclude it from exercising the same in some other way standards and regulations not in conflict with the expressed provisions terms of this Agreement. (n) When hiring new employees to a vacant WWBDAMA position, management has the right to place the new employee on any pay step (year) on the pay scale of the vacant position on Appendix A. (3) The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.

EMPLOYER RIGHTS. The union recognizes A. It is understood and agreed that the Employer’s Employer possesses and retains the sole power, duty, and right to operate and manage its business Departments, Agencies and facilitiesprograms, and to carry out all constitutional, statutory and administrative policy mandates and goals. Except where Any term or condition of employment other than the wages, benefits and other terms and conditions of employment specifically set forth in other provisions of this Agreement shall remain solely within the discretion of the Employer to determine, establish, modify or eliminate. The exercise of the Employer’s discretion, judgment, powers or rights as to any such matters shall not be subject to review or attack through the Grievance Procedure, although nothing herein shall prohibit special conferences on any subject. Such retained Management Rights include, but are not limited to, the right, without engaging in negotiations, to determine matters of managerial policy; mission of the Employer and its parts; the methods, means, and procedures to be used, and the services to be provided; organizational structure; the nature and number of facilities and departments and their locations; to establish classifications of work; to hire and increase or decrease the size of the work force; to assign personnel; to maintain order and efficiency and use outside assistance. However, the Union may request that the exercise of such reserved rights be made the subject of a special conference. B. The Employer also reserves certain additional rights and powers, which are limited by a specific provision the express provisions of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to, the right to the following: discipline, suspend or discharge employees subject to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performedthis Agreement; to lay off employeesand recall personnel; to authorize transfer and promote personnel; to establish reasonable work rules and to fix and determine penalties for violations thereof; to make judgments as to skills and abilities; to establish and change work schedules, and to do other acts, provided, however, that these rights shall not be performed by exercised in violation of any outside person or entity specific provision of this Agreement and, as selected by such, they shall be subject to the EmployerGrievance Procedure. C. This Agreement, including its supplements and exhibits attached hereto (if any), concludes all negotiations between the subcontracting parties during the term hereof, and satisfies the obligation of work; the Employer to evaluate bargain during the performance term of this Agreement. The Union acknowledges and competency agrees that the bargaining process under which this Agreement has been negotiated is the exclusive process for affecting terms and conditions of employees in their assigned work; to increase or change employment and such terms and conditions shall not be addressed under the content, substance or methodology Special Conference Provision of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtimethis Agreement. The parties recognize acknowledge that, during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any negotiable subject or matter, and that the above list is for illustrative purposes understandings and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or agreements arrived at by the Employer’s parties after the exercise of any such right, prerogative or function that right and opportunity are set forth in a particular way, this Agreement. All negotiable terms and conditions of employment not covered by this Agreement shall not be considered a waiver subject to the sole discretion and control of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union recognizes (1) Nothing contained herein shall be considered to deny or restrict the Employer’s right to operate Employer of its rights, responsibilities, and manage its business and facilitiesauthority under the Michigan Revised School Code, or any other laws or regulations. Except where limited by a specific provision of as is otherwise specifically provided in this Agreement, all the rights, powers and authority the Employer had prior to this Agreement are retained by the Employer. (2) It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Employer, except those which are subject clearly and expressly relinquished herein by the Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer without prior negotiations with the Union either as to the Employer’s exclusive control. These taking of action under such rights include but are not limited or with respect to the following: consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: (a) Manage and control its business, its equipment, and its operations and to direct the working forces and affairs of the Employer. (b) Continue its rights of assignment and direction of personnel, determine the number of employees to be employed in each operationpersonnel and scheduling of all the foregoing, shift, or department; and the right to establish, change, modify, interpret or abolish change work or school hours or days as well as transportation time schedules. (c) Direct the Employer’s policies and procedures; to increase or diminishworking forces, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; including the right to hire, promote, suspend and discharge Employees, transfer employees; Employees, assign work or duties to suspendEmployees, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location size of the work to be performed; force and to lay off employees; to authorize work to be performed by any outside person or entity as selected by Employees. (d) Determine the Employerservices, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials supplies and equipment necessary to be used; to reward and pay employees; continue its operations and to determine working schedulesall standards of operation, the means, methods and processes of carrying on the work. (e) Determine the qualifications of Employees, including allocation physical and mental conditions. In making determinations regarding the physical and/or mental condition of an Employee, the Employer shall rely upon the diagnosis and requirement prognosis of overtime. The parties recognize that physician(s), psychiatrist(s) and/or psychologists who have evaluated the above list is for illustrative purposes Employee’s ability to perform his position responsibilities. (f) Determine the placement of operations, services, and does not exclude those rights maintenance, contracting or distribution of work. (g) Determine financial policies and responsibilities not mentioned above. The Employer’s failure to exercise any rightprocedures. (h) Determine job content, prerogative or function hereby reserved to it, or job descriptions and the Employer’s exercise essential and marginal functions of any such right, prerogative or function in a particular way, shall not be considered a waiver jobs within the bargaining unit. (i) Determine the size of the Employer’s right management organization, its functions, authority, and amount of supervision and table of organization. (j) Determine the policy affecting the selection, testing or training of Employees. (k) Establish courses of instruction and in-service training programs for Employees. (l) Plan, alter, modify, change or discontinue bus routes and/or the assignment or reassignment of buses to exercise such rightroutes. (m) Adopt work rules, prerogative or function or preclude it from exercising the same in some other way standards and regulations not in conflict with the expressed provisions terms of this Agreement. (3) The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union Union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union Union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include include, but are not limited to to, the following: to determine the number of employees to be employed in each operation, shift, or department; departmentg to establish, change, modify, interpret or abolish the Employer’s policies and procedures; proceduresg to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; partg to increase or diminish, change, improve or discontinue personnel, in whole or in part; partg to hire, promote, and transfer employees; employeesg to suspend, discharge, demote and discipline employees for just cause; causeg to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; performedg to lay off employees; employeesg to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; Employerg to evaluate the performance and competency of employees in their assigned work; workg to increase or change the content, substance or methodology of any work assignment; assignmentg to determine materials and equipment to be used; usedg to reward and pay employees; employeesg and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. ‌ The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union Union recognizes the Employer’s right rights of the Employer to operate and manage its business operations and facilitiesto plan, direct, and control the policies and conditions of employment of its employees insofar as such policies are not inconsistent with the express provisions of this Agreement. The Employer recognizes the interests of the Union in any changes which materially affect the working conditions of those represented by the Union and will keep the Union informed as to such changes. Except where limited as specifically abridged by this Agreement, all powers, rights and authority of the University are reserved by the University, and powers, rights and authority not expressly contracted away by a specific provision of this Agreement, all are retained solely by the University. Such rights are subject to the Employer’s exclusive control. These rights include and powers include, but are not limited to to, the followingexclusive right and power: to determine the mission of the University, the organizational structure, and the methods and means necessary to fulfill that mission, including the transfer, alteration, curtailment or discontinuance of any services; to adopt and amend budgets and make budgetary allocations or reallocations affecting the University as a whole or any of its departments or units; to determine the qualifications for and the number of employees to be hired or employed in each operation, shift, and to transfer or departmentrelieve employees from duty due to lack of work or funds or operational changes; to establishdetermine, changeassign, modify, interpret or abolish reassign and schedule the Employer’s policies type and procedures; to increase or diminish, change, improve or discontinue operations, programs kind of services and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person employees or entity as selected by the Employerothers, including the subcontracting job content and the location of such services or work; to evaluate the performance and competency of employees in their assigned workestablish, modify, combine or eliminate job classifications or positions; to increase determine the number, location, or change relocation of facilities, buildings and rooms, and ancillary facilities such as parking lots, including the contentpolicies governing the use of such buildings, substance rooms or methodology of any work assignmentfacilities; to discipline, suspend, or discharge employees as set forth in this Agreement; to supervise, train, and evaluate employees; to determine materials and equipment to be usedutilized by employees and the methods and means by which work shall be performed and services provided; to reward establish quality and pay performance standards for employees; to adopt and enforce policies, rules and regulations, including rules and regulations governing work, training, uniforms, and conduct of employees, and to comply with state and federal law; to utilize personnel, methods, and means in the most appropriate and efficient manner, as determined by the University; to layoff or to remove or change employee duties due to change of direction of the workplace or due to lack of work or funds; and to determine working schedulesperform all other functions inherent in the administration, including allocation management, and control of and requirement of overtimethe University. The parties recognize Employer has the right to place and use cameras and other electronic monitoring equipment on the Employer’s premises, as deemed appropriate in the Employer’s discretion, other than in areas such as restrooms, changing rooms, locker rooms, and the like. The Parties acknowledge and agree that the above list primary purpose of the video cameras is for illustrative purposes to ensure safety and does not exclude those rights and responsibilities not mentioned aboveto discipline employees. The Employer’s failure of the University to exercise any right, prerogative management right or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function it in a particular way, manner shall not be considered deemed a waiver of the Employer’s right of the University to exercise such right, prerogative or function or preclude it from exercising the same in some other way management right so long as doing so does not in conflict with the expressed provisions an express provision of this Agreement. It is agreed that the reserved management rights as set forth herein shall not be subject to the grievance and arbitration provision of this Agreement nor shall they be subject to impairment by any arbitration award under this Agreement, provided these rights are not exercised in an arbitrary and capricious manner.

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision of this Agreement, all rights are subject DRAFT to the Employer’s exclusive control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions of this Agreement.

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. 4.1 Except where as explicitly limited by a specific provision of this Agreement, all rights the EMPLOYER shall have the exclusive right to take any action it deems appropriate in the management of the City and the direction of the work force in accordance with its judgment. All inherent, statutory and common law management functions and prerogatives which the EMPLOYER has not expressly modified or restricted by specific provision of this Agreement are subject to retained and vested exclusively with the Employer’s EMPLOYER. The EMPLOYER shall have the sole and exclusive control. These rights include but are not limited to the following: right to determine the functions and programs of the City, its overall budget, utilization of technology, the organizational structure and selection and direction and number of employees to be employed personnel. In addition, the EMPLOYER specifically reserves the exclusive right in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to accordance with its judgment to: hire, promote, transfer, and transfer employeesassign Employees to work; to suspend, discharge, demote and discipline employees for just cause; to determine the duties starting and quitting time and the number of hours and days to direct employees in their dutiesbe worked; maintain the efficiency of Employees: close down buildings or any part thereof or expand, including direction as to reduce, alter, combine, transfer or cease any job, department, operation or service; subcontract any work done by the Employees, control and regulate the use of equipment and other property of the EMPLOYER; determine the number, location and operation of buildings, and divisions and departments thereof, the assignment of work and the size and composition of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employerforce, including the subcontracting of work; to evaluate the performance and competency of employees in their assigned work; to increase make or change rules, policies; introduce new or improved research, development, maintenance, service methods, materials or otherwise generally manage the contentCity, substance direct the Employees and establish terms and conditions of employment, except as expressly modified or methodology restricted by specific provision of this Agreement. The EMPLOYER'S non exercise of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtime. The parties recognize that the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, it or the Employer’s exercise of its exercising any such right, prerogative or function in a particular way, way shall not be considered deemed a waiver of the Employer’s its right to exercise such right, prerogative or function or to preclude it the EMPLOYER from exercising the same in some other way not in conflict with the expressed express provisions of this Agreement. The EMPLOYEE REPRESENTATIVE agrees that it shall not establish or attempt to enforce upon the EMPLOYER, or any Employee, any rule or regulation which would interfere with the recognized right of management to carry out the foregoing provisions.

EMPLOYER RIGHTS. The union recognizes the Employer’s right to operate and manage its business and facilities. I. Except where limited as specifically abridged by a specific provision of this Agreement, all rights powers, rights, and authority of the Employer are subject to reserved by the Employer’s , and the Employer retains sole and exclusive control. These control over any and all matters in the operation, management, and administration of the University, the control of its properties and the maintenance of order and efficiency of the workforce, and complete authority to exercise those rights include and powers, including, by way of illustration but are not limited to by way of limitation, the following: exclusive right and authority: A. to determine the number type and kind of employees services to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish rendered and the Employer’s policies and procedures; to increase or diminish, change, improve or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employeremployees; B. to make all financial decisions, including decisions concerning all accounting, bookkeeping, and other record-keeping methods and procedures; C. to determine the subcontracting number, location, or relocation of work; facilities, buildings, and rooms; D. to evaluate determine its organizational and business structure; E. to determine whether to transfer, contract, subcontract or discontinue work and whether to purchase services from others; F. to determine the performance necessity for work by employees; G. to discipline, suspend, or discharge employees for just cause; H. to determine the duration of employment upon appointment. Employees should not presume they will be re-appointed beyond the term of their appointment; I. to lay off employees from duty because of lack of work or for other business reasons; J. to determine the amount and competency type of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; supervision; K. to determine materials and equipment to be usedutilized by employees and the methods and means by which work shall be performed and services provided; L. to have any work performed at any other location; and, M. to reward determine the appointment fraction and pay employeesthe schedule of employees upon appointment; and to determine working schedulesthe schedule of employees. II. It is further agreed, including allocation of and requirement of overtime. The parties recognize that except as abridged by the above list is for illustrative purposes and does not exclude those rights and responsibilities not mentioned above. The Employer’s failure to exercise any right, prerogative or function hereby reserved to it, or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions specific terms of this Agreement., that the Employer retains sole and exclusive control over all matters pertaining to the selection, direction, instruction, and control of employees, including, by way of illustration but not by way of limitation, the right: A. to hire, select, assign, reassign, reclassify, or promote employees; B. to determine the number and qualifications of employees; C. to adopt and enforce policies, rules and regulations, including rules and regulations covering health and safety matters on University premises, in the performance of University-related activities, and at University-sponsored activities; D. to determine quality and equitable performance standards; E. to determine the job content, allocation and assignment of work to employees; F. to establish new job classifications and modify and eliminate existing classifications within the bargaining unit; G. to determine the duration and requirements of all appointments; H. to determine class size; I. to determine all academic policies, procedures, rules and regulations in regard to employees’ status as students, including, but not limited to, all questions of academic standing, intellectual integrity and any matter relating to academic progress in a University educational program;

EMPLOYER RIGHTS. DRAFT The union recognizes the Employer’s right to operate and manage its business and facilities. Except where limited by a specific provision proVision of this Agreement, all rights are subject to the Employer’s exclusive exclusiVe control. These rights include but are not limited to the following: to determine the number of employees to be employed in each operation, shift, or department; to establish, change, modify, interpret or abolish the Employer’s policies and procedures; to increase or diminish, change, improve improVe or discontinue operations, programs and jobs, in whole or in part; to increase or diminish, change, improve improVe or discontinue personnel, in whole or in part; to hire, promote, and transfer employees; to suspend, discharge, demote and discipline employees for just cause; to determine the duties of and to direct employees in their duties, including direction as to the location of the work to be performed; to lay off employees; to authorize work to be performed by any outside person or entity as selected by the Employer, including the subcontracting of work; to evaluate eValuate the performance and competency of employees in their assigned work; to increase or change the content, substance or methodology of any work assignment; to determine materials and equipment to be used; to reward and pay employees; and to determine working schedules, including allocation of and requirement of overtimeoVertime. The parties recognize that the above aboVe list is for illustrative illustratiVe purposes and does not exclude those rights and responsibilities not mentioned aboveaboVe. The Employer’s failure to exercise any right, prerogative prerogatiVe or function hereby reserved reserVed to it, or the Employer’s exercise of any such right, prerogative prerogatiVe or function in a particular way, shall not be considered a waiver waiVer of the Employer’s right to exercise such right, prerogative prerogatiVe or function or preclude it from exercising the same in some other way not in conflict with the expressed provisions proVisions of this Agreement.