EMPLOYER’S MANAGEMENT RIGHTS. 4.01 Subject to the provisions of this Agreement, the Union acknowledges that it is the exclusive function of the Employer to hire, promote, demote, transfer and suspend employees and also the right of the Employer to discipline or discharge any employee, provided that a claim by an employee that he/she has been discharged, demoted, transferred, suspended or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided.
4.02 The Union further recognizes the right of the Employer to operate and manage the Avon Maitland District School Board in accordance with its commitments, obligations and responsibilities, the right to decide on the number of employees needed by the Employer at any time, the right to use modern methods, machinery and equipment and jurisdiction over all operations, buildings, equipment and employees is solely and exclusively the responsibility of the Employer. The Employer has the right to make and to alter from time to time and to enforce rules and regulations to be observed by the employees. Such rules shall not be inconsistent with the provisions of this Agreement.
4.03 Without limiting the generality of the foregoing it is understood and agreed that a breach of any of the rules or of any of the provisions of this Agreement, shall be a sufficient cause for discharge or discipline of an employee, provided that nothing herein shall prevent a employee from going through the grievance procedure.
4.04 In exercising its rights the employer will not do so in a manner which is inconsistent with the provisions of this Agreement.
EMPLOYER’S MANAGEMENT RIGHTS. 8.1 The Employer reserves and retains exclusively all its normal and inherent rights with respect to the management of its operations, whether exercised or not, as existed prior to the time that PBA became the bargaining representative for officers. Florida Statute 447.209 reserves the right of the Employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public and exercise control and discretion over its organization and operations. It is also the right of the Employer, to direct their employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons.
8.2 The rights reserved to the Employer, as described above, shall include, but not be limited to:
A. The right to determine the size and composition of the working force.
B. To determine the number and type of equipment, vehicles, machinery, materials, products and supplies to be used, operated, or discontinued.
C. To hire, promote, demote, evaluate, transfer, suspend, assign, direct, lay- off and recall employees subject to the express limitations of this Agreement.
D. To reward or reprimand, discharge, or otherwise discipline employees subject to the express limitations of this Agreement.
E. To maintain and improve the efficiency of employees.
F. To determine job descriptions and duties and minimum training qualifications for job classifications and the amount and type of work needed.
G. To establish new positions, abolish or change existing positions and increase or decrease the number of positions or employees.
H. To determine the assignment of work.
I. To schedule the hours and days to be worked on each position and shift.
J. To discontinue, transfer or assign all or any part of its operations.
K. To open new facilities and transfer its operations or any part thereto, to new facilities.
L. To expand, reduce, alter, combine, transfer, assign, cease or create any position or position classification, department, or function for operational purposes.
M. To determine the location, methods, means and personnel by which operations are to be conducted including the right to contract or subcontract existing and future work. If such contracted work impacts an existing position the PBA will be notified prior to implementation as to the necessity for such change.
N. To make or change rules, policies, and practices not in direct conflict with the provisions of thi...
EMPLOYER’S MANAGEMENT RIGHTS. Except to the extent that there is contained in this agreement an express and specific provision to the contrary, the town retains, whether exercised or not, all of the authority, power, rights, jurisdiction, and responsibility provided by the laws of the Commonwealth of Massachusetts to such town for the control, direction and management of the town and its workforce, including, but not limited to: the exclusive right to manage the town, direct the working forces, contract and sub- contract, procedures, the schedules and work assignments. The right to hire, lay off, promote or demote, transfer, assign, discipline or discharge, maintain discipline, require the observance of the Employer's reasonable rules and regulations, determine and maintain equitable standards of performance, attain and maintain efficiency in the exclusive and sole right of the employer. Unless an express, specific provision to this agreement clearly provides otherwise, the town, acting through its Town Manager, the Board of Selectmen, or other appropriate officials as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this agreement either by law, custom, practice, usage or precedent to manage and control the offices of Town Hall, Council on Aging and the Department of Public Works. The Selectmen may exercise their rights under this section without said actions being subject to the grievance and arbitration clause of this contract.
EMPLOYER’S MANAGEMENT RIGHTS. Section 4.1. Except as specifically limited by explicit provision of the Agreement, the Employer shall have the exclusive right to manage the operation, control the premises, direct the working force, and maintain efficiency of operations. Specifically, the Employer's exclusive management rights include, but are not limited to, the following:
1. The right to determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure;
2. The right to direct, supervise, evaluate, or hire employees;
3. The right to maintain and improve the efficiency and effectiveness of governmental operations;
4. The right to determine the overall methods, process, means, or personnel by which governmental operations are to be conducted;
5. The right to suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, train, and administer tests based on training, and schedule, promote, or retain employees;
6. The right to determine the adequacy of the work force;
7. The right to determine the overall mission of the employer as a unit of government;
8. The right to effectively manage the work force;
9. The right to take actions to carry out the mission of the public employer as a governmental unit.
