Common use of EMPLOYER’S MANAGEMENT RIGHTS Clause in Contracts

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 this Agreement. O. To alter health plans, insurance carriers, policies or administrators through which benefits may be provided and to establish terms and conditions of employment except as expressly modified or restricted by a specific provision of this Agreement. 8.3 In interpreting this Agreement, there shall be absolute regard for the rights, responsibilities, and prerogatives of management. This Agreement shall be so construed that there shall be no interference with such rights, responsibilities, and prerogatives except as may be expressly provided in this Agreement. 8.4 If in the sole discretion of the Employer, it is determined that emergency conditions exist, including, but not limited to riots, civil disorders, hurricane conditions, natural or manmade disasters, terrorist acts, or similar catastrophes, the provisions of this Agreement may be suspended by the Employer during the time of the declared emergency, but wage rates and monetary benefits of Officers from the bargaining unit shall not be suspended.

EMPLOYER’S MANAGEMENT RIGHTS. 8.1 The Employer reserves and retains exclusively all of 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 officersdeputies. 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, Employer to direct their its 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, equipment vehicles, machinery, materials, products and supplies to be used, operated, 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, 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 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, 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, policies and practices not in direct conflict with the provisions of this Agreement. O. To alter health plans, insurance carriers, policies or administrators through which benefits may be provided and to establish terms and conditions of employment except as expressly modified or restricted by a specific provision of this Agreement. 8.3 In interpreting this Agreement, there shall be absolute regard for the rights, responsibilities, and prerogatives of management. This Agreement shall be so construed that there shall be no interference with such rights, responsibilities, and prerogatives except as may be expressly provided in this Agreement. 8.4 If in the sole discretion of the Employer, it is determined that emergency conditions exist, including, but not limited to riots, civil disorders, hurricane conditions, natural or manmade disasters, terrorist acts, or similar catastrophes, the provisions of this Agreement may be suspended by the Employer during the time of the declared emergency, but provided that wage rates and monetary benefits of Officers Deputies from the bargaining unit shall not be suspended.