Common use of Exercise of Management Rights Clause in Contracts

Exercise of Management Rights. These article sections are subject to Xxxx 18-11 and the PLRA. Should any of the provisions in these articles conflict with the PLRA and Xxxx 18-11, or any other law, the law shall prevail. 1. In the event the Employer considers any exercise of a management right listed in Article 42 and the parties are unable to agree as to the effects on employees of the Employer exercise of such rights, all provisions of this agreement shall be reopened for negotiations at the request of either party on or after November 1, 2004. 2. If, after negotiations, the parties are unable to agree, impasse may be declared by either party. Within 10 days of impasse, the parties shall select an impasse neutral either by agreement or through the process of the American Arbitration Association. Within 60 days thereafter, the dispute shall be resolved pursuant to the impasse procedures (excluding dates) of Chapter 33, Section 33-81(b) of the Xxxxxxxxxx County Code. Within 10 days after submission of all evidence, the impasse neutral shall select, as a whole, the more reasonable, in the impasse neutral’s judgment, of the final offers submitted by the parties. The impasse neutral may take into account only those factors listed in Chapter 33-81(b)(5) of the Xxxxxxxxxx County Code. (See Ground Rules, Addendum, 2004-2005, attached as Appendix T.)

Exercise of Management Rights. These article sections are subject to Xxxx Bill 18-11 and the PLRA. Should any of the provisions in these articles conflict with the PLRA and Xxxx Bill 18-11, or any other law, the law shall prevail. 1. In the event the Employer considers any exercise of a management right listed in Article 42 and the parties are unable to agree as to the effects on employees of the Employer exercise of such rights, all provisions of this agreement shall be reopened for negotiations at the request of either party on or after November 1, 2004. 2. If, after negotiations, the parties are unable to agree, impasse may be declared by either party. Within 10 days of impasse, the parties shall select an impasse neutral either by agreement or through the process of the American Arbitration Association. Within 60 days thereafter, the dispute shall be resolved pursuant to the impasse procedures (excluding dates) of Chapter 33, Section 33-81(b) of the Xxxxxxxxxx County Code. Within 10 days after submission of all evidence, the impasse neutral shall select, as a whole, the more reasonable, in the impasse neutral’s judgment, of the final offers submitted by the parties. The impasse neutral may take into account only those factors listed in Chapter 33-81(b)(5) of the Xxxxxxxxxx County Code. (See Ground Rules, Addendum, 2004-2005, attached as Appendix T.)