General Management Rights. A.4.1.1 Save and except to the extent specifically modified or limited by any provisions of this Agreement, the right and responsibility to manage the business of the Employer and its schools is vested solely and exclusively with the Employer.
A.4.1.2 The Employer agrees that it will not exercise its management rights in a manner that is arbitrary, unreasonable, or discriminatory or that is inconsistent with the terms and provisions of this Agreement.
General Management Rights. 5.1 Except as may be otherwise specifically provided in this Agreement to the contrary, the Director and/or the Board of Trustees hereby retain and reserve all powers, rights, authority, duties and responsibilities conferred upon and vested in them prior to the signing of this Agreement; by the Laws and Constitution of the State of New Jersey and of the United States; by the duties and responsibilities of the Director set forth in the personnel manual; and by the By-Laws of the Board of Trustees. These rights include, but are not limited to, the following:
(a) The executive management and administrative control of the Library and its properties and facilities;
(b) The hiring of all employees and determining their qualifications and conditions for continued employment;
(c) Preparation of employee work schedules;
(d) Carrying out employee performance evaluation in accordance with the terms of the personnel manual;
(e) The suspension or discharge of an employee for cause, as provided for in the personnel manual, subject to the grievance provisions above;
(f) The assignment, reassignment or promotion of an employee;
(g) The introduction of new, different or improved methods and procedures in operation;
(h) The establishment of policy in order to maintain the effectiveness of Library operations, and the determination of methods, means and personnel by which operations are to be controlled;
(i) The recall of employees with no advance notice for emergency situations or in the event of a declaration of emergency by the Mayor or Acting Mayor of Tenafly;
(j) The adoption of a salary resolution consistent with the terms of this Agreement and the provisions of the pension, medical, dental coverage, and other fringe benefits as consistent with the terms of the Agreement;
(k) Maintenance of a confidential, personal employment file for each employee.
General Management Rights. Except as limited by the specific and express terms of this Memorandum of Understanding, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the law and the Constitution of the State of California and/or the United States of America. The management and the direction of the work force of the City are vested exclusively in the City, and nothing in the MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees; the right to hire, promote, demote, transfer, assign, schedule and retain employees in positions within the City; subject to the rules and regulations of the City; suspend or discharge employees for just and proper cause; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means and appropriate job classifications, organizational structure and personnel by which the operations are to be carried out; and to establish reasonable performance standards for personnel, including but not limited to qualifications and quantity standards. In addition to the foregoing, the parties agree that the City may demand to meet and confer over the subject of furloughs.
General Management Rights. The Union and its membership recognize that the District retains and reserves all its rights, power and authority to operate and manage the business to direct, control and schedule its operations and work force and to make any decisions, retain all functions and authority connected with or in any way affecting the business, whether or not specifically mentioned herein and whether or not hereto exercised, unless specifically and expressly limited by the terms of this Agreement. The Union and its members also recognize that the District will have the right to make unilateral changes to employees’ terms and conditions of employment on subjects covered by the District’s management rights. Further, the terms in this Agreement constitute a waiver of the Union’s right to bargain over subjects covered by the District’s management rights.
General Management Rights. The parties agree that the Company retains exclusively all the customary and normal functions of management, including, but not limited to, the rights to determine the labor requirements of the Company, to hire, direct, require and schedule overtime, assign, recall, transfer and promote employees, to establish shifts, starting and quitting times, to reprimand, demote, suspend, and discharge employees for just cause, to layoff employees for lack of work or other reasons, and this Agreement shall not be deemed to limit or curtail the Company in any way in its exercise to these rights, unless and only to the extent that a specific provision of this Agreement expressly limits and curtails such rights.
General Management Rights. The Union and its members recognize that the Employer retains and reserves all its rights, power and authority to operate and manage the business, and its workforce, whether or not specifically mentioned herein and whether or not hereto exercised, unless specifically and expressly limited by the terms of this Agreement.
General Management Rights. The Portfolio Companies hereby (i) engage SunTx to provide general administrative and financial advice regarding all matters not otherwise reserved for the board of directors or general partner, as applicable, of a Portfolio Company and (ii) in addition to following the covenants in Section 3.1 of the Securities Purchase Agreement, agree and covenant to consult with, and consider the advice of, SunTx prior to making any decisions outside the ordinary course of business. In furtherance of, and not in limitation of, the preceding, SunTx will have access to the Chief Operating Officer of COPI, during reasonable business hours, to facilitate the purposes of this Section 1. The advice provided by SunTx under this Section 1 will constitute, inclusive of any services previously provided by SunTx to the Portfolio Companies, the "SERVICES". Subject to earlier termination as set forth in Section 6 hereof, this Section 1 shall terminate upon the earlier of the date of termination of the Securities Purchase Agreement, date of the closing of the transactions contemplated by the Securities Purchase Agreement, or December 31, 2001 (the earliest such date being the "TERMINATION DATE").
General Management Rights. Nothing in this agreement shall affect the authority of any management official to:
a. Determine the mission, budget, organization, number of employees, and internal security practices of the agency.
b. Hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees.
c. Assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted.
d. Make selections for appointments from among properly ranked and certified candidates for promotion, or any other appropriate source.
e. Take whatever actions may be necessary to carry out the agency mission during emergencies.
General Management Rights. Management retains all rights granted by statute and the common law to manage its operation. PCD’s areas of responsibilities are reserved to PCD’s management if PCD is to function effectively and perform its mission in service of the public. To this end, the Union recognizes that, except as specifically limited by this Agreement, all rights to manage, direct and supervise the operation of PCD and the employees are vested solely in PCD.
General Management Rights. AF1 retains the exclusive right to manage its business and direct its Players. All the rights, powers, functions and authority of the AF1 (collectively referred to as “Management Rights”) which AF1 had prior to the time any union became certified as exclusive collective bargaining representative of AF1 Players, and which are not specifically relinquished or modified by specific provisions of this Agreement, are retained by the AF1.
