MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer’s operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to: (a) maintain order, discipline and efficiency; (b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments; (c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may be the subject of a grievance and dealt with as hereinafter provided; (d) make, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are not inconsistent with the provisions of this Agreement; (e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and (f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services. 3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges Except to the extent specifically modified by this Agreement, all rights and recognizes that all matters concerning the prerogatives of management of are retained by the Employer’s operations . The Employer's exclusive rights, powers and the direction of the working force are fixed exclusively with the Employer and authority shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer include but not be confined to:
(a) maintain orderThe right to plan, discipline direct, control and efficiency;alter all operations and the right to designate, establish, revise or discontinue departments, subject to the express terms of this Agreement.
(b) selectThe right to make, enforce and alter, from time to time, rules and regulations to be observed by the employees; hire, transfer, promote, demote, classify, retire, transfer, assignassign duties to, lay-off, retire, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses employees, provided that a claim by a nurse who has successfully completed her probationary period that she an employee has been disciplined, suspended discharged or discharged disciplined without just cause or has been dealt with contrary to the provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided;.
(c) The right to determine the work to be done and the methods, techniques, equipment and materials to be used; the location, work assignments, standards of performance and number of employees required; scheduling; the extension, limitation, curtailment or cessation of operations or any part thereof.
(d) makeThe right to maintain order, enforce discipline, efficiency and alter from time standards of performance.
(e) And the right to timedetermine the services to be provided; and establish standards and procedures for the care, reasonable rules welfare, safety and regulations and policies governing the conduct comfort of the nurses residents; the schedule of hours of work; the number of shifts; the requirement of a medical examination by a physician; whether there shall be overtime and who shall perform such work; the number of hours to be observed worked; starting and quitting times; and generally, the right to manage the Corporation subject to the express terms of this Agreement.
3.02 The parties acknowledge that the Employer is governed by the nurses which are not inconsistent terms of the Long Term Care Homes Act, 2007, any successor legislation and various related statutes and the regulations made thereunder and it is agreed between the parties hereto that if there is any conflict in any way between these Acts or Regulations then the provisions of the Act or any Regulations pursuant thereto shall govern. This Agreement is further subject to the terms of all agreements between the Employer and government of the Province of Ontario.
3.03 The Employer and the Association recognize their joint duty to accommodate disabled employees in accordance with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesOntario Human Rights Code.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management function of the Employer’s operations University to exercise the regular and customary functions of management and to direct the direction of workforce subject to the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. .
3.02 Without restricting or limiting the generality of the foregoingabove, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer these management functions include, but are not limited to:
(a) hire, appoint, re-‐appoint, not appoint, classify, direct, assign, promote, demote, retire, transfer, layoff or recall, discharge, reprimand, suspend or otherwise discipline employees. A claim of discriminatory exercise of these management functions, including promotion, demotion, layoff or a claim of discipline without just cause, shall be treated as a grievance, as provided for under Articles 8 and 9 of this Agreement;
(b) generally manage the University and without restricting the generality of the foregoing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be performed, the methods, procedures, and equipment, schedules of work and all other matters concerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogram, recallDepartment/School, promoteoperation or service, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedany expansion, suspended alteration, combining, transfer or discharged without cause may be the subject ceasing of a grievance and dealt with as hereinafter provided;
(d) makeany course, enforce and alter from time to timejob, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are program, Department or School is not inconsistent with the provisions terms of this Agreement;
(e) generally to manage develop, implement, modify and amend policies, rules, procedures and practices provided that such policies, rules, procedures and practices are not inconsistent with the services in which the Employer is engaged or may become engaged and without in any way restricting the generality terms of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesthis Agreement.
3.02 3.03 The Employer University agrees that such rights these functions shall be exercised in a manner consistent with the provisions of this Agreement.
3.04 The University agrees that no work or function performed by members of the Bargaining Unit shall be contracted out when doing so shall result in the direct layoff of a Bargaining Unit member.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management func- tion of the Employer’s operations University to exercise the regular and the direction customary functions of management and to direct the working force are fixed exclusively with forces subject to the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. Agree- ment.
3.02 Without restricting or limiting the generality of the foregoingabove, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer these management functions include, but are not lim- ited to:
(a) hire, appoint, re-appoint, not appoint, classi- fy, direct, assign, promote, demote, retire, transfer, layoff or recall, discharge, reprimand, suspend or otherwise discipline employees. A claim of discriminatory exercise of these management functions, including promotion, demotion, layoff or a claim of discipline with- out just cause, shall be treated as a griev- ance, as provided for under Articles VIII and IX of this Agreement;
(b) generally manage the University and with- out restricting the generality of the forego- ing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be performed, the methods, proce- dures, and equipment, schedules of work and all other matters concerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogramme, recallDepart- ment/School, promoteoperation or service, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedany expansion, suspended alteration, combining, transfer or discharged without cause may be the subject ceasing of a grievance and dealt with as hereinafter provided;
(d) makeany course, enforce and alter from time to timejob, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are pro- gramme, Department or School is not inconsistent incon- sistent with the provisions terms of this Agreement;
(e) generally to manage develop, implement, modify and amend poli- cies, rules, procedures and practices provid- ed that such policies, rules, procedures and practices are not inconsistent with the services in which the Employer is engaged or may become engaged and without in any way restricting the generality terms of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesthis Agreement.
3.02 3.03 The Employer University agrees that such rights these functions shall be exercised in a manner consistent with the provisions of this Agreement.
3.04 The University agrees that no work or func- tion performed by members of the Bargaining Unit shall be contracted out when doing so shall result in the direct layoff of a Bargaining Unit member.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges Subject to Section 20.2, Manager shall, as agent for and recognizes that all matters concerning on behalf of Owner, operate, manage, lease and administer the management Managed Containers as part of the Employer’s operations and the direction of the working force are fixed exclusively with the Employer its Fleet and shall remain solely with perform all managerial and administrative functions and provide or arrange for the Employer except as specifically limited by an express provision of this Agreementall services of any nature which it considers necessary or desirable to fulfill the Management Functions. Without restricting or limiting prejudice to the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer toManager shall:
(a) maintain orderseek Lessees, discipline arrange for the leasing and efficiencyenter into Leases as lessor as an independent agent of Owner as such term is used in Section 4, and decide the identity of each Lessee, the period of the Lease, the rental or other sums payable thereunder, and the form and content of the Lease;
(b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards perform on behalf of work performance and work assignmentsOwner the obligations of the lessor under the Leases;
(c) dischargeexercise all rights of the lessor under the Leases, suspendincluding, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedwithout limitation, suspended or discharged without cause may be the subject invoicing and collection of a grievance rental and dealt with as hereinafter providedother payments due from Lessees;
(d) make, enforce and alter from time take any actions Manager deems necessary to time, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed ensure compliance by the nurses which are not inconsistent Lessees with the provisions terms of this Agreementtheir Leases;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality log interchanges of the foregoingManaged Containers including the return and re-lease of Managed Containers from depots;
(f) inspect, repair, maintain, service and store the Managed Containers to the extent Manager deems necessary for the purposes of this Agreement, to determine comply with the types Leases and in accordance with Manager’s maintenance and repair standards for its Fleet (including without limitation bringing and settling warranty claims and defective container settlements with the applicable vendor);
(g) arrange for the sale of services to be provided and Managed Containers, outright or through a lease/purchase arrangement, in the programs required to carry out those servicesordinary course of business consistent with past practice, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nursein accordance with Manager’s qualifications for employment and promotion, location and classification of personnel required sell/repair decision-making procedures that are from time to timetime in effect, work assignments and which sell/repair decision-making procedures have been approved by Owner, and will report to the scheduling thereofOwner all such sales in a timely manner; provided, supervision however, that no such sale shall be to a Sanctioned Person;
(h) obtain insurance in accordance with the provisions of Section 9 hereof and control in respect of programsany matters which Manager considers necessary or prudent, including, without limitation, public liability insurance, and settle claims with the applicable insurance companies on such terms as Manager shall, in its sole discretion, determine;
(i) follow, and direct TUS, as lessor under each TUS Sublease, to follow, such credit policies with respect to the leasing of the Managed Containers as it follows from time to time with respect to its Fleet and, subject to such credit policies, Manager may, in its sole discretion, (a) determine and approve the creditworthiness of any Lessee (but Manager makes no representation and warranty to Owner or any other Person as to the solvency or financial stability of any Lessee or the ability of any Lessee to pay rent), (b) determine that any amount due from any Lessee is not collectible, (c) institute and prosecute legal proceedings against a Lessee as permitted by applicable law, (d) terminate or cancel any Lease, (e) recover possession of Managed Containers from any Lessee, (f) settle, compromise or release any proceeding or claim against a Lessee in the name of Manager or, if appropriate, in the name of Owner, or (g) reinstate any Lease; provided, however, that in no event shall Manager lease a Managed Container to a Sanctioned Person (provided that (i) no lease of a Managed Container to a Sanctioned Person shall breach this Section 3.1(i) if, at the time at which Manager entered into such Lease, such lessee was not a Sanctioned Person, and (ii) no unpermitted sublease of a Managed Container by a Lessee to a Sanctioned Person shall breach this Section 3.1(i) unless Manager provided its consent to such sublease);
(j) ensure that each Managed Container carries its Container Identification Number and other markings as may be required for its operation in marine and intermodal shipping;
(k) institute and prosecute claims against the manufacturers of the Managed Containers as Manager may consider advisable for breach of warranty, any defect in condition, design, operation or fitness or any other non-conformity with the terms of manufacture and/or the related sale agreement; and
(fl) pay, on behalf of Owner and subject to take all steps reimbursement by Owner either as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised Operating Expenses or under Section 6.2, out-of-pocket expenses incurred in a manner consistent connection with the provisions of this AgreementManaged Containers.
Appears in 2 contracts
Samples: Management Agreement (Textainer Group Holdings LTD), Management Agreement (Textainer Group Holdings LTD)
MANAGEMENT FUNCTIONS. 3.01 5.01 The Union Association acknowledges and recognizes that all matters concerning the management of the Employer’s operations Home and the direction of the working force are fixed exclusively with in the Employer and shall remain solely with the Employer except as specifically limited by an express a provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union Association acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) maintain Maintain order, discipline and efficiency;
(b) selectHire, hireassign, retire, discharge, direct, promote, demote, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses nurses, provided that a claim of discharge or discipline without just cause by a nurse who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may be the subject of a grievance and dealt with as hereinafter provided;
(c) Determine in the interest of efficient operation and highest standards of service, classifications, the hours of work, work assignments, methods of doing the work and the working establishment for any service, and the standards of performance for all nurses;
(d) makeDetermine the number of personnel required, services to be performed and the methods, procedures and equipment to be used in connection therewith;
(e) Make and enforce and alter from time to time, time reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are all nurses.
5.02 It is agreed that these rights shall not be exercised in a manner inconsistent with the provisions of this Agreement;.
(ea) generally to manage The parties acknowledge that the services in which Home is governed by the Employer Homes for the Aged and Rest Homes Act, and other legislation including any successor legislation and various related statutes and the regulations there under. It is engaged or may become engaged and without agreed between the parties hereto that if there is any conflict in any way restricting the generality of the foregoing, to determine the types of services to be provided between these acts or regulations and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreementagreement, then the provisions of the act or any regulations pursuant thereto shall govern. This agreement is further subject to the terms of the Service Agreement between the Employer and the Ministry of Health and Long Term Care of the Province of Ontario.
(b) In the event that any provision of this agreement is found to be invalid, owing to a conflict with the Homes of the Aged and Rest Homes Act or any other legislation, the other provisions of the agreement shall continue and the parties shall meet within sixty (60) days to agree upon a replacement provision.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management function of the Employer’s operations University to exercise the regular and the direction customary func- tions of management and to direct the working force are fixed exclusively with forces subject to the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. .
3.02 Without restricting or limiting the generality of the foregoingabove, these management functions include, but are not limited to, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) hire; appoint; re-appoint; not appoint; classify; direct; assign; promote; demote; retire; transfer; layoff or recall; discharge; reprimand, suspend or otherwise discipline employees. A claim of discriminatory exercise of these management functions, including promotion, demotion, layoff or a claim of disci- xxxxx without just cause, shall be treated as a griev- ance, as provided for under Articles VIII and IX of this Agreement;
(b) generally manage the University and without restrict- ing the generality of the foregoing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be performed, the methods, procedures, and equipment, schedules of work and all other mat- ters concerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogramme, recalldepartment/school, promoteoperation or service, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedany expansion, suspended alteration, combining, transfer or discharged without cause may be the subject ceasing of a grievance and dealt with as hereinafter provided;
(d) makeany course, enforce and alter from time to timejob, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are programme, department or school is not inconsistent with the provisions terms of this Agreement;
(e) generally to manage develop, implement, modify and amend policies, rules, procedures and practices provided that such policies, rules, procedures and practices are not inconsistent with the services in which the Employer is engaged or may become engaged and without in any way restricting the generality terms of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesthis Agreement.
3.02 3.03 The Employer University agrees that such rights shall these functions will be exercised in a manner consistent with the provisions of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer’s operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) maintain order, discipline and efficiency;
(b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses employees provided that a claim by a nurse an employee who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may be the subject of a grievance and dealt with as hereinafter provided;
(d) make, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses employees and to be observed by the nurses employees which are not inconsistent with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s employee qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges Except to the extent specifically modified by this Agreement, all rights and recognizes that all matters concerning the prerogatives of management of are retained by the Employer’s operations . The Employer's exclusive rights, powers and the direction of the working force are fixed exclusively with the Employer and authority shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer include but not be confined to:
(a) maintain orderThe right to plan, discipline direct, control and efficiency;alter all operations and the right to designate, establish, revise or discontinue departments, subject to the express terms of this Agreement.
(b) selectThe right to make, enforce and alter, from time to time, rules and regulations to be observed by the employees; hire, transfer, promote, demote, classify, retire, transfer, assignassign duties to, lay-off, retire, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses employees, provided that a claim by a nurse who has successfully completed her probationary period that she an employee has been disciplined, suspended discharged or discharged disciplined without just cause or has been dealt with contrary to the provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided;.
(c) The right to determine the work to be done and the methods, techniques, equipment and materials to be used; the location, work assignments, standards of performance and number of employees required; scheduling; the extension, limitation, curtailment or cessation of operations or any part thereof.
(d) makeThe right to maintain order, enforce discipline, efficiency and alter from time standards of performance.
(e) And the right to timedetermine the services to be provided; and establish standards and procedures for the care, reasonable rules welfare, safety and regulations and policies governing the conduct comfort of the nurses residents; the schedule of hours of work; the number of shifts; the requirement of a medical examination by a physician; whether there shall be overtime and who shall perform such work; the number of hours to be observed worked; starting and quitting times; and generally, the right to manage the Corporation subject to the express terms of this Agreement.
3.02 The parties acknowledge that the Employer is governed by the nurses which are not inconsistent terms of the Charitable Institutions Act, any successor legislation and various related statutes and the regulations made thereunder and it is agreed between the parties hereto that if there is any conflict in any way between these Acts or Regulations then the provisions of the Act or any Regulations pursuant thereto shall govern. This Agreement is further subject to the terms of all agreements between the Employer and government of the Province of Ontario.
3.03 The Employer and the Association recognize their joint duty to accommodate handicapped employees in accordance with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesOntario Human Rights Code.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management func- tion of the Employer’s operations University to exercise the regular and the direction customary functions of management and to direct the working force are fixed exclusively with forces subject to the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. .
3.02 Without restricting or limiting the generality of the foregoingabove, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer these management functions include, but are not limited to:
(a) hire, appoint, re-appoint, not appoint, classi- fy, direct, assign, promote, demote, retire, transfer, layoff or recall, discharge, reprimand, suspend or otherwise discipline employees. A claim of discriminatory exercise of these management functions, including promotion, demotion, layoff or a claim of discipline with- out just cause, shall be treated as a griev- ance, as provided for under Articles VIII and IX of this Agreement;
(b) generally manage the University and without restricting the generality of the foregoing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be per- formed, the methods, procedures, and equip- ment, schedules of work and all other matters concerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogramme, recallDepart- ment/school, promoteoperation or service, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedany expansion, suspended alteration, combining, transfer or discharged without cause may be the subject ceasing of a grievance and dealt with as hereinafter provided;
(d) makeany course, enforce and alter from time to timejob, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are pro- gramme, Department or school is not inconsistent incon- sistent with the provisions terms of this Agreement;
(e) generally to manage develop, implement, modify and amend poli- cies, rules, procedures and practices provid- ed that such policies, rules, procedures and practices are not inconsistent with the services in which the Employer is engaged or may become engaged and without in any way restricting the generality terms of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesthis Agreement.
3.02 3.03 The Employer University agrees that such rights these functions shall be exercised in a manner consistent with the provisions of this Agreement.
3.04 The University agrees that no work or func- tion performed by members of the Bargaining Unit shall be contracted out when doing so shall result in the direct layoff of a Bargaining Unit member.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management function of the Employer’s operations University to exercise the regular and the direction customary functions of management and to direct the working force are fixed exclusively with forces subject to the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. .
3.02 Without restricting or limiting the generality of the foregoingabove, these management functions include, but are not limited to, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) hire, appoint, re-appoint, not appoint, classify, direct, assign, promote, demote, retire, transfer, layoff or recall, discharge, reprimand, suspend or otherwise discipline employees. A claim of dis- criminatory exercise of these management func- tions, including promotion, demotion, layoff or a claim of discipline without just cause, shall be treated as a grievance, as provided for under Arti- cles VIII and IX of this Agreement;
(b) generally manage the University and without restrict- ing the generality of the foregoing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be performed, the methods, procedures, and equipment, schedules of work and all other mat- ters concerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogramme, recalldepartment/school, promoteoperation or service, increase provided that any expansion, alteration, combining, transfer or decrease work assignments and determine standards ceasing of work performance and work assignments;any course, job, programme, department or school is not inconsistent with the terms of this Agreement.
(ce) dischargedevelop, suspendimplement, demote or otherwise discipline nurses modify and amend policies, rules, procedures and practices provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedsuch policies, suspended or discharged without cause may be the subject of a grievance rules, procedures and dealt with as hereinafter provided;
(d) make, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which practices are not inconsistent with the provisions terms of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 3.03 The Employer University agrees that such rights these functions shall be exercised in a manner consistent with the provisions of this Agreement.
3.04 The University agrees that no work or function performed by members of the bargaining unit shall be contracted out when doing so shall result in the direct layoff of a bargaining unit member.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management function of the Employer’s operations University to exercise the regular and custom- ary functions of management and to direct the direction of work- ing forces subject to the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. .
3.02 Without restricting or limiting the generality of the foregoingabove, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer these management functions include, but are not limited to:
(a) hire; appoint; re-appoint; not appoint; classify; direct; assign; promote; demote; retire; transfer; layoff or recall; discharge; reprimand, suspend or otherwise discipline employees. A claim of discriminatory exercise of these management functions, including promotion, demotion, layoff or a claim of discipline without just cause, shall be treated as a grievance, as provided for under Articles VIII and IX of this Agreement;
(b) generally manage the University and without restricting the generality of the foregoing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be per- formed, the methods, procedures, and equip- ment, schedules of work and all other matters concerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogramme, recallDepart- ment/School, promoteoperation or service, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedany expansion, suspended alteration, combining, transfer or discharged without cause may be the subject ceasing of a grievance and dealt with as hereinafter provided;
(d) makeany course, enforce and alter from time to timejob, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are pro- gramme, Department or School is not inconsistent incon- sistent with the provisions terms of this Agreement;
(e) generally to manage develop, implement, modify and amend poli- cies, rules, procedures and practices provid- ed that such policies, rules, procedures and practices are not inconsistent with the services in which the Employer is engaged or may become engaged and without in any way restricting the generality terms of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesthis Agreement.
3.02 3.03 The Employer University agrees that such rights shall these functions will be exercised in a manner consistent with the provisions of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning it is the management function of the Employer’s operations University to exercise the regular and custom- ary functions of management and to direct the direction of work- ing forces subject to the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision terms of this Agreement. .
3.02 Without restricting or limiting the generality of the foregoingabove, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer these management functions include, but are not lim- ited to:
(a) hire; appoint; re-appoint; not appoint; classi- fy; direct; assign; promote; demote; retire; transfer; layoff or recall; discharge; reprimand, suspend or otherwise discipline employees. A claim of discriminatory exercise of these man- agement functions, including promotion, demotion, layoff or a claim of discipline with- out just cause, shall be treated as a grievance, as provided for under Articles VIII and IX of this Agreement;
(b) generally manage the University and without restricting the generality of the foregoing: determine the number of employees required from time to time, determine the requirements of a job, the standards of the work to be per- formed, the methods, procedures, equipment, schedules of work and all other matters con- cerning the operation of the University;
(c) maintain order, discipline and efficiency;
(bd) selectexpand, hirereduce, classifyalter, retirecombine, transfertransfer or cease any course, assignjob, lay-offprogramme, recallDepart- ment/school, promoteoperation or service, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplinedany expansion, suspended alteration, combining, transfer or discharged without cause may be the subject ceasing of a grievance and dealt with as hereinafter provided;
(d) makeany course, enforce and alter from time to timejob, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are pro- gramme, Department or school is not inconsistent incon- sistent with the provisions terms of this Agreement;
(e) generally to manage develop, implement, modify and amend poli- cies, rules, procedures and practices provid- ed that such policies, rules, procedures and practices are not inconsistent with the services in which the Employer is engaged or may become engaged and without in any way restricting the generality terms of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesthis Agreement.
3.02 3.03 The Employer University agrees that such rights shall these functions will be exercised in a manner consistent with the provisions of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 A. The Union acknowledges Employer retains, solely and recognizes exclusively, all the rights, powers and authority that all matters concerning it possessed or exercised prior to the management execution of the Employer’s operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer this Agreement, except as specifically expressly limited by an express a specific provision of this Agreement. .
B. Without restricting or limiting the generality of the foregoingParagraph 1, the Union acknowledges rights, powers and recognizes that it is authority retained by the exclusive function Employer include, but are not limited to, the following: to determine the type and right scope of work to be performed, and of the Employer to:
(a) maintain orderhealth care services to be provided; to determine the methods, discipline processes, means and efficiency;
(b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, places of providing health care services; to effect technological changes; to increase or decrease the work assignments force and to determine standards of the size thereof; to assign work performance and to decide which employees are qualified to perform work; to suspend, eliminate, add to, expand and control the quality services; to discontinue work for economic, medical or operational reasons; to contract for supplies or services; to select employees for hire, scheduling, promotion, demotion, layoffs or transfer; to manage and direct its business, operations and work assignments;force and maintain the efficiency thereof; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to establish work standards, schedules of operation and work load; to specify or assign work requirements and overtime; to schedule working hours and shifts; to utilize external traveler RNs (this is not intended to permanently replace staff or abolish positions); and to adopt or modify work place policies and rules of conduct and penalties for violation thereof.
(c) dischargeC. All other rights of management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the Employer, suspendeven though not enumerated above. The exercise of any right reserved to management herein in a particular manner, demote or otherwise discipline nurses provided that the non- exercise of any such right, shall not be deemed a claim by waiver of the Employers' right or preclude the Employer from exercising the right in a nurse who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may different manner.
D. The retained rights of management shall not be subject to the subject of a grievance and dealt with as hereinafter provided;
(d) make, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are not inconsistent with the arbitration provisions of this Agreement;
(e) generally to manage , unless they are in direct violation of the services in which terms of this agreement, nor shall the Employer is engaged or may become engaged and without in be required to bargain with the Union over the Employer's exercising of any way restricting such rights. The Union does not waive its right to bargain over the generality impacts of the foregoing, to determine application of the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesrights outlined above.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer’s operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) maintain order, discipline and efficiency;
(b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses employees provided that a claim by a nurse an employee who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may be the subject of a grievance and dealt with as hereinafter provided;
(d) make, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses employees and to be observed by the nurses employees which are not inconsistent with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s employee qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 4.01 The Union acknowledges and recognizes that all matters concerning except as specifically abridged or modified by this Agreement the management Management of the Employer’s operations Employer and the direction of the working force forces are fixed exclusively with by the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this AgreementCompany. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer Company to:.
(a) maintain Maintain order, discipline and efficiency;
(b) selectfor just cause, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may be the subject of a grievance and dealt with as hereinafter provided;
(d) make, enforce and alter from time to time, reasonable rules and regulations regulations, reasonable policies and policies governing the conduct of the nurses and practices to be observed by employees, including, but not limited to, rules and regulations respecting confidentiality, conduct, dress, safety, customer service, security of the nurses which are not inconsistent with Employer, its property and personnel.
(b) Hire, assign, direct, promote, demote, classify, transfer, layoff, recall employees.
(i) Suspend discharge or otherwise discipline non- probationary employee for just cause.
(ii) Discharge a probationary employee in the provisions sole discretion of this Agreement;the Employer.
(d) Operate and manage its affairs and facility in as efficient and economical a manner as it sees fit.
(e) generally Determine the nature and kind of businesses to manage be conducted by the services in which Employer; the Employer is engaged or may become engaged and without in any way restricting products to be carried; the generality of the foregoing, to determine the types of services to be provided rendered and the programs required method by which such services will be rendered, whether to carry out those servicesperform work or services or have work or services performed by others; the kinds and locations of equipment, including merchandise, goods, fixtures; the right type of customer service to planbe used; the control of materials and goods, direct and control services, facilities, programs, courses, procedures, the methods, staffing, processes and techniques of work; the content, evaluation schedules of work; the number and description of jobs, nurse’s qualifications for employment and promotion, location and classification kind of personnel required from time to time, work assignments and be employed; the scheduling thereof, supervision and control reasonable standards of programs; andperformance.
(f) to take Make studies of, and institute changes in jobs, job content or job assignments; discontinue reorganize, limit, combine, substitute any operation or part thereof; determine all steps as may be deemed available by other aspects of the Employer to carry out Company’s operation, all of which shall remain solely within the rights of the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer’s Employer‟s operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) maintain order, discipline and efficiency;
(b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline nurses employees provided that a claim by a nurse an employee who has successfully completed her probationary period that she has been disciplined, suspended or discharged without cause may be the subject of a grievance and dealt with as hereinafter provided;
(d) make, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses employees and to be observed by the nurses employees which are not inconsistent with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s Employer‟s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 4.01 The Union acknowledges that it is the exclusive right and recognizes that all matters concerning the management function of the Employer’s operations Company to generally manage the Dealership and the direction of the working force are fixed exclusively all its programs in all respects, and in accordance with the Employer its rights and shall remain solely with the Employer obligations, except as specifically limited expressly modified or restricted by an express a specific provision of this Agreement. Without Agreement and without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) maintain orderto hire employees, discipline determine their qualifications and efficiency;
(b) selectassign, hireand direct their work; to promote, classify, retiredemote, transfer, assign, lay-off, recall, promote, increase or decrease recall to work assignments and determine retire employees; to set the standards of work performance and work assignmentsproductivity, the services to be rendered;
(cb) dischargeto reprimand, suspend, demote discharge or otherwise discipline nurses employees for just and reasonable cause provided that a claim by a nurse an employee who has successfully completed her his probationary period period, that she the employee has been disciplined, suspended disciplined or discharged without just and reasonable cause may be the subject of a grievance and dealt with as hereinafter provided; to determine the number of employees to be employed, to determine the amount and forms of compensation for employees not specified in the Collective Agreement;
(c) to maintain the efficiency of operations; to determine the personnel, methods, means and facilities by which operations are conducted; to set the starting and quitting times, and the number of hours and shifts to be worked; to close down or relocate the Dealership's operations, or any part thereof; to expand, reduce, alter, combine, transfer, assign or cease any job, department, operation or service; to control and regulate the use of facilities, equipment and other property of the Dealership;
d) maketo introduce new or improved research, enforce service and alter from time machinery; to timedetermine the number, location and operation of departments, divisions and all other units of the Company; to issue, amend and revise policies, reasonable rules and rules, regulations and policies governing practices; whenever possible, the conduct Company will make reasonable efforts to discuss proposed policies, rules, regulations and practices with the Union in advance.
4.02 It is agreed that the Company shall not exercise any of the nurses and to be observed by the nurses which are not its rights in a manner that is inconsistent with the provisions of this Agreement;
(e) generally to manage . It is agreed that the services in Company may exercise any of the rights, powers and functions or authority which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services Company had prior to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions signing of this Agreement, except those rights, powers, or functions, or authority which are specifically modified, or restricted by this Agreement.
4.03 There shall be a Labour/Management Committee of no more than four (4) persons, two (2) representatives of management and two (2) employees from the bargaining unit appointed by the Union. The Company may, at its discretion, convene a meeting of the Committee to discuss matters of mutual concern. The
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges Except to the extent specifically modified by this Agreement, all rights and recognizes that all matters concerning the prerogatives of management of are retained by the Employer’s operations . The Employer's exclusive rights, powers and the direction of the working force are fixed exclusively with the Employer and authority shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer include but not be confined to:
(a) maintain orderThe right to plan, discipline direct, control and efficiency;alter all operations and the right to designate, establish, revise or discontinue departments, subject to the express terms of this Agreement.
(b) selectThe right to make, enforce and alter, from time to time, rules and regulations to be observed by the employees; hire, transfer, promote, demote, classify, retire, transfer, assignassign duties to, lay-off, retire, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses employees, provided that a claim by a nurse who has successfully completed her probationary period that she an employee has been disciplined, suspended discharged or discharged disciplined without just cause or has been dealt with contrary to the provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided;.
(c) The right to determine the work to be done and the methods, techniques, equipment and materials to be used; the location, work assignments, standards of performance and number of employees required; scheduling; the extension, limitation, curtailment or cessation of operations or any part thereof.
(d) makeThe right to maintain order, enforce discipline, efficiency and alter from time standards of performance.
(e) And the right to timedetermine the services to be provided; and establish standards and procedures for the care, reasonable rules welfare, safety and regulations and policies governing the conduct comfort of the nurses residents; the schedule of hours of work; the number of shifts; the requirement of a medical examination by a physician; whether there shall be overtime and who shall perform such work; the number of hours to be observed worked; starting and quitting times; and generally, the right to manage the Corporation subject to the express terms of this Agreement.
3.02 The parties acknowledge that the Employer is governed by the nurses which are not inconsistent terms of the Long Term Care Homes Act, 2007, any successor legislation and various related statutes and the regulations made thereunder and it is agreed between the parties hereto that if there is any conflict in any way between these Acts or Regulations then the provisions of the Act or any Regulations pursuant thereto shall govern. This Agreement is further subject to the terms of all agreements between the Employer and government of the Province of Ontario.
3.03 The Employer and the Association recognize their joint duty to accommodate handicapped employees in accordance with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesOntario Human Rights Code.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 4.01 The Union acknowledges that it is the exclusive right and recognizes that all matters concerning the management function of the Employer’s operations Company to generally manage the Dealership and the direction of the working force are fixed exclusively all its programs in all respects, and in accordance with the Employer its rights and shall remain solely with the Employer obligations, except as specifically limited expressly modified or restricted by an express a specific provision of this Agreement. Without Agreement and without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:.
(a) maintain orderto hire employees, discipline determine their qualifications and efficiencyassign, and direct their work; to promote, demote, transfer, lay-off, recall to work and retire employees; to set the standards of productivity, the services to be rendered;
(b) select, hire, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) dischargeto reprimand, suspend, demote discharge or otherwise discipline nurses employees for just cause provided that a claim by a nurse an employee who has successfully completed her his probationary period period, that she the employee has been disciplined, suspended disciplined or discharged without just cause may be the subject of a grievance and dealt with as hereinafter provided; to determine the number of employees to be employed; to determine the amount and forms of compensation for employees not specified in the Collective Agreement;
(c) to maintain the efficiency of operations; to determine the personnel, methods, means and facilities by which operations are conducted; to set the starting and quitting times, and the number of hours and shifts to be worked, to close down or relocate the Dealershipís operations, or any part thereof; to expand, reduce, alter, combine, transfer, assign or cease any job, department, operation or service; to control and regulate the use
(d) maketo introduce new or improved research, enforce service and alter from time machinery; to timedetermine the number, reasonable rules location and operation of departments, divisions and all other units of the Company; to issue, amend and revise policies, rules, regulations and policies governing practices; whenever possible, the conduct of the nurses Company will make efforts to discuss proposed policies, rules, regulations and to be observed by the nurses which are not inconsistent practices with the provisions of this AgreementUnion in advance;
(e) generally to manage the services in which when the Employer is engaged or may become engaged exercises its rights, it will do so in a fair and without in any way restricting the generality reasonable manner.
4.02 There shall be a Union/Management Committee consisting of two (2) representatives of the foregoing, to determine the types of services to be provided Union and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
two (f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such services.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.2)
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union recognizes and acknowledges and recognizes that all matters concerning the management of the Employer’s operations Plant and the direction of the working force are fixed exclusively with in the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without Company, and, without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer Company to:
(a) maintain order, discipline and efficiency;
(b) selecthire, hiredischarge, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments demote, suspend and determine standards of work performance and work assignments;
(c) dischargediscipline, suspend, demote or otherwise discipline nurses provided that a claim by a nurse who has successfully completed her probationary period that she an employee has been disciplined, suspended or discharged dealt with as above without reasonable cause may be the subject of a grievance and dealt with as hereinafter provided;in accordance with the grievance procedure; to retire after age 65 (this is to be reviewed by the Company on a year-to-year basis).
(dc) makeGenerally, enforce and alter from time to time, reasonable rules and regulations and policies governing the conduct of the nurses and to be observed by the nurses which are not inconsistent with the provisions of this Agreement;
(e) generally to manage the services industrial enterprise in which the Employer Company is engaged or may become engaged and and, without in any way restricting the generality of the foregoing, to determine the types of services products to be provided manufactured, methods of manufacture, schedules of production, kinds and location of machines and tools to be used, process of manufacturing, the engineering and designing of its products, the control of materials manufactured, and parts to be incorporated in the products manufactured, and the programs required to carry out those servicesextension, including limitation, curtailment or succession of operations.
(d) Nothing in this Agreement shall be interpreted as denying or precluding Management either from the right or opportunity of presenting any of its problems to planany Executive Officer of the United Food & Commercial Workers, direct and control services, facilities, programs, courses, procedures, methods, staffingLocal 175. Likewise, the content, evaluation and description Officers of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps aforementioned Union shall have similar opportunity as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesoutlined above.
3.02 The Employer Company agrees that such rights shall these functions will be exercised in a manner consistent with the provisions of this Agreement.
(a) The Company agrees that time for all meetings called by the Company will be paid for at base rate, provided the meeting takes place during the employees' regular working hours, or where the Company insists on mandatory attendance. Should the Company state that attendance is voluntary, then no payment will be made.
(b) All training offered by the Employer and not on the employee’s scheduled shift will be paid at time and one half (1½x) the employee’s rate of pay as long as Article 29:01 is fulfilled.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer’s operations operation and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreementagreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(a) maintain order, discipline and efficiency;
(b) selectmake and enforce and alter from time to time rules and regulations to be observed by all employees;
c) hire, hireassign duties, transfer, promote, demote, classify, retire, transfer, assign, lay-offlayoff, recall, promoteretire, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses employees, provided that a claim by a nurse that an employee who has successfully completed her his probationary period that she has been disciplined, suspended discharged or discharged disciplined without just cause or has been dealt with contrary to the provisions of this agreement may be the subject of a grievance and dealt with as hereinafter provided;
(d) makedetermine the location and extent of the operations and their designation, enforce commencement, expansion, revision, curtailment or discontinuance; to plan, direct, control and alter from time to timeall operations; determine in the interest of efficient operation and highest standards of service, reasonable rules and regulations and policies governing the conduct direction of the nurses and to be observed by working force, the nurses which are not inconsistent with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without in any way restricting the generality of the foregoing, to determine the types of services to be provided and the programs methods, procedures and equipment to be used in connection therewith; determine the descriptions of the jobs, the hours of work, the work assignments and working schedules, the methods of doing the work and the working establishment for any service and the standards of performance for all employees;
e) determine the qualifications of employees, the number of employees required to carry out those services, including by the right to plan, direct Employer at any one time; introduce new and control servicesimproved methods, facilities, programsequipment; control the amount of supervision necessary; to increase or reduce personnel in any particular area; generally, courses, procedures, methods, staffing, the content, evaluation solely and description of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesexclusively manage its operations.
3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 6.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer’s operations Employer and the direction of the working force are fixed exclusively with in the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting or limiting the generality of the foregoing, in the interest of efficient operations and the highest standards of service, the Union acknowledges and recognizes that it is the exclusive function and right of the Employer to:
(ai) maintain order, discipline and efficiency;
(bii) selecthire, hireassign, discharge, direct, promote, demote, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses Employees, provided that a claim by a nurse an Employee who has successfully completed her probationary period acquired seniority standing that he/she has been disciplined, suspended discharged or discharged disciplined without just cause may be become the subject of a grievance and dealt with as hereinafter herein provided;
(diii) makedetermine the nature and kind of operations conducted by the Employer, enforce job content requirements and alter from job qualifications, the kinds and locations of equipment and products to be used, work schedules, work assignments, methods of performing time to timetime and also determine the extension, reasonable rules limitation, curtailment or cessation of operations.
6.02 In order that the functions of management as referred to above may be effectively carried out in the interest of both the Employer and regulations and policies governing the conduct Employees, the Union agrees that the officers of the nurses and to be observed by the nurses which are not inconsistent with the provisions of this Agreement;
(e) generally to manage the services in which the Employer is engaged or may become engaged and without Union in any way restricting concerned with the generality operation of this Agreement as well as Union Stewards, will not encourage and will actively discourage any inefficiency or malpractice on the foregoing, to determine the types part of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description any Employee or group of jobs, nurse’s qualifications for employment and promotion, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesEmployees.
3.02 The Employer agrees 6.03 It is agreed that such rights shall these functions will not be exercised in a manner consistent inconsistent with the express provisions of this Agreement.
6.04 All matters concerning the operation of the Employer’s business not specifically limited by any provisions herein shall be reserved to the Employer and be its sole responsibility. There shall be no attempt by the Union or a Board of Arbitration or Arbitrator to read into the provisions of this Agreement a principle or authority whereby the process of collective bargaining has in any way usurped any rights of the Employer except as same are expressly set out herein.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT FUNCTIONS. 3.01 6.01 The Union acknowledges and recognizes agrees that the Company shall continue to reserve all matters concerning the management of the Employer’s operations rights, power and the direction of authority to manage its plant and business and to direct the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without forces, without restricting or limiting the generality of the foregoingforego- ing, the Union acknowledges and recognizes that it is exercise of such rights by the exclusive function and right of the Employer Company shall include but not be limited to:
(a) maintain Maintain order, discipline and efficiency;
(b) selectTo hire, hiredirect, discharge, classify, retire, transfer, assign, lay-off, recall, promote, increase or decrease work assignments recall and determine standards of work performance and work assignments;
(c) discharge, suspend, demote suspend or otherwise discipline nurses provided dis- cipline employees except that a claim by a nurse who has successfully completed her probationary period an employee that she he has been disciplineddischarged, suspended improperly classified, transferred, laid-off or discharged not recalled without just cause may be the subject of a grievance and dealt with as hereinafter provided;in accordance with the grievance procedure.
(dc) To make, enforce and alter revise from time to time, reasonable time rules and regulations relating to disci- xxxxx, safety and policies governing the general conduct of the nurses employees; provided that such rules and to be observed by the nurses which reg- ulations are not inconsistent with the provisions terms of this Agreement;
(e) generally to manage . A formal reprimand shall be done in the services in which the Employer is engaged or may become engaged and without in any way restricting the generality presence of the foregoing, Shop Xxxxxxx unless the employee requests otherwise. Any substantive revisions to rules and regu- lations will be discussed with the Union at a Labour Management Committee Meeting prior to the implementation. COLLECTIVE AGREEMENT • Article VI 7
d) To determine the types of services to be provided and the programs required to carry out those services, including the right to plan, direct and control services, facilities, programs, courses, procedures, methods, staffing, the content, evaluation and description of jobs, nurse’s qualifications for employment and promotion, location and classification number of personnel required from time to time, the standards of performance of employees, the schedules of work, including the schedules of overtime work assignments to be performed, schedules of xxxx- tions, the services to be performed and meth- ods, procedures, machinery and equipment in connection therewith, the engineering and designing of products, the control of materi- als and parts to be incorporated in the prod- ucts to be produced, and the scheduling thereofextension, supervision and control limi- tation, curtailment or cessation of programs; and
(f) to take all steps as may be deemed available by the Employer to carry out the Employer’s mandate to provide quality services to the community and clients and to obtain funding to provide such servicesoperations.
3.02 e) In the event the vacation shutdown is elimi- nated, the Company shall inform the Union no later than March 1st. In the case of no shut- down, vacations will be scheduled and approved by March 31st. Preference is to be based on the employees’ seniority.
6.02 The Employer Company agrees that such rights shall these functions will not be exercised in a manner consistent inconsistent with the provisions terms of this Agreement.
6.03 a) A verbal or written warning issued to an employee shall not be considered in a chain of progressive discipline after the employee has achieved a period of twelve (12) consecu- tive months free of discipline commencing from the date of the verbal or written warning.
Appears in 1 contract
Samples: Collective Agreement
