MANAGEMENT RIGHTS Clause Samples

MANAGEMENT RIGHTS. 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility. (b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. (c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. (d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole. 3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.

MANAGEMENT RIGHTS. 36.1 Except as modified by this Agreement, the Employer retains all rights of management, which, in addition to all powers, duties and rights established by constitutional provision or statute, will include but not be limited to, the right to: A. Determine the Employer’s functions, programs, organizational structure and use of technology; B. Determine the Employer’s budget and size of the institution of higher education’s workforce and the financial basis for layoffs; C. Direct and supervise employees; D. Take all necessary actions to carry out the mission of the State and its institutions during emergencies; E. Determine the Employer’s mission and strategic plans; F. Develop, enforce, modify or terminate any policy, procedure, manual or work method associated with the operations of the Employer; G. Determine or consolidate the location of operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations; H. Establish or modify the workweek, daily work shift, hours of work and days off; I. Establish work performance standards, which include, but are not limited to the priority, quality and quantity of work; J. Establish, allocate, reallocate or abolish positions and determine the skills and abilities necessary to perform the duties of such positions; K. Select, hire, assign, reassign, evaluate, retain, promote, demote, transfer and temporarily or permanently lay off employees; L. Determine, prioritize and assign work to be performed; M. Determine the need for and the method of scheduling, assigning, authorizing and approving overtime; N. Determine training needs, methods of training, and employees to be trained; O. Determine the reasons for and methods by which employees will be laid off; and P. Suspend, demote, reduce pay, discharge and/or take other disciplinary actions. 36.2 The Employer has the right to exercise all of the above rights and the lawful rights, prerogatives and functions of management. The Employer’s non-exercise of any right, prerogative or function will not be deemed a waiver of such right or establishment of a practice.

MANAGEMENT RIGHTS. 3.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its Management and may be exercised by Management as it, in its discretion, sees fit. Without limiting the generality of the foregoing, the Employer's rights shall include: (a) the right: to maintain order and efficiency; to make, alter and enforce, from time to time, reasonable rules and regulations, policies and practices to be observed by its employees; (b) discipline and discharge employees that have completed the probationary period for just cause; and discharge employees that have not completed the probationary period for any reason the Employer considers appropriate; (c) the right: to select, hire and control the working force and employees; to transfer, assign, promote, demote, schedule and classify employees; to plan, direct and control its operations; to select and retain employees for positions excluded from the bargaining unit; to operate and manage the enterprise in all respects in order to satisfy its commitments and objectives; (d) the right to determine: the location and extent of its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; whether to perform or contract for goods and services; the schedules of work; the methods, processes and means of performing work; job content and requirements; the qualifications of employees, which shall consider the employee’s regulatory body; the use of improved or changed methods; the number of employees needed by the Employer at any time and how many shall work in any job; the number of hours to be worked; starting and quitting time; methods to be used to ensure security of the Employer’s property. And generally the right to manage the enterprise without interference are solely and exclusively the right of the Employer. Failure by the Employer to exercise any of its Management Rights or other rights shall not be considered to be an abandonment of those rights. 3.02 These rights shall not be exercised in a manner inconsistent with the provisions of this Collective Agreement.

MANAGEMENT RIGHTS. The Union recognizes that it is the right of the Employer to exercise the regular and customary function of management and to direct the working forces, subject to the terms of this Agreement. The question of whether any of these rights is limited by this Agreement shall be decided through the grievance and arbitration procedure.

MANAGEMENT RIGHTS. 4.01 The Union recognizes that the management of McMaster University is fixed exclusively in the Employer subject to the provisions of this Collective Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency; (b) hire, appoint, re-appoint, extend or not extend an appointment, assign, transfer, lay-off, recall, direct, discharge and suspend or otherwise discipline employees, provided that a claim of discipline without just cause may be the subject of a grievance, to be dealt with as hereinafter provided; (c) plan, direct and control operations; determine job requirements, work assignments, methods, schedules, procedures and standards; (d) determine the size, composition and deployment of the workforce; (e) put into effect, enforce and alter reasonable policies, rules and regulations governing the conduct of the Employer and the employees. 4.02 The Employer agrees that it will not exercise its rights as set out in this Article in a manner inconsistent with the provisions of this Collective Agreement and confirms its commitment to administer this Collective Agreement reasonably such that its decisions must not be arbitrary, discriminatory or made in bad faith. The Union agrees that the fact of the Employer exercising its rights under this Article shall not constitute harassment. 4.03 Nothing in this Collective Agreement shall permit or require an employment supervisor or employee to take any action or to refrain from taking any action that is contrary to the rules and or guidelines promulgated by the granting agency or institution with whose funds the employment supervisor funds the employee’s salary. 4.04 The Employer will comply with the requirements of the Employment Standards Act, 2000, S.O. 2000, c.41. 4.05 The Employer further agrees that it will exercise its rights as set out in this Article in a manner that is reasonable.

MANAGEMENT RIGHTS. 5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

MANAGEMENT RIGHTS. The Employer has the right to manage its operations, unless expressly limited in this Agreement. The Association recognizes that the Employer has the obligation of serving the public with the highest quality of medical care, efficiently and economically, and/or meeting medical emergencies. The Association further recognizes the right of the Employer to operate and manage the hospital including but not limited to the right to require standards of performance, quality and productivity and to maintain order and efficiency; to direct nurses and to determine job assignments and working schedules, breaks and shifts; to determine the materials and equipment to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine the kind and location of facilities; to determine whether the whole or any part of the operation or job classifications shall continue to operate; to subcontract; to establish new or different operations within or external to existing facilities to determine educational standards and qualification requirements; to select and hire nurses; to promote and transfer nurses; to require applicant or employee medical/psychological testing, including drug and alcohol testing (unless inconsistent with specific agreements negotiated with the Association); to discipline, demote or discharge nurses for just cause; to discharge probationary employees for any reason; to lay off nurses for lack of work; to recall nurses; to require reasonable overtime work of nurses; and to promulgate rules, regulations and personnel policies, provided that such rights shall not be exercised so as to violate any of the specific provisions of this Agreement. The parties recognize that the above statement of management responsibilities should not be construed as restrictive or interpreted so as to exclude those prerogatives not mentioned which are inherent to the management function. The terms and conditions of employment set forth in the Employer’s Employee handbook (as amended from time to time) shall be made available to employees electronically and the Employer’s general Human Resources Policies and Procedures shall govern the employment of employees covered by this Agreement to the extent that such terms are not inconsistent with this Agreement (in which case the Agreement shall govern in the event of any conflict). Notwithstanding any provision of the Handbook to the contrary, the Employer shall notify the Union 15 busine...

MANAGEMENT RIGHTS. 4.01 The Union recognizes and acknowledges that the management of the operations and the direction of the work force are fixed exclusively in the Company and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Company to: (a) maintain order and discipline and efficiency and in connection therewith; to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees; discipline or discharge employees for just cause, provided that a claim by an employee who has acquired seniority that they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, assign to shifts, promote, demote, classify, lay off, or recall employees and select employees for positions excluded from the bargaining unit; (c) establish and administer tests for the purpose of assisting the Company in determining an employee's qualifications; (d) operate and manage the business in all respects in accordance with the Company's commitments, obligations and responsibilities including the right to determine the nature and kind of business conducted by the Company, determine the number and location of the Company's establishments, the extension, limitation, curtailment or cessation of operations or any part thereof, direction of the work force, schedules of operations, number of shifts, products and services to be rendered, methods, tools, processes and means of warehousing and distribution methods, techniques and work procedures, quality and quantity standards, kinds and locations of equipment, machinery and vehicles to be used at any time, selection and use of materials required by the Company; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; decide the number and type of employee needed by the Company at any time, number of hours to be worked; starting and quitting times, when overtime shall be worked; determine financial policies, including general accounting procedures and customer relations. 4.02 The foregoing enumeration of management's rights shall not be deemed to exclude other functions not specifically set forth, the Company, therefore retaining all rights not otherwise specifically and expressly covered in this Agreement. 4.03 The Company agrees ...

MANAGEMENT RIGHTS. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated or modified by the express terms and provisions of this Agreement are retained by the Employer.