MANAGEMENT RIGHTS 4 Clause Samples
The "Management Rights 4" clause defines the rights reserved by a company’s management or board to oversee and control certain aspects of the business, even when investors or other stakeholders have interests in the company. Typically, this clause allows management to make decisions regarding operations, strategy, or financial matters without requiring prior approval from shareholders or outside parties. For example, management may retain the authority to hire executives, approve budgets, or enter into contracts. The core function of this clause is to ensure that the company’s leadership maintains sufficient autonomy to run the business effectively and efficiently, preventing operational gridlock or undue interference from investors.
MANAGEMENT RIGHTS 4. Section 6.1 – General Work Rules 4 Section 6.2 – Management Rights 4 Section 6.3 – Reserved Rights 5
MANAGEMENT RIGHTS 4. 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 Union as being retained by the Employer.
MANAGEMENT RIGHTS 4. 01
(a) maintain order, discipline and efficiency;
(b) hire, promote, demote, classify, transfer, retire, rehire, lay off, recall, discipline, suspend or discharge any employee for just cause, provided that only a claim by an employee of discharge, suspension or discipline without just cause may be the subject of grievance and dealt with as hereinafter provided.
(c) deploy the working forces of the Employer or its equipment and properties.
MANAGEMENT RIGHTS 4. Right to Manage 4 Section 6.2 Right to Establish Work Rules 5
MANAGEMENT RIGHTS 4. Section 6.1 - Management Rights 4 Section 6.3 – Union Recognition 5
MANAGEMENT RIGHTS 4. 01
(a) The Union agrees that the management, operation, and the direction of the work force including, hiring, firing, promotion, demotion, classification, reclassification, evaluation and scheduling of employees, is vested solely with the Employer unless the Agreement otherwise specifies. All rights and functions of the Employer shall be retained unless modified by the Collective Agreement.
(b) All rights and functions of the Employer including the right to maintain and improve order and efficiency except as this agreement otherwise specifies.
(c) It is agreed that all employees shall be governed by all rules as adopted by the Employer and published to employees on bulletin or notice boards, or by general distribution, provided such rules are not in conflict with this Agreement.
MANAGEMENT RIGHTS 4. Employee Rights 6
MANAGEMENT RIGHTS 4. 01
a) to direct the operations of the Employer in the best interests of the people supported, the community and the employees both within, and outside, the Bargaining Unit;
b) to formulate policies and procedures, which are not inconsistent with the provisions of this Agreement. Such policies and procedures and any amendments shall be made available to all employees of the organization and shall be accessible to all work areas. Any amendments to such policies and procedures shall be circulated for the information of all employees and shall be signed as read by all employees and then included in the Policies and Procedures Manual at each work site. The Employer agrees to provide the local Union with a copy of any new policies and procedures or amendments to any policies and procedures prior to circulation for the Union’s copy of the Policy and Procedures Manual.
c) to introduce new practices and/or methods to expand, reduce, eliminate, change or modify present methods and practices and to enter into contracts for buildings, repairs, equipment, supplies and materials;
d) to determine where, by whom, in what manner, at what time, under what conditions employees in the Bargaining Unit shall perform their duties;
e) to determine in the interests of efficient operation and highest standard of service the job rating and classification, the hours of work assignments and methods of doing work, the number of personnel required, provided always that reasonable notice shall be given to the employee or employees involved of any change to be made;
f) to maintain order and discipline, to hire, assign, retire, classify, promote, transfer, demote, suspend or discharge or otherwise discipline employees, provided that a claim by an employee, who has completed the probationary period, that he/she has been discharged without just cause may be the subject of a grievance as hereinafter provided;
g) to instruct and direct employees in their duties, responsibilities, conduct and attitudes towards people supported, family members, visitors, managers, external partners and professionals, and other organization employees both within and outside the Bargaining Unit;
h) to control the use of buildings, equipment, utensils, machinery, tools, materials, instruments, drugs, medicines, and all other articles or things belonging to the Employer or items belonging to people supported at the discretion of the person.
MANAGEMENT RIGHTS 4. Permanent Full-Time Employees 5 Permanent Part-Time Employees 5 Probationary Employees 5 ARTICLE 3 MAINTENANCE OF WORK OPERATIONS 7 ARTICLE 5 NON-DISCRIMINATION 9
MANAGEMENT RIGHTS 4. 01
a) The right to maintain order, discipline and efficiency, and in connection therewith to make, alter and enforce from time to time, rules and regulations, policies and practices, to be observed by its employees; the right to discipline and discharge employees for just cause provided that a claim of discharge without just cause may be subject matter of a grievance and dealt with as hereinafter provided.
b) The right: to select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall, suspend, and retire employees; to select employees for positions excluded from the bargaining unit.
c) The right to determine: the location of its operations and their commencements, curtailment, or discontinuance; the direction of the working forces; the services to be furnished; the subcontracting of work; the schedules of work; the number of shifts; the methods, process and means of performing work; job content and qualifications; quality and quantity standards; the qualifications of employees; to use improved methods, machinery and equipment; overtime; to decide on the number of employees needed by the Board at any time; the number of hours to be worked; starting and quitting time are solely end exclusively the rights of the Board.
d) The sole and exclusive jurisdiction over all operations, buildings, machinery, tools and equipment shall be vested in the Board.
