Common use of MANAGEMENT RIGHTS AND DISCIPLINE Clause in Contracts

MANAGEMENT RIGHTS AND DISCIPLINE. 1. The Union recognizes that the management of the business, including the right to direct the work force, to prescribe, effectuate and change service and work schedules consistent with and not contrary to any specific provisions contained in this Agreement, to plan and control District operations, to introduce new or improved facilities or operating methods, to relieve employees from duty because of lack of available work or for other legitimate reasons, to transfer them, to determine the minimum qualifications of experience, health and physical and mental fitness for any job covered by this Agreement, and to appraise the qualifications of any individual therefore, is vested exclusively in the District; subject however, to the grievance procedure hereinafter set forth as concerns by any employee to whom this Agreement is applicable and who may be relieved from duty or transferred or whose qualifications may be questioned. 2. The District shall have the right to require medical examinations from time-to-time to include DOT, fit for duty, pre-employment drug & alcohol testing exams, random drug testing, and reasonable suspicion by doctors selected by the District in order to maintain adequate and safe standards of service to the public, to adhere to all CDL/CDE rules and regulations and District policies, and to minimize employee accidents. Employees to whom this Agreement is applicable and who may be adversely affected in his/her position or earnings as a result of an adverse medical report by the District doctor, shall have the right to present as a grievance for action in accordance with the grievance procedure hereinafter set forth in Article I, Section O, with the exception of the employee’s inability to pass the DOT physical or a positive drug and/or alcohol test. Employees who are unable to pass the DOT physical or a drug & alcohol testing exam are unable to 3. The Union further recognizes that the power of discipline is vested exclusively in the District and it will not attempt to interfere with or limit the District in the discharge or discipline of its employees for just cause, subject however, to the right of any employee to whom this Agreement is applicable and who may be discharged or disciplined, to present as a grievance for action in accordance with the grievance procedure as set forth in Article I, Section O, the question whether he/she has been discharged or disciplined for just cause, but neither: a. The appointment, promotion, demotion, discharge or discipline by the District or any individual to or in any official, supervisory or other classification excluded from the collective bargaining unit of employees to which this Agreement is applicable, nor b. The retention in service, discharge or suspension by the District of a probationary or temporary employee as defined in Subsection c) below, shall present a grievance hereunder or be subject to the provisions of this Agreement, the District’s actions in relation to this matter shall be final, nor shall any other discipline be imposed upon a probationary or temporary employee presenting a grievance under this Agreement or be subject to the provisions in this Agreement unless it is claimed that the discipline thus imposed violates any other provision of this Agreement. c. For the purpose of this Agreement, a probationary employee is an employee who has not completed ninety (90) working days from date of qualification for drivers. A probationary employee may be terminated by the District for any reason that the District, in its judgment, deems sufficient.

MANAGEMENT RIGHTS AND DISCIPLINE. 1. The Union recognizes that the management of the business, including the right to direct the work force, to prescribe, effectuate and change service and work schedules consistent with and not contrary to any specific provisions contained in this Agreement, to plan and control District operations, to introduce new or improved facilities or operating methods, to relieve employees from duty because of lack of available work or for other legitimate reasons, to transfer them, to determine the minimum qualifications of experience, health and physical and mental fitness for any job covered by this Agreement, and to appraise the qualifications of any individual therefore, is vested exclusively in the District; subject however, to the grievance procedure hereinafter set forth as concerns by any employee to whom this Agreement is applicable and who may be relieved from duty or transferred or whose qualifications may be questioned. 2. The District shall have the right to require appropriate medical examinations from time-to-time to include DOT, fit for duty, pre-employment drug & alcohol testing exams, random drug testing, and reasonable suspicion by doctors selected by the District in order to maintain adequate and safe standards of service to the public, to adhere to all CDL/CDE rules and regulations and District policies, public and to minimize employee accidents. Employees , provided that any employee to whom this Agreement is applicable and who may be adversely affected in his/her position or earnings as a result of an adverse medical report by the District doctor, shall have the right to present as a grievance for action in accordance with the grievance procedure hereinafter set forth in Article I, Section O, with the exception question of the employee’s inability to pass the DOT his/her physical or a positive drug and/or alcohol test. Employees who are unable to pass the DOT physical or a drug & alcohol testing exam are unable tomental fitness. 3. The Union further recognizes that the power of discipline is vested exclusively in the District and it will not attempt to interfere with or limit the District in the discharge or discipline of its employees for just cause, subject however, to the right of any employee to whom this Agreement is applicable and who may be discharged or disciplined, to present as a grievance for action in accordance with the grievance procedure as set forth in Article I, Section O, the question whether he/she has been discharged or disciplined for just cause, but neither: a. The appointment, promotion, demotion, discharge or discipline by the District or any individual to or in any official, supervisory or other classification excluded from the collective bargaining unit of employees to which this Agreement is applicable, nor b. The retention in service, discharge or suspension by the District of a probationary or temporary employee as defined in Subsection c) below, shall present a grievance hereunder or be subject to the provisions of this Agreement, the District’s actions in relation to this matter shall be final, nor shall any other discipline be imposed upon a probationary or temporary employee presenting a grievance under this Agreement or be subject to the provisions in this Agreement unless it is claimed that the discipline thus imposed violates any other provision of this Agreement. c. For the purpose of this Agreement, a probationary employee is an employee who has not completed ninety (90) working days from date of qualification for drivers. A probationary employee may be terminated by the District for any reason that the District, in its judgment, deems sufficient.

MANAGEMENT RIGHTS AND DISCIPLINE. 1. The Union recognizes that the management of the business, including the right to direct the work force, to prescribe, effectuate and change service and work schedules consistent with and not contrary to any specific provisions contained in this Agreement, to plan and control District operations, to introduce new or improved facilities or operating methods, to relieve employees from duty because of lack of available work or for other legitimate reasons, to transfer them, to determine the minimum qualifications of experience, health and physical and mental fitness for any job covered by this Agreement, and to appraise the qualifications of any individual therefore, is vested exclusively in the District; subject however, to the grievance procedure hereinafter set forth as concerns by any employee to whom this Agreement is applicable and who may be relieved from duty or transferred or whose qualifications may be questioned. 2. The District shall have the right to require medical examinations from time-to-time to include DOT, fit for duty, pre-employment drug & alcohol testing exams, random drug testing, and reasonable suspicion by doctors selected by the District in order to maintain adequate and safe standards of service to the public, to adhere to all CDL/CDE rules and regulations and District policies, and to minimize employee accidents. Employees to whom this Agreement is applicable and who may be adversely affected in his/her position or earnings as a result of an adverse medical report by the District doctor, shall have the right to present as a grievance for action in accordance with the grievance procedure hereinafter set forth in Article I, Section O, with the exception of the employee’s inability to pass the DOT physical or a positive drug and/or alcohol test. Employees who are unable to pass the DOT physical or a drug & alcohol testing exam are unable toto drive for the District or hold a CDL per DOT rules and regulations. 3. The Union further recognizes that the power of discipline is vested exclusively in the District and it will not attempt to interfere with or limit the District in the discharge or discipline of its employees for just cause, subject however, to the right of any employee to whom this Agreement is applicable and who may be discharged or disciplined, to present as a grievance for action in accordance with the grievance procedure as set forth in Article I, Section O, the question whether he/she has been discharged or disciplined for just cause, but neither: a. The appointment, promotion, demotion, discharge or discipline by the District or any individual to or in any official, supervisory or other classification excluded from the collective bargaining unit of employees to which this Agreement is applicable, nor b. The retention in service, discharge or suspension by the District of a probationary or temporary employee as defined in Subsection c) below, shall present a grievance hereunder or be subject to the provisions of this Agreement, the District’s actions in relation to this matter shall be final, nor shall any other discipline be imposed upon a probationary or temporary employee presenting a grievance under this Agreement or be subject to the provisions in this Agreement unless it is claimed that the discipline thus imposed violates any other provision of this Agreement. c. For the purpose of this Agreement, a probationary employee is an employee who has not completed ninety (90) working days from date of qualification for drivers. A probationary employee may be terminated by the District for any reason that the District, in its judgment, deems sufficient.

MANAGEMENT RIGHTS AND DISCIPLINE. 1. The Union recognizes that the management of the business, including the right to direct the work force, to prescribe, effectuate and change service and work schedules consistent with and not contrary to any specific provisions contained in this Agreement, to plan and control District operations, to introduce new or improved facilities or operating methods, to relieve employees from duty because of lack of available work or for other legitimate reasons, to transfer them, to determine the minimum qualifications of experience, health and physical and mental fitness for any job covered by this Agreement, and to appraise the qualifications of any individual therefore, is vested exclusively in the District; subject however, to the grievance procedure hereinafter set forth as concerns by any employee to whom this Agreement is applicable and who may be relieved from duty or transferred or whose qualifications may be questioned. 2. The District shall have the right to require appropriate medical examinations from time-to-time to include DOT, fit for duty, pre-employment drug & alcohol testing exams, random drug testing, and reasonable suspicion by doctors selected by the District in order to maintain adequate and safe standards of service to the public, to adhere to all CDL/CDE rules guidelines and regulations and District district policies, and to minimize employee accidents. Employees , provided that any employee to whom this Agreement is applicable and who may be adversely affected in his/her position or earnings as a result of an adverse medical report by the District doctor, shall have the right to present as a grievance for action in accordance with the grievance procedure hereinafter set forth in Article I, Section O, with the exception question of the employee’s inability to pass the DOT his/her physical or a positive drug and/or alcohol test. Employees who are unable to pass the DOT physical or a drug & alcohol testing exam are unable tomental fitness. 3. The Union further recognizes that the power of discipline is vested exclusively in the District and it will not attempt to interfere with or limit the District in the discharge or discipline of its employees for just cause, subject however, to the right of any employee to whom this Agreement is applicable and who may be discharged or disciplined, to present as a grievance for action in accordance with the grievance procedure as set forth in Article I, Section O, the question whether he/she has been discharged or disciplined for just cause, but neither: a. The appointment, promotion, demotion, discharge or discipline by the District or any individual to or in any official, supervisory or other classification excluded from the collective bargaining unit of employees to which this Agreement is applicable, nor b. The retention in service, discharge or suspension by the District of a probationary or temporary employee as defined in Subsection c) below, shall present a grievance hereunder or be subject to the provisions of this Agreement, the District’s actions in relation to this matter shall be final, nor shall any other discipline be imposed upon a probationary or temporary employee presenting a grievance under this Agreement or be subject to the provisions in this Agreement unless it is claimed that the discipline thus imposed violates any other provision of this Agreement. c. For the purpose of this Agreement, a probationary employee is an employee who has not completed ninety (90) working days from date of qualification for drivers. A probationary employee may be terminated by the District for any reason that the District, in its judgment, deems sufficient.