MANAGEMENT RIGHTS AND PREROGATIVES Sample Clauses

MANAGEMENT RIGHTS AND PREROGATIVES. Section 7.1 The Employer expressly reserves and retains, to the maximum extent permitted by law, each and every right and prerogative that it has ever had and enjoyed at any time and in the absence of any collective bargaining relationship whatsoever, whether such rights and prerogatives have ever been exercised or not, and as if the collective bargaining relationship did not in fact exist, except to the limited extent that it has herein and by words of unmistakable meaning and clear import, agreed to expressed and explicit limitations upon those rights and privileges. Section 7.2 The reservation or retention of management rights or prerogatives, as done in Section 1 above, refers to the right to implement any decision coming within that reservation or retention, without prior bargaining over the impact or effects of such decision upon unit employees. Bargaining shall subsequently take place upon the request of either party. Section 7.3 While it is not possible to anticipate or detail in this agreement all of the rights and prerogatives that the Employer retains and reserves, the following list is illustrative. The Employer exclusively retains and reserves the rights to: exercise all rights normally exercised by employers and not expressly limited herein; select employees for hire; determine xxxxxxx requirements; schedule work; determine the duties required of employees; subcontract all or a part of its work or functions; transfer, lay off, recall, determine the nature and extent of services that are to be performed; regulate the use of equipment and facilities; make and enforce reasonable work rules; discontinue programs; and take such measures as management may consider to be reasonably necessary to the orderly, efficient and economical operation of the College except as may be in conflict with any provisions of this agreement or handbook which may be incorporated into this agreement by reference.
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MANAGEMENT RIGHTS AND PREROGATIVES. The City retains all of the rights and functions of management except to the extent that they are expressly and specifically modified or limited by specific written provisions of the Agreement. Some of the rights retained by the City include but are not limited to the rights, power and authority to manage the City's operations and to direct the work force, to hire and assign employees of its own selection and determine the number to be employed to maintain efficiency, to extend, maintain, curtail or terminate all or any part of the operations of the City, to determine the size and location of the City's facilities, to discontinue old methods or facilities, to establish and prepare job classifications, to assign and reassign the work to be performed by employees or classification of employees as the City deems necessary or expedient, to establish and change work assignments and scheduling, to transfer, promote, demote, terminate or otherwise relieve employees from duties, to establish, maintain and enforce rules for the maintenance of discipline, to discipline, suspend or discharge employees for just cause, to determine, establish, change and modify quality standards and judgment of workmanship required, to determine what work, if any, shall be performed by contractors, to determine the number and starting times of shifts, the hours of work and the number of hours and days in the work week for all employees, to establish operating, work and disciplinary rules and require employees to observe rules and regulations. The above rights of management are not all inclusive but indicate the type of matters in which rights shall belong to or are inherent to management.
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MANAGEMENT RIGHTS AND PREROGATIVES. All of the rights, functions and prerogatives of management are reserved and retained exclusively to the Company, except as provided in this Agreement. In no event shall any right, function or prerogative of management ever be deemed or construed to have been modified, diminished, or impaired by any past practice or course of conduct, otherwise than by an explicit provision of this Agreement. Specifically, but without in any manner limiting or affecting the generality of the foregoing, it is distinctly understood and agreed that the Company reserves to itself the right, in its sole discretion and judgment, to inter alia: determine the services to be rendered or carried on by the Company; determine whether and to what extent the work required in its business shall, other than xxxxxx or beauty services, be performed by employees covered by this Agreement; appoint working managers; determine the number of such managers which shall be required for the efficient operation of the business; determine the suppliers and customers with whom it will deal, and the prices at which and terms upon which its merchandise, equipment, and supplies will be purchased, leased or otherwise acquired and its services will be sold; determine the size and composition of the working force covered by this Agreement, the assignment of work, and policies affecting the selection of employees; establish and enforce quality and service standards for its services, establish new shops; discontinue existing shops; increase or decrease the size of the working force in a particular shop; introduce new and improved methods and facilities; change existing service methods and facilities; determine when and it vacancies in the working force shall be filled; and discontinue temporarily or permanently, in whole or in part, the operations and business covered or affected by this Agreement. The parties may agree from time to time to make and enforce new rules applicable to employees covered by this Agreement and to enforce, change, abolish or modify existing rules applicable to employees covered by this Agreement.
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MANAGEMENT RIGHTS AND PREROGATIVES. The Employer expressly reserves and retains all rights and prerogatives it enjoyed prior to the execution of this contract except as otherwise indicated in the Agreement.
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MANAGEMENT RIGHTS AND PREROGATIVES. It is understood that Broward County has the right to operate the department and divisions of Port Everglades and this agreement shall not be construed to limit in any way the right of Broward County to manage and operate its business. In order to fulfill this commitment and responsibility, the County shall have the right, subject to the terms and conditions of this agreement, to: 1. Hire, promote and evaluate employees. 2. Discipline, demote, suspend or discharge employees for just cause. 3. Determine unilaterally the purpose the Department and each division or operation. 4. Determine what reasonable work activities are performed. 5. Exercise control and discretion over the organization and operation of the Port Everglades Department. 6. Cause reductions in work force for legitimate reasons. 7. Set standards of service to be provided. 8. Formulate, change or modify rules, regulations and procedures provided it is not contrary to the provisions of this agreement.
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MANAGEMENT RIGHTS AND PREROGATIVES. Section 1. The Employer expressly reserves and retains, to the maximum extent permitted by law, each and every right and prerogative that it has ever had and enjoyed at any time and in the absence of any collective bargaining relationship whatsoever, whether such rights and prerogatives have ever been exercised or not, and as if the collective bargaining relationship did not in fact exist, except to the limited extent that it has herein and by words of unmistakable meaning and clear import, agreed to expressed and explicit limitations upon those rights and privileges. Section 2. Each of the parties waives any right to demand collective bargaining on any matter during the terms of this Agreement, although they reserve the right to meet and confer on a mutual consent basis and without assuming those obligations normally attendant upon legal collective bargaining, except with mutual consent. Section 3. The reservation or retention of management rights or prerogatives, as done in Section 1 above, refers to the right to implement any decision coming within that reservation or retention, without prior bargaining over the impact or effects of such decision upon unit employees. Bargaining shall subsequently take place upon the request of either party. Section 4. While it is not possible to anticipate or detail in this agreement all of the rights and prerogatives that the Employer retains and reserves, the following list is illustrative. The Employer exclusively retains and reserves the rights to: exercise all rights normally exercised by employers and not expressly limited herein; select employees for hire; determine xxxxxxx requirements; schedule work; determine the duties required by employees; subcontract all or a part of its work or functions; transfer, lay off, recall, determine the nature and extent of services that are to be performed; regulate the use of equipment and facilities; make and enforce reasonable work rules; discontinue programs; and take such measures as management may consider to be reasonably necessary to the orderly, efficient and economical operation of the College.
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MANAGEMENT RIGHTS AND PREROGATIVES. Management Rights 1057 The Employer expressly reserves and retains, to the maximum extent permitted by law, each and every 1058 right and prerogative that it has ever had and enjoyed at any time and in the absence of any collective 1059 bargaining relationship whatsoever, whether such rights and prerogatives have ever been exercised or 1060 not, and as if the collective bargaining relationship did not in fact exist, except to the limited extent that 1061 it has herein and by words of unmistakable meaning and clear import, agreed to expressed and explicit 1062 limitations upon those rights and privileges. UFF reserves the right to bargain or grieve any item that 1063 influences any mandatory bargaining subjects. Bargaining shall subsequently take place upon the
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MANAGEMENT RIGHTS AND PREROGATIVES 
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Related to MANAGEMENT RIGHTS AND PREROGATIVES

  • 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.

  • ARTICLE MANAGEMENT RIGHTS The Union recognizes and acknowledges that it is the exclusive function of the Employer, subject to the express provisions of this Agreement to:

  • MANAGEMENT RIGHTS AND RESPONSIBILITIES The Employer through its designated management personnel or agents has the right and responsibility, except as expressly modified by this Agreement, to control, change, and supervise all operations and to direct and assign work to all working forces. Such rights and responsibilities shall include by way of illustration but shall not be limited to: the selection and hiring, training, discipline and discharge, classification, reclassification, layoff, promotion and demotion or transfer of employees; the establishment of work schedules; the allocation of all financial and other resources; the control and regulation of the use of all equipment and other property of the Employer. The Employer shall determine the methods, technological means and qualifications of personnel by and for which operations are to be carried out. The Employer shall take whatever action as may be necessary to carry out its rights in any emergency situation. Application of this Article shall not preclude the use of the grievance procedure as established in this Agreement.

  • RESERVATION OF MANAGEMENT RIGHTS Management of Company and the direction of the working forces are vested solely and exclusively in the Company, and shall not be abridged except by specific restrictions as set forth in this Agreement. The Management Rights, as set out herein, shall not be deemed to exclude the other rights of Management at common law.

  • Development Rights The Employee agrees and declares that all proprietary information including but not limited to trade secrets, know-how, patents and other rights in connection therewith developed by or with the contribution of Employee's efforts during his employment with the Company shall be the sole property of the Company. Upon the Company's request (whenever made), Employee shall execute and assign to the Company all the rights in the proprietary information.

  • Client Rights The Employer and the Union are committed to quality care of clients. It is the right of clients, in the privacy of their home, to choose the employee with whom they feel the most comfortable. The Employer support client rights. If a client wishes to change employees, for any reason, the Employer will respect the right of the client to do so. If a client chooses to change employees, the employee who is being unscheduled shall be eligible for another client(s) or equivalent hours as available. The Employer will make a good faith effort to provide support for a successful employee/client relationship(s). At the discretion of the parties, the Employer and the Union may explore through the Labor Management Committee methods of coaching, counseling or mediation to assist in the resolution of client/worker conflicts to help ensure consistent service delivery with minimal worker reassignment.

  • ASSOCIATION RIGHTS AND PRIVILEGES A. There will be no reprisals of any kind taken against any teacher solely by reason of his/her membership in the Association or for participation in any of its lawful activities. B. The Association will be provided with copies of minutes of public session official Board meetings. The Board will be provided copies of minutes of public session meetings of the Association. C. The Association may request and shall be given a place on the agenda of all regular Board meetings for brief reports and announcements. D. The Superintendent shall be available upon reasonable request to meet with representatives of the Association. E. The principal of each school shall be available upon reasonable request of Association representatives to discuss questions relating to the implementation of this Agreement in his/her school. F. The Association will be provided with the names and addresses of all new teachers and all retiring teachers as soon as such information is available. G. The Association will have the right to have placed in the Superintendent’s packet for all new teachers a letter prepared by the Association which informs said teachers that the Association is recognized as the exclusive negotiating representative for all teachers in the Xxxxxx County Public School System. H. The Association shall be given a place on the agenda of the orientation program for new teachers to explain the function and benefits of membership. I. In order for the Association to properly fulfill this Agreement for the benefit of all teachers and the welfare of the school system, the Association representative may visit schools and talk with teachers, provided that the exercise of this right will not interfere with the educational program. The Association representative will check in at the front office of the school upon his/her arrival. J. The Association shall continue to use school buildings without cost at reasonable times for meetings provided the use of the building shall not result in any additional cost to the Board. The principal of the building in question will be notified in advance of the time and place of all such meetings. K. The Association representative will have the right to schedule meetings of the teachers before or after school work days or at any other times which do not disrupt the normal school program. L. There will be bulletin board space of appropriate size reserved for the Association, in an appropriate place in each school building, for the purpose of displaying notices, circulars, and such material. Copies of all such material will be given to the building principal, but his/her advance approval will not be required. M. The Association will have the right to place Association notices, circulars, and other materials in all teachers’ mailboxes. Copies of all such material will be given to the building principal and Superintendent, but his/her advance approval will not be required. The Association will also have the right to use the interschool mail to distribute prepackaged and labeled material, and its office shall be a designated stop on the interschool mail distribution route for delivery of interschool mail, so long as the Association office is on a regular route. N. No teacher will be prevented from wearing pins or other identification of membership in the Association. O. Teachers shall be allowed to attend professional meetings with the approval of the Superintendent. P. The rights and/or privileges granted to the Association in this section will not be granted to any other teachers’ group or organization during the term of this Agreement. Q. Officers and members of the Association recognize that school equipment, time, and materials are intended primarily for the use of pupils. R. Unless a teacher requests that his/her address and phone number not be distributed, the Association faculty representative shall be provided with a faculty list, including home addresses and telephone numbers, by September 15. S. Association officers and/or representatives shall be permitted to draw upon a total of fifty

  • Rights and Restrictions The Restricted Share Units shall not be transferable, other than pursuant to will or the laws of descent and distribution. Prior to vesting of the Restricted Share Units and delivery of the Shares to the Employee following his termination of employment, the Employee shall not have any rights or privileges of a shareholder as to the Shares subject to the Award. Specifically, the Employee shall not have the right to receive dividends or the right to vote such Shares prior to vesting of the Award and delivery of the Shares.

  • UNION RIGHTS AND RESPONSIBILITIES A. A written list of unit officers, committeemen and stewards shall be furnished to the Board within fifteen (15) days after signing of this Agreement. Any changes in such membership shall be transmitted in writing to the Board within fifteen (15) days of such change. B. Recognizing that the safety and well-being of students are a paramount responsibility of the school bus drivers, employees shall be expected to exercise reasonable care with respect to the safety of pupils and property and shall discharge their duties and responsibilities to said students and property according to Michigan school laws and Board and administrative policies and directives. Such policies and directives shall not conflict with the provisions of this Agreement or any law of the State of Michigan nor the United States. C. The Union shall have the right to use school facilities for meetings providing it has secured the approval of the Board one (1) week in advance. The Union agrees that any additional or unusual expense incurred as a result of such use shall be reimbursed to the Board by the Union. D. A bulletin board no smaller than 2' by 3' shall be provided in the bus garage driver lounge area, upon which the Union may post announcements, notices of meetings, results of Union elections and notices pertaining to nominations and elections. The bulletin board shall not be used for political purposes or for purposes other than the above. E. Duly authorized representatives of the Union, international, local or unit, shall be permitted to transact official Union business on school property provided that they do not interfere with or interrupt work activities or normal school operation. The Union agrees to advise the Board of such meetings, discussions or other activities that it may wish to transact pertinent to the employees and shall transact such business on the employees' own time and in private. F. It is the responsibility of the Union to honor Board policies and administrative regulations. Neither the Union, its representatives nor any member shall direct employees to disregard the instructions or directions of administrators or supervisors so long as such policies, directions, instructions, or regulations do not conflict with the terms of this Agreement or any law of the State of Michigan or the United States. The Union further agrees that in the event of a grievance which is to be processed under the provisions of Article VI herein there shall be no stoppage of work because of such grievance. The Board will make available copies of Board policies and administrative regulations to the Union. G. The Union and the Board mutually agree to provide each other with any information which shall be deemed appropriate in the processing of any grievance under the provisions of Article VI herein. H. It shall be the responsibility of the individual employee to meet the conditions of employment for bus drivers as required by the State of Michigan Department of Education, and the Board. The Board assumes no financial or other responsibility for any of these requirements except as herein provided. I. Each driver is responsible for keeping the Board advised in writing of any change in name or change in address. The driver is solely responsible for any errors or omissions occasioned by his or her neglect in keeping the Board so advised, and any communication addressed to an employee at his or her last address on record with the employer shall constitute notice to the employee of the contents of such communication. J. Employees are expected to take advantage of opportunities for continually improving their skills and relationship with their co-workers and with the public. K. Drivers are expected to maintain routes, time schedules, and other work assignments as established by the Board. L. The Board recognizes and will deal with elected or appointed committeemen, members of the unit, or any representative of the international or local Union in all matters relating to grievances, interpretations of the Agreement, or in other matters which affect, or may affect the relationship between the Board and the Union. M. The Union Bargaining Committee shall be composed of a Local Union Representative, the Unit President, Vice President, Secretary-Treasurer and one Xxxxxxx.

  • MANAGEMENT RIGHTS CLAUSE Except as otherwise provided in this Agreement, the Federation agrees that the Board and its designees shall retain control and direction over all matters of inherent managerial policy. Such matters shall include, but are not limited to: A. The executive management and administrative control of the school system, and its functions and programs, including the development of budgets and actions as may be necessary to meet emergency situations; B. Hire all employees and determine their qualifications and the conditions of their continued employment, their training, and any discipline, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts and hours and days of work and starting times and the scheduling of all employees; D. Determine the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria; E. Establish the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue operations and determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or institution of new methods or processes; G. Adopt rules and regulations; H. Determine the location or relocation of facilities, including the establishment or relocations of schools, buildings, departments, divisions, or subdivisions and the relocation or closing of offices, departments, schools, programs, divisions or subdivision, buildings or other facilities; I. Determine the placement of operations, production, services, maintenance or distribution of work and the source of materials and supplies; J. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations; K. Determine the size of the management organization, its functions, authority, and amount of supervision, and table of organization; and L. Select and utilize technology. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific written terms of this Agreement and are subject to the duty to bargain under ORS 243.650 et. seq. Whenever practicable, the District shall inform the Federation of any significant actions affecting employees covered by this Agreement.

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