MANAGEMENT RIGHTS AND SECURITY. MANAGEMENT RIGHTS -25 Except as provided in this Agreement, nothing contained in this Agreement shall be deemed to limit the Employer in any way in the exercise of the regular and customary functions of management. Such regular and customary functions include, but are not limited to, the right to hire, promote, transfer, and layoff because of lack of funds, lack of work and/or other cau se; discipline, suspend and discharge for just cause; decide the work to be performed, the number and location of employees and units; determine the methods, schedules and means of conducting activities; and promulgate policies, procedures, rules and regul ations for the orderly and efficient operation of the University. MANAGEMENT SECURITY -26 The parties of this Agreement mutually recognize that the services performed by employees covered by this Agreement are services essential to the efficient operation of the University. The Association, therefore, agrees that there shall be no interruption of these services, for any cause whatsoever.
MANAGEMENT RIGHTS AND SECURITY. MANAGEMENT RIGHTS
MANAGEMENT RIGHTS AND SECURITY.
4.1 In accordance with this Agreement and Chapter 447, F.S., the Union and its officers, agents, and members agree that they shall have no right to instigate, promote, sponsor, engage in, or condone any strike, slow-down, concerted stoppage of work, intentional interruption of Employer operations, or similar activities during the term of this Agreement, for any reason. Management has the right to discharge or otherwise discipline any employee(s) who violate this provision. Only the factual question of whether the employee(s) to be discharged or disciplined violated the provision prohibiting strikes, slow-downs, concerted stoppages of work, intentional interruptions of Employer’s operations, or similar activities may be raised in any proceeding (grievance, judicial or other) that contests the Employer’s action.
4.2 The Union, its representatives, agents, members, and any persons acting on their behalf, agree that the following "other unlawful acts" as defined in Chapter 447, F.S., are expressly prohibited:
A. Soliciting public employees during the working hours of any employee who is involved in the solicitation.
B. Distributing union literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, police stations, fire stations, and any similar public installation. This Article shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or in areas not specifically devoted to the performance of any employee’s official duties.
4.3 A. No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this article.
B. Notwithstanding other provisions of this Agreement, an employee who is found to have violated any provision of this Article may be discharged or otherwise disciplined by the Employer.
MANAGEMENT RIGHTS AND SECURITY. Chapter 447, F.S. bestows certain rights on all parties to the collective bargaining process. This Article reaffirms certain of those rights that are granted to the Employer.
4.1 In accordance with this Agreement and Chapter 447, F.S., the Union and its officers, agents, and members agree that they shall have no right to instigate, promote, sponsor, engage in, or condone any strike, slow-down, concerted stoppage of work, intentional interruption of Employer operations, or similar activities during the term of this Agreement, for any reason. Management has the right to discharge or otherwise discipline any employee(s) who violate this provision. Only the factual question of whether the employee(s) to be discharged or disciplined violated the provision prohibiting strikes, slow-downs, concerted stoppages of work, intentional interruptions of Employer’s operations, or similar activities may be raised in any proceeding (grievance, judicial or other) that contests the Employer’s action.
4.2 The Union, its representatives, agents, members, and any persons acting on their behalf, agree that the following "other unlawful acts" as defined in Chapter 447, F.S., are expressly prohibited:
A. Soliciting public employees during the working hours of any employee who is involved in the solicitation.
B. Distributing union literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, police stations, fire stations, and any similar public installation. This Article shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or in areas not specifically devoted to the performance of any employee’s official duties.
4.3 A. No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this article.
MANAGEMENT RIGHTS AND SECURITY. MANAGEMENT RIGHTS
A. hire, promote, transfer, assign and layoff because of lack of funds, lack of work and/or other cause; discipline, suspend, DEMOTE and discharge for just cause;
B. decide the work to be performed, the number and location of Employees and units;
C. determine the methods, schedules and means of conducting activities; and promulgate policies, procedures, rules and regulations for the orderly and efficient operation of the University;
D. control of its properties and the maintenance of order and efficiency of the workforce;
E. to determine the type, kind, and schedule of services to be rendered and the work to be performed by Employees covered by this Agreement;
F. to make all financial decisions, including decisions concerning all accounting, bookkeeping, and other record keeping methods and procedures;
G. to determine the number, location, or relocation of facilities, buildings, and rooms;
H. to determine its organizational and business structure;
I. to purchase services from others;
J. to determine the necessity for work by Employees; and
K. to determine the amount and type of supervision. The Employer and the Union expressly agree that, except as abridged by this Agreement, all powers, rights, and authority of the Employer are reserved by the Employer, and that the Employer retains sole and exclusive control over any and all matters concerning the operation, management, and administration of the University. The Employer may require Employees to have a fitness-for-duty examination as directed by the University Physician. The Employer, for cause, may direct an Employee to go on leave but not for disciplinary action. -27 The parties of this Agreement mutually recognize that the services performed by Employees covered by this Agreement are services essential to the efficient operation of the University. The Association, therefore, agrees that there shall be no interruption of these services, for any cause whatsoever.
MANAGEMENT RIGHTS AND SECURITY. (A) The Union recognizes that it is the function of the Employer to manage and direct its operations to establish and enforce reasonable rules, regulations and policies and to direct the working forces of the Employer subject to the terms of this agreement. It is agreed that all new rules and regulations will be discussed with the Union prior to implementation. Nothing in this agreement shall be deemed to restrict or interfere with the right of the Employer to discharge any employee forthwith for just cause.
(B) The Employer may impose the specific penalty of discharge for any of the following offences:
(i) Theft from the Employer; save and except theft of goods having nominal value.
(ii) Consuming an intoxicating beverage, or drug for other than medicinal purpose while on duty.
(iii) Being impaired while on duty by reason of consumption of an intoxicating beverage, or drug for other than medicinal purposes.
(iv) Being in possession of an intoxicating beverage, or drug for other than medicinal purposes.
3.02 Management reserves the right to terminate any probationary employees at any time during the probationary period provided it’s for just cause. Probationary employees shall be permitted access to the grievance procedure, up to and including STEP THREE.
3.03 Where any provisions of this agreement conflicts with the provisions of any public statute or regulation of the Municipality or Province, the provisions of the public statute or regulations shall prevail.
3.04 Nothing in this agreement shall be interpreted to require the Employer to do or refrain from doing anything contrary to the safety of the general public.
3.05 Management shall continue to maintain an open door policy for employees. The Union agrees that it shall not exercise any restrictions or obstruct any employee who wishes to discuss problems of a personal nature. The Employer shall not bargain with or enter into an agreement with an employee or group of employees in the bargaining unit which conflicts with the terms of this agreement. No employee or group of employees in the bargaining unit shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. In representing an employee or group of employees of the bargaining unit, an elected or appointed representative of the Union shall be spokesperson. In order that this may be carried out, the Union will supply the Employer with the names of its officers or appointed representatives. Likewi...
