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.
MANAGEMENT RIGHTS CLAUSE. SECTION 1. The Employer retains full and exclusive authority for the management of its operation subject to the provisions of this Agreement. The Employer shall direct his working forces at his sole prerogative including, but not limited to, hiring, promotion, transfer, layoff or discharge for just cause as traditionally practiced within the Construction Industry. The Employer shall utilize the most efficient methods or techniques of construction, tools or labor saving devices. There shall be no limitations upon the choice of materials or design except those imposed by safety and health considerations.
SECTION 2. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth.
SECTION 3. It shall not be a violation of this Agreement when the Employer considers it necessary to shut down to avoid possible loss of human life because of an emergency situation that could endanger the life and safety of an employee. In such cases, employees will be compensated only for actual time worked. In the case of a situation described above whereby the Employer requests the employees to stand by, the employees will be compensated for the “standby time.”
MANAGEMENT RIGHTS CLAUSE. The Union expressly recognizes that the Company has the exclusive responsibility for and authority over (whether or not the same was exercised heretofore) the management, operation and maintenance of its facilities and, in furtherance thereof, has, subject to the terms of this Agreement, the right to determine policy affecting the selection, hiring, and training of employees; to direct the work force and to schedule work; to institute and enforce reasonable rules of conduct; to assure discipline and efficient operations; to determine what work is to be done, what is to be produced and by what means; to determine the quality and quantity of workmanship; to determine the size and composition of the work force; to determine the allocation and assignment of work to employees; to determine the location of the business, including the establishment of new locations or departments, divisions, or subdivisions thereof; to arrange for work to be done by other companies or other divisions of the Company; to alter, combine, or eliminate any job, operation, service, or department; to sell, merge or discontinue the business or any phase thereof; provided, however, in the exercise of these prerogatives, none of the specific provisions of the Agreement shall be abridged. The Company will not use the vehicle of subcontracting for the sole purpose of laying off employees or reducing the number of hours available to them.
MANAGEMENT RIGHTS CLAUSE. SECTION 1. The Employer retains full and exclusive authority for the management of its operation unless otherwise limited by this bargaining Agreement. The Employer shall direct his working forces at his sole prerogative including, but not limited to hiring, promotion, transfer, layoff or discharge for just cause as traditionally practiced within the construction industry. The Employer shall utilize the most efficient methods or techniques of construction, tools or labor-saving devices. There shall be no limitations upon the choice of materials or design except those imposed by safety and health considerations.
SECTION 2. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth. The Employer retains all legal rights not specifically covered by this Agreement.
SECTION 3. It shall not be a violation of this Agreement when an Employer considers it necessary to shut down a job to avoid the possible loss of human life, because of an emergency situation beyond the Employer’s control that could endanger the life and safety of an employee. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Employer requests the employees to stand by, the employees will be compensated for the “stand by” time.
MANAGEMENT RIGHTS CLAUSE. The Association recognizes that the Board of Education has responsibility and authority to manage and direct, on behalf of the public, the operation and activities of the school district to the full extent authorized by the laws of the state of Kansas and the United States, and in conformance with the provisions of this negotiated agreement.
MANAGEMENT RIGHTS CLAUSE. The agreement set forth herein is the entire agreement between the parties, and the Board and the administration shall have unfettered discretion over all matters except as expressly limited herein.
MANAGEMENT RIGHTS CLAUSE. SECTION 1. The Employer retains full and exclusive authority for the management of its operation subject to the provisions of this Agreement. The Employer shall direct their working forces at their sole prerogative including, but not limited to hiring, promotion, transfer, layoff or discharge for just cause as traditionally practiced within the Construction Industry. The Employer shall utilize the most efficient methods or techniques of construction, tools or labor saving devices. There shall be no limitations upon the choice of materials or design except those imposed by safety and health considerations.
SECTION 2. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth.
SECTION 3. It shall not be a violation of this Agreement when the Employer considers it necessary to shut down to avoid possible loss of human life because of an emergency situation that could endanger the life and safety of an employee. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Employer requests the employees to stand by, the employees will be compensated for the "standby time." If such a condition continues, the Employer agrees to give timely notice to members of the next shift scheduled to report for duty. In the event timely notice is not given, employees who report for work at their regular reporting time and are not put to work shall be paid "show up pay". This article shall be subject to the grievance procedure set forth in Article 11.
MANAGEMENT RIGHTS CLAUSE. Nothing in this Agreement shall be interpreted as a waiver by the District of its rights and responsibilities to create and maintain schools that serve its constituency. In that regard, the general intent of this Agreement is to establish terms and conditions of employment with the Union. Accordingly, the District, on its own behalf and that of the electors in the District, retains and reserves the following rights and duties:
1) Exercising according to law the executive management and administrative control of the District and all of its properties, facilities, and equipment, and the activities of the employees during work hours.
2) Adopting policies, rules and regulations.
3) Managing and controlling all fiscal affairs of the District.
4) Determining the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, or departments, and the relocation or closing of schools, offices, departments, buildings, or other facilities.
5) Determining the type and quantity of supportive services, including all supplies and equipment necessary to operate the District system and to establish the procedures necessary to manage and control the operations of the District.
6) Determining employee qualifications, establishing hiring procedures, and hiring all employees, determining employee assignments and the condition of their continued employment, dismissal or promotion.
7) Determining job content and providing timely notice of any changes to the employee.
8) Determining the size of the management organization and its function.
9) Approving in-service training activities for employees.
10) Establishing and conducting an evaluation program to determine the effectiveness and competence of all District employees.
11) Determining staffing allocations for all schools, departments and District operations.
12) Any terms, procedures, policies or limitations not specifically articulated in the agreement(s) shall be left to the discretion of the administration for interpretation and enforcement. It is understood and agreed that the Board of Education possesses the sole right to operate the District and that all management rights repose in it, but that such rights shall be exercised consistently with the other provisions of this agreement.
MANAGEMENT RIGHTS CLAUSE. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to the limitations imposed by the language of this agreement, in accordance with applicable laws and regulations to:
A. direct employees of the school district,
B. hire, promote, transfer, assign, and retain employees in positions in the school district, and to suspend, demote, discharge, or take other disciplinary action against employees,
C. relieve employees from duty because of lack of work or for other legitimate reasons,
D. maintain efficiency of the school district operations entrusted to them,
E. determine the methods, means and personnel by which such operations are to be conducted, and,
F. take whatever actions may be necessary to carry out the mission of the school district in situations of emergency. It is understood by all parties to this agreement that, under the rulings of the courts of New Jersey and the State Commissioner of Education, the Board of Education is forbidden to waive any rights or powers granted by law.
MANAGEMENT RIGHTS CLAUSE. The Board of Education reserves the right to administer the operation of the school system, including the day to day operation as required; to assure the effective control of personnel; to accomplish appropriate use of the facilities; subject to the collective bargaining agreement, state, and federal statutes. The School District, on its own behalf, and on behalf of its electors, hereby retains and reserves unto itself, without limitations, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and constitution of the State of Michigan and of the United States, and School Code of 1976, and all other applicable laws, codes and regulations and any modifications made thereto. Further, all rights which ordinarily vest in and are exercised by employers, except such as are relinquished herein, are reserved to and remain vested in the School District, including but without limiting the generality of the foregoing, the right:
A. To manage its affairs efficiently and economically, including the determination of quantity and quality of services to be rendered, the control of materials, tools and equipment to be used, and the discontinuance of any new services, materials or methods of operation;
B. To establish policies to govern the School District, to introduce new equipment, methods, machinery or processes, change or eliminate existing equipment, and institute technological changes, decide on materials, supplies, equipment and tools to be purchased;
C. To determine the number, location and type of facilities and installations;
D. To determine the size of the work force and increase or decrease its size, subject to limitation imposed by this Agreement;
E. To hire and lay off employees;
F. To direct the work force, assign work and determine the number of employees assigned to operation, subject to limitations imposed by this Agreement;
G. To evaluate employees in accordance with and as required by the Teachers' Tenure Act;
X. Xx establish, change, combine or discontinue job classifications and prescribe and assign job duties, content & classifications, to prepare job descriptions and alter those job descriptions, as necessary. However, the effect on the bargaining unit of any establishment, change, combination or discontinuance of job classifications and the establishment of wage rates for any new or changed classifications shall be subject of collective bargaining;
I. To determine qualifications for any positions that...
