Common use of MANAGEMENT RIGHTS CLAUSE Clause in Contracts

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.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees;, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off em- ployees, but not conflict with the provisions of this Agree- ment. 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 supplies, and equipment necessary neces- sary to continue its operations and to determine the all meth- ods and means of distribution, disseminating, and/or sell- ing its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or the institution of new methods or processes;and/or improved meth- ods of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programsde- partments, divisions or subdivisionsubdivisions, buildings or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;publicrelations. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based upon lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emergency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express 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.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation DCU 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, 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 the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissaltermination, demotion, promotion, 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 its operations and to 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 rules, and regulations; H. Determine the location or relocation of its facilities, including the establishment or relocations of schools, buildings, departments, divisions, divisions or subdivisions and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, 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, 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 DCU of any significant actions issues affecting employees covered by this Agreement.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except Section 5.1. It is expressly agreed that all rights which are ordinarily vested in and have been exercised by the Employer, except those which are clearly and expressly relinquished herein by the Employer shall continue to be vested exclusively in and be exercised exclusively by the Employer, without prior negotiation with the Union either as otherwise provided in this to the taking of action under such rights or with respect to the consequence of such action during the term of the Agreement. Such rights shall include by way of illustration and not by way of limitation, 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 right to: A. The executive management (a) Manage and administrative control the Cooperative, its facilities and its operations and to direct the working forces and affairs of the school systemEmployer. (b) Continue its rights and past practice of assignment and direction of work to all of its personnel, 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 the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business or school hours or days. (c) The right to direct the working forces, including the right to hire, promote, suspend and discharge employees;, transfer employees, assign work or extra duties to employees (if temporary and of a short duration), determine the size of the work force and to lay off employees. D. (d) Determine the service, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operational production, the means, methods, and processes of carrying on the work including contracting out or automation thereof or changes therein; the institution or new and/or improved methods or changes therein: provided however, that if the Employer's production standards are unreasonable, the Union shall have recourse to use the grievance procedure as provided for therein. (e) Adopt, put into effect, and enforce reasonable rules and regulations. (f) Establish the qualifications of employees, including physical conditions. (g) Determine the number and location or relocation of buildings, offices and facilities, the layout and equipment, and the work areas. (h) Determine the placing of operation production, service, maintenance or distribution of work with contractors, and the source of materials and supplies. (i) Determine the policy affecting the selection, testing testing, or training of employees, providing that 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 technologySection 5.2. The exercise of the foregoing powersmatters contained in this Article, rightsexcept where specifically qualified elsewhere in this Agreement, authority, duties and responsibilities by the District shall be limited only by the specific written terms of this Agreement and are not subject to further negotiations between the duty to bargain under ORS 243.650 et. seq. Whenever practicable, parties during the District shall inform the Federation term of any significant actions affecting employees covered by this Agreement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation DCU 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, 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 the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissaltermination, demotion, promotion, 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 X. Xxxxxxxxx the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria; E. Establish X. Xxxxxxxxx the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue its operations and to 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 rules, and regulations; H. Determine the location or relocation of its facilities, including the establishment or relocations of schools, buildings, departments, divisions, divisions or subdivisions and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, 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 X. Xxxxxxxxx the financial policies, including all accounting procedures and all matters pertaining to public relations; K. Determine X. Xxxxxxxxx the size of the management organization, its functions, authority, and amount of supervision, 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 DCU of any significant actions issues affecting employees covered by this Agreement.

Appears in 2 contracts

Samples: 2020 2023 Agreement, Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation Union 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, system and its functions properties and programsfacilities, including the development of budgets and actions as may be necessary to meet emergency situations; B. Hire all employees and the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissal, demotion, promotion, promotion or transfer;; except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”). C. Assign The unqualified right of assignment and direct the direction of work and work location of all employeesof its personnel, and to determine the number of shifts and hours and days of work and starting times and the scheduling of all employeesthe foregoing; D. Determine The unqualified right to establish the policy affecting the selectionwork, testing or training of employees, providing such selection shall be based upon lawful criteriapayroll and school calendars; E. Establish the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changesautomation thereof or changes therein, automation, or and the institution of new and/or improved methods or processeschanges therein; G. F. Adopt reasonable rules and regulations; H. G. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or other facilities; I. H. Determine the placement of operations, production, services, maintenance or distribution of work and the source of materials and supplies; J. I. Determine the financial policies, including all accounting and payroll processes and procedures and all matters pertaining to public relations; K. J. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and; K. Determine the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria, except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”); L. Select The selection and utilize utilization of technology; M. The District expressly retains the right to contract out or subcontract any work performed in the past by employees, or currently being performed by employees, or that may in the future be performed by employees and the Union expressly waives any duty the District might have under law to bargain these matters. It is expressly agreed that this provision represents the full and complete agreement between the parties with respect to all contracting out. Notwithstanding the requirements of ORS 243.650 to 243.782, by this Agreement the District and the Union agree that the District has met its duty to bargain this subject. The Union expressly disclaims and waives any further duty on the part of the District to bargain over the right to contract or subcontract any and all work and the impact of any decision to contract or subcontract any and all work. Before the District contracts/subcontracts work presently, regularly, and exclusively performed by bargaining unit members where such contracting will result in the layoff or demotion of current employees, the following shall occur: 1. The Union shall be notified in writing at least sixty (60) days in advance of the proposed implementation. Such notification shall include an analysis of the likely impact on employees, and shall also outline the projected financial impact and other considerations that the District has deemed are pertinent to its deliberation to contract or subcontract work. 2. Upon receipt of the notice, the Union shall have ten (10) days in which to notify the District of its desire to meet and discuss the contracting/subcontracting decision. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting/subcontracting. 3. The District shall not finalize the decision to contract/subcontract such work until after it has afforded the Union the opportunity to meet as provided above and considered all timely Union proposals before a decision is finalized. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific specific, written terms of this Agreement and are subject then only to the duty to bargain under extent that such terms are in conformance with the Constitution and the laws of the state of Oregon, including the Custodians’ Civil Service Law, ORS 243.650 et. seq. Whenever practicable, the District shall inform the Federation of any significant actions affecting employees covered by this Agreement242.310-640 & 242.990 (“CCSL”).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation Union 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, system and its functions properties and programsfacilities, including the development of budgets and actions as may be necessary to meet emergency situations; B. Hire all employees and the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissal, demotion, promotion, promotion or transfer;; except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”). C. Assign The unqualified right of assignment and direct the direction of work and work location of all employeesof its personnel, and to determine the number of shifts and hours and days of work and starting times and the scheduling of all employeesthe foregoing; D. Determine The unqualified right to establish the policy affecting the selectionwork, testing or training of employees, providing such selection shall be based upon lawful criteriapayroll and school calendars; E. Establish the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changesautomation thereof or changes therein, automation, or and the institution of new and/or improved methods or processes; G. changes therein; Adopt reasonable rules and regulations; H. F. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or other facilities; I. G. Determine the placement of operations, production, services, maintenance or distribution of work and the source of materials and supplies; J. H. Determine the financial policies, including all accounting and payroll processes and procedures and all matters pertaining to public relations; K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and; J. Determine the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria, except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”); K. The selection and utilization of technology; L. Select The District expressly retains the right to contract out or subcontract any work performed in the past by employees, or currently being performed by employees, or that may in the future be performed by employees and utilize technologythe Union expressly waives any duty the District might have under law to bargain these matters. It is expressly agreed that this provision represents the full and complete agreement between the parties with respect to all contracting out. Notwithstanding the requirements of ORS 243.650 to 243.782, by this Agreement the District and the Union agree that the District has met its duty to bargain this subject. The Union expressly disclaims and waives any further duty on the part of the District to bargain over the right to contract or subcontract any and all work and the impact of any decision to contract or subcontract any and all work. Before the District contracts/subcontracts work presently, regularly, and exclusively performed by bargaining unit members where such contracting will result in the layoff or demotion of current employees, the following shall occur: 1. The Union shall be notified in writing at least sixty (60) days in advance of the proposed implementation. Such notification shall include an analysis of the likely impact on employees, and shall also outline the projected financial impact and other considerations that the District has deemed are pertinent to its deliberation to contract or subcontract work. 2. Upon receipt of the notice, the Union shall have ten (10) days in which to notify the District of its desire to meet and discuss the contracting/subcontracting decision. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting/subcontracting. The District shall not finalize the decision to contract/subcontract such work until after it has afforded the Union the opportunity to meet as provided above and considered all timely Union proposals before a decision is finalized. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific specific, written terms of this Agreement and are subject then only to the duty to bargain under extent that such terms are in conformance with the Constitution and the laws of the state of Oregon, including the Custodians’ Civil Service Law, ORS 243.650 et. seq. Whenever practicable, the District shall inform the Federation of any significant actions affecting employees covered by this Agreement242.310-640 & 242.990 (“CCSL”).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia Public School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. C. The right to direct the work forces, including the right to hire, promote, suspend, and discharge employees;, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off employees, but not in conflict with the provisions of this Agreement. 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 supplies, and equipment necessary to continue its operations and to determine the all methods and means of distribution, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or the institution of new and/or improved methods or processes;of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based upon lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emergency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Professional Agreement

MANAGEMENT RIGHTS CLAUSE. A. Except as otherwise provided in expressly abridged by the provisions of this Agreement, it is agreed that all rights which ordinarily vest in and have been exercised by the Federation agrees that District shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall includeinclude by way of illustration and not by way of limitation, but are not limited the right to: A. The executive management 1. Manage and administrative control of the school systemits business, its equipment, and its functions operations. 2. Continue its rights, policies, and programspractices of assignment and direction of its personnel and scheduling. 3. Direct the working forces, including the development of budgets and actions as may be necessary right to meet emergency situations; B. Hire all employees and determine their qualifications and the conditions of their continued employmenthire, their trainingassign, and any promote, evaluate, discipline, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, transfer and determine the number size of shifts and hours and days of work and starting times and the scheduling of all employees;workforce.‌ D. 4. Determine the policy affecting the selectionprograms, testing or training of employeescurriculum, providing such selection shall be based upon lawful criteria; E. Establish the work year and school calendar; F. Determine the services, supplies supplies, and equipment necessary to continue operations and determine the methods, schedules and standards of its operation, and to establish standards for their use and operation. 5. Adopt reasonable rules and regulations pertaining to the means, methods operation and processes administration of carrying on the workschool system and to define the descriptions and requirements of all jobs. 6. Determine the qualifications of employees, including any changes, automation, or institution the essential job functions of new methods or processes;employees. G. Adopt rules 7. Determine overall goals and regulations;objectives as well as all policies affecting the educational programs. H. 8. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings 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. 9. Determine the size of the management organization, its functions, authority, and amount of supervision, and table organization. 10. Determine all financial policies, including all accounting procedures, and all matters pertaining to public relations. 11. Determine class scheduling, as well as the duties and responsibilities of organization; andthe teaching staff and other employees with respect to such scheduling. L. Select and utilize technology. B. The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by of the District District, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific written and express terms of this Agreement. C. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restricting of or a waiver of any rights of management not listed and are subject to the duty to bargain under ORS 243.650 et. seq. Whenever practicablespecifically surrendered herein, whether or not such rights have been exercised by the District shall inform in the Federation of any significant actions affecting employees covered by this Agreementpast.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation Union 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, system and its functions properties and programsfacilities, including the development of budgets and actions as may be necessary to meet emergency situations; B. Hire all employees and the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissal, demotion, promotion, promotion or transfer;; except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”). C. Assign X. The unqualified right of assignment and direct the direction of work and work location of all employeesof its personnel, and to determine the number of shifts and hours and days of work and starting times and the scheduling of all employeesthe foregoing; D. Determine The unqualified right to establish the policy affecting the selectionwork, testing or training of employees, providing such selection shall be based upon lawful criteriapayroll and school calendars; E. Establish the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changesautomation thereof or changes therein, automation, or and the institution of new and/or improved methods or processeschanges therein; G. F. Adopt reasonable rules and regulations; H. G. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or other facilities; I. H. Determine the placement of operations, production, services, maintenance or distribution of work and the source of materials and supplies; J. I. Determine the financial policies, including all accounting and payroll processes and procedures and all matters pertaining to public relations; K. Determine X. Xxxxxxxxx the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and; K. Determine the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria, except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”); L. Select The selection and utilize utilization of technology; M. The District expressly retains the right to contract out or subcontract any work performed in the past by employees, or currently being performed by employees, or that may in the future be performed by employees and the Union expressly waives any duty the District might have under law to bargain these matters. It is expressly agreed that this provision represents the full and complete agreement between the parties with respect to all contracting out. Notwithstanding the requirements of ORS 243.650 to 243.782, by this Agreement the District and the Union agree that the District has met its duty to bargain this subject. The Union expressly disclaims and waives any further duty on the part of the District to bargain over the right to contract or subcontract any and all work and the impact of any decision to contract or subcontract any and all work. Before the District contracts/subcontracts work presently, regularly, and exclusively performed by bargaining unit members where such contracting will result in the layoff or demotion of current employees, the following shall occur: 1. The Union shall be notified in writing at least sixty (60) days in advance of the proposed implementation. Such notification shall include an analysis of the likely impact on employees, and shall also outline the projected financial impact and other considerations that the District has deemed are pertinent to its deliberation to contract or subcontract work. 2. Upon receipt of the notice, the Union shall have ten (10) days in which to notify the District of its desire to meet and discuss the contracting/subcontracting decision. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting/subcontracting. 3. The District shall not finalize the decision to contract/subcontract such work until after it has afforded the Union the opportunity to meet as provided above and considered all timely Union proposals before a decision is finalized. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific specific, written terms of this Agreement and are subject then only to the duty to bargain under extent that such terms are in conformance with the Constitution and the laws of the state of Oregon, including the Custodians’ Civil Service Law, ORS 243.650 et. seq. Whenever practicable, the District shall inform the Federation of any significant actions affecting employees covered by this Agreement242.310-640 & 242.990 (“CCSL”).

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the Michigan General Schools Laws, or any other laws or regulations. Except as otherwise provided in specifically stated by this Agreement, the Federation agrees that all rights, powers and authority the Board had prior to this Agreement are retained by the Board. B. All rights which ordinarily vest in and its designees have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall retain control continue to vest exclusively in and direction over all matters be exercised exclusively by the Board without prior negotiations with the Union either as to the taking of inherent managerial policyaction under such rights or with respect to the consequence of such action during the term of this Agreement. Such matters rights shall include, but are by way of illustration and not limited by the way of limitation, the right to: A. The executive management 1. Manage and administrative control its business, its equipment and its operations and to direct the working forces and affairs of the school systemEmployer. 2. Continue its rights, policies and practices of assignment and direction of its functions and programspersonnel, 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 personnel and hours and days of work and starting times and the scheduling of all employees;the foregoing, and the right to establish, modify or change any work or business or school hours or days. D. Determine 3. Direct the policy affecting working forces, including the selectionright to hire, testing promote, suspend and discharge Employees, transfer Employees, assign work or training duties to Employees, determine the size of employees, providing such selection shall be based upon lawful criteria; E. Establish the work year force and school calendar;to lay off Employees in accordance with the Articles contained in this Agreement. F. 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distribution, dissemination, and/or selling its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the workwork including automation or contracting, including any or changes, automation, or the institution of new and/or improved methods or processes;changes. G. 5. Adopt rules and regulations;. H. 6. Determine the qualifications of Employees, including physical conditions as provided by law. 7. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisionsdivisions or subdivisions, or subdivisions and the relocation or closing of offices, departments, schoolsdivisions, programs, divisions or subdivisionsubdivisions, buildings or other facilities;. I. 8. Determine the placement of operations, production, servicesservice, maintenance or distribution of work and the source of materials and supplies;. J. 9. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. 10. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and. L. Select 11. Determine the policy affecting the selection, testing or training of Employees. 12. To hire all Employees, to determine their qualifications and utilize technologyconditions for their continued employment. 13. To establish course of instruction and in-service training program for Employees and to require attendance at any workshop, conference, etc. by Employees including special programs. 14. The exercise of Board and/or its representative may adopt rules and regulations not in conflict with the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific written terms of this Agreement concerning the discipline of Employees and said rules and regulations are not subject to the duty grievance procedure. 15. To determine and re-determine job content. C. There is exclusively reserved to bargain under ORS 243.650 etthe Board all responsibilities, powers, rights and authority vested in it by the laws and constitutions of the State of Michigan and the United States, or which have been properly exercised by it, excepting where expressly limited by the provisions of this Agreement. seqThe Board retains the rights, among others, to establish and enforce reasonable rules and personnel policies relating to the duties and responsibilities of secretaries and their working conditions, which are not inconsistent with the provisions of this Agreement or violations of law. Whenever practicableIt is further recognized that the Board, in meeting such responsibilities and exercising its powers and rights, acts through its administrative staff. D. Subject to the provisions of this agreement and Public Act 379 of 1965, the District shall inform ISD reserves and retains full rights, authority and discretion to control, supervise and manage the Federation operation of any significant actions affecting employees covered by all schools and the educational process and to make all decisions and policies not inconsistent with the terms of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided The ASSOCIATION recognizes that the BOARD has responsibility and authority to manage and direct, in behalf of the public, all the operations and activities of the school district to the full extent authorized by law, except where expressly limited by the provisions of 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 This authority shall include, but are not be limited to, the right to: A. The executive management 1. Manage and administrative control of the school systemits business, its equipment, and its functions operations, and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the BOARD. B. 2. Hire all employees and and, subject to the provision of law, to determine their qualifications and the conditions of for their continued employment, their training, and any discipline, dismissalsuspension, demotion, promotionlayoff, or transfer; C. Assign and direct the work and work location of all employeesdismissal, and determine the number of shifts to promote and hours and days of work and starting times and the scheduling of transfer all such 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. 3. Determine the services, supplies supplies, and equipment necessary to continue operations its operations, and determine the methods, schedules and standards of operation, to institute the means, methods methods, and processes of carrying on the work, including any changes, automation, or institution of and to institute new and/or improved methods or processes;changes therein. G. Adopt rules and regulations; H. 4. Determine the number and location or relocation of facilities, its facilities including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings 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. 5. Determine the size of the management organization, its functions, authority, and amount of supervision, and table or organization, provided that the BOARD shall not abridge any rights of organization; and L. Select and utilize technologyemployees as specifically provided for in this Agreement. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District BOARD, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific written and express terms hereof, and in conformance with the constitution and laws of this Agreement the State of Michigan, and the laws and constitution of the United States. The above are subject not to the duty to bargain under ORS 243.650 et. seq. Whenever practicable, the District shall inform the Federation of be interpreted as abridging or conflicting with any significant actions affecting employees covered by specific provisions in this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except Section 5.1. It is expressly agreed that all rights which are ordinarily vested in and have been exercised by the Employer, except those which are clearly and expressly relinquished herein by the Employer shall continue to be vested exclusively in and be exercised exclusively by the Employer, without prior negotiation with the Union either as otherwise provided in this to the taking of action under such rights or with respect to the consequence of such action during the term of the Agreement. Such rights shall include by way of illustration and not by way of limitation, 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 right to: A. The executive management (a) Manage and administrative control the District, its facilities and its operations and to direct the working forces and affairs of the school systemEmployer. (b) Continue its rights and past practice of assignment and direction of work to all of its personnel, 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 the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business or school hours or days. (c) The right to direct the working forces, including the right to hire, promote, suspend and discharge employees;, transfer employees, assign work or extra duties to employees (if temporary and of a short duration), determine the size of the work force and to lay off employees. D. (d) Determine the service, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operational production, the means, methods, and processes of carrying on the work including contracting out or automation thereof or changes therein; the institution or new and/or improved methods or changes therein: provided however, that if the Employer's production standards are unreasonable, the Union shall have recourse to use the grievance procedure as provided for therein. (e) Adopt, put into effect, and enforce reasonable rules and regulations. (f) Establish the qualifications of employees, including physical conditions. (g) Determine the number and location or relocation of buildings, offices and facilities, the layout and equipment, and the work areas. (h) Determine the placing of operation production, service, maintenance or distribution of work with contractors, and the source of materials and supplies. (i) Determine the policy affecting the selection, testing testing, or training of employees, providing that 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 technologySection 5.2. The exercise of the foregoing powersmatters contained in this Article, rightsexcept where specifically qualified elsewhere in this Agreement, authority, duties and responsibilities by the District shall be limited only by the specific written terms of this Agreement and are not subject to further negotiations between the duty to bargain under ORS 243.650 et. seq. Whenever practicable, parties during the District shall inform the Federation term of any significant actions affecting employees covered by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the Michigan Revised School Code, or any other laws or regulations. Except as otherwise provided in specifically stated by this Agreement, all the Federation agrees that rights, powers and authority the Board and its designees shall retain control and direction over all matters of inherent managerial policyhad prior to this Agreement are retained by the Board. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control its programs, services, equipment, facilities and its operations and to direct the working forces and affairs of the school system, and its functions and programs, including the development of budgets and actions as may be necessary to meet emergency situations;District. B. Hire all employees Continue its rights of assignment and determine their qualifications and the conditions direction of their continued employmentpersonnel, 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 personnel, the number of hours worked by bargaining unit members and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify or change any work or school hours or days, unless otherwise specifically provided for in this Agreement. C. The right to direct the working forces, including the right to hire, promote discipline or suspend and discharge employees (subject to the provisions in Article 11 of this Agreement), transfer employees;, assign work or duties to employees, evaluate employees, and to determine the size of the work force and to lay off employees. D. Adopt, revise and enforce work rules and regulations governing the conduct of employees and to define and re-define job content and position descriptions. E. Determine the policy affecting the selection, testing or training qualifications of employees, providing such selection shall be based upon lawful criteria; E. Establish including the work year and school calendar;essential job functions of positions within the bargaining unit. F. Determine the services, supplies extent and equipment necessary to continue operations existence of educational programming 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, operation including the establishment or relocations relocation of schoolsprograms, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of officesprograms, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or buildings, other facilities;, services or third party service contracts. I. Determine the placement of operations, production, services, maintenance or distribution of work and the source of materials and supplies; J. G. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations;recordkeeping requirements. K. H. Determine policies affecting the size selection, testing or training of the management organization, its functions, authority, and amount of supervision, and table of organization; and L. Select and utilize technologyemployees. The exercise of the foregoing powers, rights, authorityduties, duties and responsibilities by the District Board and the adoption of policies, rules, regulations and practices in the furtherance thereof, shall be the exclusive prerogative of the Board except as otherwise limited only by the specific written terms express provision 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the spe- cific provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees;, trans- fer employees, assign work or duties to employees, xx- xxxxxxx the size of the work force and to lay off employ- ees, but not conflict with the provisions of this Agreement. 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 supplies, and equipment necessary neces- sary to continue its operations and to determine the all meth- ods and means of distribution, disseminating, and/or sell- ing its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or the institution of new methods or processes;and/or improved meth- ods of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programsde- partments, divisions or subdivisionsubdivisions, buildings or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based upon lawful criteria and not in conflict with this Agree- ment. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emer- gency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express 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.

Appears in 1 contract

Samples: Master Agreement

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 X. Xxxxxxxxx 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 X. Xxxxxxxxx the financial policies, including all accounting procedures and all matters pertaining to public relations; K. Determine X. Xxxxxxxxx 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions op- eration and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia Public Schools School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts per- sonnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees;, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off employees, but not conflict with the provisions of this Agreement. 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 supplies, and equipment necessary to continue its operations and to determine the all methods and means of distribution, disseminating, and/or selling its ser- vices, methods, schedules and standards of operation, the means, methods methods, and processes of carrying on the work, including any changes, automation, or the institution of new and/or improved methods or processes;of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of facilitiesits facili- ties, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programsdepart- ments, divisions or subdivisionsubdivisions, buildings buildings, or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials mate- rials and supplies;. J. H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; andor- ganization, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based up- on lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emergency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection there- with, shall be limited only by the specific written and express terms of this Agreement Agreement. L. The Association and are subject to the duty to bargain under ORS 243.650 et. seq. Whenever practicableDistrict agree that for the duration of the contract, the Association will work with the District shall inform to utilize Gallup Poll information in a joint effort to get feedback on employee morale. There will be no identification of indi- vidual employees’ responses. The Association reserves the Federation of any right to withdraw from this agreement in the event there is significant actions affecting employees covered by this Agreementmember dissatisfaction with the process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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MANAGEMENT RIGHTS CLAUSE. Except Section 5.1. It is expressly agreed that all rights which are ordinarily vested in and have been exercised by the Employer, except those which are clearly and expressly relinquished herein by the Employer shall continue to be vested exclusively in and be exercised exclusively by the Employer, without prior negotiation with the Union either as otherwise provided in this to the taking of action under such rights or with respect to the consequence of such action during the term of the Agreement. Such rights shall include by way of illustration and not by way of limitation, 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 right to: A. The executive management (a) Manage and administrative control the DistrictCooperative, its facilities and its operations and to direct the working forces and affairs of the school systemEmployer. (b) Continue its rights and past practice of assignment and direction of work to all of its personnel, 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 the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business or school hours or days. (c) The right to direct the working forces, including the right to hire, promote, suspend and discharge employees;, transfer employees, assign work or extra duties to employees (if temporary and of a short duration), determine the size of the work force and to lay off employees. D. (d) Determine the service, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operational production, the means, methods, and processes of carrying on the work including contracting out or automation thereof or changes therein; the institution or new and/or improved methods or changes therein: provided however, that if the Employer's production standards are unreasonable, the Union shall have recourse to use the grievance procedure as provided for therein. (e) Adopt, put into effect, and enforce reasonable rules and regulations. (f) Establish the qualifications of employees, including physical conditions. (g) Determine the number and location or relocation of buildings, offices and facilities, the layout and equipment, and the work areas. (h) Determine the placing of operation production, service, maintenance or distribution of work with contractors, and the source of materials and supplies. (i) Determine the policy affecting the selection, testing testing, or training of employees, providing that 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 technologySection 5.2. The exercise of the foregoing powersmatters contained in this Article, rightsexcept where specifically qualified elsewhere in this Agreement, authority, duties and responsibilities by the District shall be limited only by the specific written terms of this Agreement and are not subject to further negotiations between the duty to bargain under ORS 243.650 et. seq. Whenever practicable, parties during the District shall inform the Federation term of any significant actions affecting employees covered by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation Union 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, system and its functions properties and programsfacilities, including the development of budgets and actions as may be necessary to meet emergency situations; B. Hire all employees and the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissal, demotion, promotion, promotion or transfer; C. Assign The unqualified right of assignment and direct the direction of work and work location of all employeesof its personnel, and to determine the number of shifts and hours and days of work and starting times and the scheduling of all employeesthe foregoing; D. Determine The unqualified right to establish the policy affecting the selectionwork, testing or training of employees, providing such selection shall be based upon lawful criteriapayroll and school calendars; E. Establish the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changesautomation thereof or changes therein, automation, or and the institution of new and/or improved methods or processeschanges therein; F. Adopt reasonable rules and regulations; G. Adopt rules and regulationsDetermine the qualifications of employees; H. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, 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 and payroll processes and procedures and all matters pertaining to public relations; K. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and; L. Select Determine the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria; M. The selection and utilize utilization of technology; N. The District expressly retains the right to contract out or subcontract any work performed in the past by employees, or currently being performed by employees, or that may in the future be performed by employees and the Union expressly waives any duty the District might have under law to bargain these matters. It is expressly agreed that this provision represents the full and complete agreement between the parties with respect to all contracting out. Notwithstanding the requirements of ORS 243.650 to 243.782, by this agreement the District and the Union agree that the District has met its duty to bargain this subject. The Union expressly disclaims and waives any further duty on the part of the District to bargain over the right to contract or subcontract any and all work and the impact of any decision to contract or subcontract any and all work. The District agrees that prior to contracting out or subcontracting, it will give the Union at least thirty (30) days notice and will solicit the Union’s opinion. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific specific, written terms of this Agreement and are subject then only to the duty to bargain under ORS 243.650 et. seq. Whenever practicable, extent that such terms are in conformance with the District shall inform Constitution and the Federation laws of any significant actions affecting employees covered by this Agreementthe state of Oregon.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia Public Schools School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees;, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off employees, but not conflict with the provisions of this Agreement. 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 supplies, and equipment necessary to continue its operations and to determine the all methods and means of distribution, disseminating, and/or selling its ser- vices, methods, schedules and standards of operation, the means, methods methods, and processes of carrying on the work, including any changes, automation, or the institution of new and/or improved methods or processes;of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings buildings, or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based up- on lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emergency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express terms of this Agreement Agreement. L. The Association and are subject to the duty to bargain under ORS 243.650 et. seq. Whenever practicableDistrict agree that for the duration of the contract, the Association will work with the District shall inform to utilize Gallup Poll information in a joint effort to get feedback on employee morale. There will be no identification of individual employees’ responses. The Association reserves the Federation of any right to withdraw from this agreement in the event there is significant actions affecting employees covered by this Agreementmember dissatisfaction with the process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees;, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off employees, but not conflict with the provisions of this Agreement. 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 supplies, and equipment necessary to continue its operations and to determine the all methods and means of distribution, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or the institution of new and/or improved methods or processes;of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programsde- partments, divisions or subdivisionsubdivisions, buildings or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based upon lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emer- gency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express 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.

Appears in 1 contract

Samples: Master Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management X. Xxxxxx and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specif- ic provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge 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 supplies, and equipment necessary neces- sary to continue its operations and to determine the all meth- ods and means of distribution, disseminating, and/or sell- ing its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or the institution of new methods or processes;and/or improved meth- ods of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programsde- partments, divisions or subdivisionsubdivisions, buildings or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. Determine X. Xxxxxxxxx the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based upon lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emer- gency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express 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.

Appears in 1 contract

Samples: Master Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation DCU 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, 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 the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissaltermination, demotion, promotion, 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 its operations and to 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 rules, and regulations; H. Determine the location or relocation of its facilities, including the establishment or relocations of schools, buildings, departments, divisions, divisions or subdivisions and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, 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, 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 DCU of any significant actions issues affecting employees covered by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 employeesallemployees; 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 facilitiesotherfacilities; 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided in this Agreement, the Federation Union 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, system and its functions properties and programsfacilities, including the development of budgets and actions as may be necessary to meet emergency situations; B. Hire all employees and the right to determine their qualifications and the conditions of their continued employment, employment or their training, and any discipline, dismissal, demotion, promotion, promotion or transfer;; except as provided by the Custodians’ Civil Service Law, ORS 242.310-640 & 242.990 (“CCSL”). C. Assign The unqualified right of assignment and direct the direction of work and work location of all employeesof its personnel, and to determine the number of shifts and hours and days of work and starting times and the scheduling of all employeesthe foregoing; D. Determine The unqualified right to establish the policy affecting the selectionwork, testing or training of employees, providing such selection shall be based upon lawful criteriapayroll and school calendars; E. Establish the work year and school calendar; F. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changesautomation thereof or changes therein, automation, or and the institution of new and/or improved methods or processeschanges therein; G. F. Adopt reasonable rules and regulations; H. G. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or other facilities; I. H. Determine the placement of operations, production, services, maintenance or distribution of work and the source of materials and supplies; J. I. Determine the financial policies, including all accounting and payroll processes and procedures and all matters pertaining to public relations; K. J. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and; K. Determine the policy affecting the selection, testing or training of employees, providing such selection shall be based upon lawful criteria, except as provided by the Custodians’ Civil Service Law, ORS 242.310- 640 & 242.990 (“CCSL”); L. Select The selection and utilize utilization of technology; M. The District expressly retains the right to contract out or subcontract any work performed in the past by employees, or currently being performed by employees, or that may in the future be performed by employees and the Union expressly waives any duty the District might have under law to bargain these matters. It is expressly agreed that this provision represents the full and complete agreement between the parties with respect to all contracting out. Notwithstanding the requirements of ORS 243.650 to 243.782, by this Agreement the District and the Union agree that the District has met its duty to bargain this subject. The Union expressly disclaims and waives any further duty on the part of the District to bargain over the right to contract or subcontract any and all work and the impact of any decision to contract or subcontract any and all work. Before the District contracts/subcontracts work presently, regularly, and exclusively performed by bargaining unit members where such contracting will result in the layoff or demotion of current employees, the following shall occur: 1. The Union shall be notified in writing at least sixty (60) days in advance of the proposed implementation. Such notification shall include an analysis of the likely impact on employees, and shall also outline the projected financial impact and other considerations that the District has deemed are pertinent to its deliberation to contract or subcontract work. 2. Upon receipt of the notice, the Union shall have ten (10) days in which to notify the District of its desire to meet and discuss the contracting/subcontracting decision. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting/subcontracting. 3. The District shall not finalize the decision to contract/subcontract such work until after it has afforded the Union the opportunity to meet as provided above and considered all timely Union proposals before a decision is finalized. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District shall be limited only by the specific specific, written terms of this Agreement and are subject then only to the duty to bargain under extent that such terms are in conformance with the Constitution and the laws of the state of Oregon, including the Custodians’ Civil Service Law, ORS 243.650 et. seq. Whenever practicable, the District shall inform the Federation of any significant actions affecting employees covered by this Agreement242.310-640 & 242.990 (“CCSL”).

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. A. Except as otherwise provided in expressly abridged by the provisions of this Agreement, it is agreed that all rights which ordinarily vest in and have been exercised by the Federation agrees that District shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall includeinclude by way of illustration and not be way of limitation, but are not limited the right to: A. The executive management 1. Manage and administrative control of the school systemits business, its equipment, and its functions operations. 2. Continue its rights, policies, and programspractices of assignment and direction of its personnel and scheduling. 3. Direct the working forces, including the development of budgets and actions as may be necessary right to meet emergency situations; B. Hire all employees and determine their qualifications and the conditions of their continued employmenthire, their trainingassign, and any promote, evaluate, discipline, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, transfer and determine the number size of shifts and hours and days of the work and starting times and the scheduling of all employees;force. D. 4. Determine the policy affecting the selectionprograms, testing or training of employeescurriculum, providing such selection shall be based upon lawful criteria; E. Establish the work year and school calendar; F. Determine the services, supplies supplies, and equipment necessary to continue operations and determine the methods, schedules and standards of its operation, and to establish standards for their use and operation. 5. Adopt reasonable rules and regulations pertaining to the means, methods operation and processes administration of carrying on the workschool system and to define the descriptions and requirements of all jobs. 6. Determine the qualifications of employees, including any changes, automation, or institution the essential job functions of new methods or processes;employees. G. Adopt rules 7. Determine overall goals and regulations;objectives as well as all policies affecting the educational programs. H. 8. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions, divisions or subdivisions thereof and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings 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. 9. Determine the size of the management organization, its functions, authority, and amount of supervisionsupervision and table organization. 10. Determine all financial policies, including all accounting procedures, and table all matters pertaining to public relations. 11. Determine class scheduling, as well as the duties and responsibilities of organization; andthe teaching staff and other employees with respect to such scheduling. L. Select and utilize technology. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by of the District District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific written and express terms of this Agreement. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restricting of or a waiver of any rights of management not listed and are subject to the duty to bargain under ORS 243.650 et. seq. Whenever practicablespecifically surrendered herein, whether or not such rights have been exercised by the District shall inform in the Federation of any significant actions affecting employees covered by this Agreementpast.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: Section A. The executive management Manage and administrative control of the school systemits business, its equipment, and its functions operation and programsto direct the working forces and affairs of the Livonia School District. Section B. Continue its rights, 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 trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all employees;the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. D. Determine Section C. The right to direct the policy affecting working forces, including the selectionright to hire, testing or training of promote, suspend, and discharge employees, providing such selection shall be based upon lawful criteria; E. Establish transfer employees, assign work or duties to employees, determine the size of the work year force and school calendar;to lay off employees, but not conflict with the provisions of this Agreement. F. Section D. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distribution, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods and processes of carrying on the work, including any changes, automation, or the institution of new and/or improved methods or processes;of changes therein. G. Section E. Adopt reasonable rules and regulations;. H. Section F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings or other facilities;. I. Section G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. Section H. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. Section I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and L. Select and utilize technology. The exercise of the foregoing powers, rights, authority, duties and responsibilities by provided that 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 not abridge any significant actions affecting rights from employees covered by as specifically provided for in this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MANAGEMENT RIGHTS CLAUSE. Except as otherwise provided It is expressly agreed that all rights which ordinarily vest in this Agreementand have been exercised by the District, except those which are clearly and expressly relinquished herein by the Federation agrees that District, shall continue to vest exclusively in and be exercised exclusively by the Board and its designees shall retain control and direction over all matters of inherent managerial policyDistrict. Such matters rights shall include, but are by way of illustration and not limited by way of limitation, the right to: A. The executive management X. Xxxxxx and administrative control of the school systemits business, its equipment, and its functions operation and programs, including to direct the development working forces and affairs of budgets and actions as may be necessary to meet emergency situations;the Livonia Public Schools School District. B. Hire all employees and determine their qualifications and the conditions of their continued employmentContinue its rights, their trainingpolicies, and any disciplinepractices of assignment and direction of its personnel, dismissal, demotion, promotion, or transfer; C. Assign and direct the work and work location of all employees, and determine the number of shifts personnel and hours and days of work and starting times and the scheduling of all the foregoing, and the right to establish, modify, or change any work or business or school hours or days, but not in conflict with the specific provisions of this Agreement. C. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees;, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off employees, but not conflict with the provisions of this Agreement. 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 supplies, and equipment necessary to continue its operations and to determine the all methods and means of distribution, disseminating, and/or selling its ser- vices, methods, schedules and standards of operation, the means, methods methods, and processes of carrying on the work, including any changes, automation, or the institution of new and/or improved methods or processes;of changes therein. G. E. Adopt reasonable rules and regulations;. H. F. Determine the number and location or relocation of its facilities, including the establishment or relocations relocation of new schools, buildings, departments, divisions, divisions or subdivisions thereof, and the relocation or closing of offices, departments, schools, programs, divisions or subdivisionsubdivisions, buildings buildings, or other facilities;. I. G. Determine the placement place of operations, production, servicesservice, maintenance or distribution of work work, and the source of materials and supplies;. J. Determine X. Xxxxxxxxx the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations;. K. I. Determine the size of the management organization, its functions, authority, and amount of supervision, supervision and table of organization; and, provided that the District shall not abridge any rights from employees as specifically provided for in this Agreement. L. Select J. Determine the policy affecting the selection and utilize technologytraining of employees providing that such selection shall be based up- on lawful criteria and not in conflict with this Agreement. K. Nothing in this Agreement shall limit in any way the right of supervisors to perform production and maintenance work in a training, supervisory, instructional, or emergency capacity as they have in the past. The exercise of the foregoing powers, rightsright, authority, duties and responsibilities by the District District, the adoption of policies, rules and regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific written and express terms of this Agreement Agreement. L. The Association and are subject to the duty to bargain under ORS 243.650 et. seq. Whenever practicableDistrict agree that for the duration of the contract, the Association will work with the District shall inform to utilize Gallup Poll information in a joint effort to get feedback on employee morale. There will be no identification of individual employees’ responses. The Association reserves the Federation of any right to withdraw from this agreement in the event there is significant actions affecting employees covered by this Agreementmember dissatisfaction with the process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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