Management Rights Reserved. The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to:
A. Direct, supervise, hire, promote, suspend, discipline, discharge, transfer, assign, schedule, and retain employees.
B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters.
X. Xxxxxxxxx the appropriate job classifications and personnel by which government operations are to be conducted.
X. Xxxxxxxxx the overall mission of the unit of government.
X. Xxxxxxxx and improve the efficiency and effectiveness of government operations.
G. Take any necessary actions to carry out the mission of an agency in situations of emergency.
H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement.
Management Rights Reserved. All management rights and functions except those which are clearly and expressly limited in this Agreement shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to:
a. Establish and schedule working hours.
b. Establish, modify, or change work schedules or standards.
c. Institute changes in procedures.
d. Direct the work force, including the right to hire, promote, demote, transfer, reassign, suspend, discipline or discharge any employee. Non-probationary employees shall not be suspended, disciplined or discharged without just cause. Language contained herein and in Section 16.01 will take precedence over any inconsistent language contained in Exhibit ‘B’.
e. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof.
f. Determine services to be rendered and frequency thereof.
g. Determine the layout of buildings and equipment, and materials to be used therein.
h. Determine processes, techniques, methods, and means of performing work.
i. Determine the size, character and use of inventories.
j. Determine the administrative organization of the system.
k. Determine selection, promotion, or transfer of employees.
l. Determine the size and characteristics of the work force.
m. Determine the allocation and assignment of work to employees.
n. Determine policy affecting the selection of new employees.
o. Determine the establishment of quality and quantity standards and the judgment of quality and quantity standards of work required.
p. Determine administration of discipline.
q. Determine control and use of City property, materials, and equipment.
r. Schedule work periods and determine the number and duration of work periods.
s. Establish, modify, eliminate or enforce rules and regulations.
t. Place non-bargaining unit work with outside firms.
u. Determine the kinds and numbers of personnel necessary to execute the City mission.
v. Determine the methods and means by which such operations are to be conducted.
w. Require employees, where necessary, to take in service training courses during working hours.
x. Administer the employee benefits program including but not limited to determining and or modifying premiums, premium structure, eligibility, plan design, benefit levels, deduct...
Management Rights Reserved. The City retains all rights it had prior to this Agreement except those rights specifically delegated by this Agreement; provided that the City shall exercise those rights in compliance with applicable state law, the civil service provisions of the Municipal Code, the City Charter, and the provisions of this MOU. The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to:
A. Direct, supervise, hire, promote, suspend, demote, discipline, discharge, transfer, assign, schedule, and retain employees.
B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive.
C. Determine the services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters.
D. Determine the appropriate job classifications and personnel by which government operations are to be conducted.
E. Determine the overall mission of the unit of government.
F. Maintain and improve the efficiency and effectiveness of government operations.
G. Take any necessary actions to carry out the mission of an agency in situations of emergency.
H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement.
Management Rights Reserved. Section 1. Unless otherwise herein provided, the management of the work and the direction of the working forces, including the right to hire, promote, demote, or suspend or otherwise discharge for proper cause and the right to relieve employees from duty because of the lack of work or other legitimate reason is vested in the Employer.
Section 2. If any action taken by the Employer is proven not to be justified, the employee shall receive all wages and benefits due for such period of time involved in the matter.
Section 3. The Employer may adopt reasonable rules and amend the same from time to time.
Management Rights Reserved. The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to:
A. Direct, supervise, hire, promote, transfer, assign, schedule, and retain employees; and, for proper cause, suspend, discipline and discharge employees.
B. Relieve employees from duties in accordance with the Santa Xxxxxx Municipal Code.
C. Determine the services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters.
D. Determine the appropriate job classifications and personnel by which government operations are to be conducted.
E. Determine the overall mission of the unit of government.
F. Maintain and improve the efficiency and effectiveness of government operations.
G. Take any necessary actions to carry out the mission of an agency in situations of emergency.
H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement.
Management Rights Reserved. Any and all rights concerned with the management, authority and operation of the City are exclusively that of the City and remain exclusively vested in the City except as modified by the expressed provisions of this Agreement. Examples of these rights include:
a) To plan, direct, control and determine the operations and services to be performed by employees of the City;
b) To determine the methods, means, number of personnel needed to carry out the aforementioned operations and services;
c) To hire, transfer and promote including determination of qualifications, and development of job descriptions;
d) To discipline and discharge regular full-time employees for just cause;
e) To discipline and discharge probationary employees for any lawful reason;
f) To enforce code of conduct;
g) To determine standards for employee performance and conduct;
h) To evaluate employees including use of or modification of performance appraisal programs;
i) To provide coaching of employees in the proper use of equipment and performance of job responsibilities which may include supervisory training in the operation of equipment or other tools;
j) To take all actions necessary to carry out the mission of the City in emergencies. An emergency means any unanticipated event threatening the health or safety of the City’s employees or the public, or to mitigate the imminent potential for property damage when IUOE resources are not immediately available. Except as provided in this Article or elsewhere in this Agreement, the City acknowledges its obligation to bargain with the Union over the effects and impacts of Management decisions that affect wages, hours and/or working conditions, upon written request of the Union.
Management Rights Reserved. The Employer agrees that all amenities and practices related to mandatory subjects of bargaining, now in effect but not specifically referred to in this Agreement, shall continue for the duration of this Agreement.
Management Rights Reserved. Except as clearly and explicitly abridged by any specific provision of this Agreement, the Employer reserves and retains exclusively all of its normal and inherent rights with respect to the planning, management and operation of the business and premises, including but not limited to: the right to determine the number of workers, whether fulltime or part-time, as well as which particular workers are needed to do any particular job or in any classification; the right to direct the workforces; the right to maintain order and efficiency, and to make and enforce security and safety rules and rules of conduct which are not in direct conflict with any of the provisions of this Agreement; the right to establish quantity and quality standards required to efficiently run business operations; the right to assign particular work to job classifications or positions; the right to eliminate and/or consolidate job classifications or positions; the right to determine the equipment, the source and methods of business operations, the schedule of such operations and the assignment of particular workers to particular business operations; the right to purchase or lease equipment or all other items used in the operation of the business and the determination of the sources from which the same shall be purchased or leased; the right to transfer and/or subcontract work to other companies and/or facilities maintained by the Employer, the right to determine the amount of supervision necessary, or otherwise to take such measures as management may determine to be necessary for the orderly, efficient and economic operation of the business.
Management Rights Reserved. The Board retains and reserves the ultimate responsibility for proper management of the School District conferred upon and vested in it by the statutes and Constitution of the State of Illinois and the United States, including but not limited to the responsibility for the right:
A. To maintain executive management and administrative control of the School District and its properties and facilities, and the professional activities of its employees as related to the conduct of school affairs.
B. To establish programs and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board.
C. To delegate authority through recognized administrative channels for the development and organization of the means and methods of instruction according to current written Board Policy or as the same may from time to time be amended, the selection of textbooks and other teaching materials and the utilization of teaching aids of all kinds.
Management Rights Reserved. Section 1. Prior to the time when the Association became the representative of the employees covered by this Agreement, the City had the right to conduct its operations and deal with its employees with complete freedom, except as its rights were bound and limited by law. By this Agreement, the City has agreed to certain express limitations on those rights. However, it is the intention of the parties hereto that the City retain, and the City does retain, each and every right and privilege that it ever had and enjoyed except as expressly limited by this Agreement.
Section 2. Without limiting the generality of the foregoing, the City reserves and retains, solely and exclusively, all rights of management which have not been expressly abridged by a specific provision of this Agreement and all of its Common Law rights to manage the City, as such rights existed prior to the execution of this or any previous Agreement with any Union or Employee Association. The sole and exclusive rights of management which are not abridged by this Agreement shall include, but are not limited to, its rights to determine the existence or non-existence of facts which are the basis of a management decision, to determine the nature, manner, and extent of services to be provided to the public, methods of financing, types of equipment to be used, to establish, continue, discontinue, or modify policies, practices, or procedures; to determine and from time to time re-determine the number, location, relocation and types of its operations, and the methods, processes and materials to be employed, including the right to introduce new or improved methods or facilities; to discontinue processes or operations, or to discontinue their performance by employees of the City, to determine the number of hours per day or per week operations shall be carried on, and the schedules thereof; to select, determine and schedule the number and types of employees required; to assign work to such employees in accordance with requirements determined by management; to establish and change work schedules and assignments; to transfer, reclassify, promote, or demote employees, to lay off, terminate, or otherwise relieve employees from duty for lack of work; to determine the facts of lack of work; to make and enforce safety rules and work rules for the maintenance of discipline; and all other prerogatives and responsibilities normally inherent in management, provided the same are not contrary to this Agreement. All man...
