Common use of MANAGEMENT RIGHTS, RULES AND REGULATIONS Clause in Contracts

MANAGEMENT RIGHTS, RULES AND REGULATIONS. 9.01 Except as, and to the extent specifically modified by the Agreement, all rights and prerogatives of management are retained by the Foundation. The Union recognizes that the management of the Foundation directs the control of it's properties and the maintenance of it's premises. 9.02 The Foundation shall have the right to make such reasonable rules and regulations, policy and practices, deemed necessary for the conduct and management of all performance and working conditions; the right to qualified personnel; the right to direct its work force and the right to dismiss for just cause. Further the Union agrees that all Employees it supplies shall obey all rules and direction of any authorized Foundation representative, (in so far they do not conflict with the terms of this Agreement, nor with the Constitution And By-Laws, as legally amended, of IATSE Local 461 or the Constitution of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Territories and Canada). 9.03 The Foundation will meet with the Union Business Agent and/or President to discuss any changes to policies and practices of the Foundation prior to enactment of said changes. The Union will meet with the Foundation within one week of notification of a proposed policy change. 9.04 The Foundation management person authorized by the Production Director may at anytime supervise or direct any employee provided that it does not displace Employees in one department by Employees in another department and that the SUPERVISOR of the crew of the jurisdiction involved is made aware of such circumstances before the time of such supervision or direction. The Foundation recognizes that no management or Design personnel shall perform any duties that are anywhere else in this Agreement specified or implied to be the duties of personnel covered in this Agreement. 9.05 The Foundation shall have the right to determine: the location and extent of it's operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; the products to be produced; the standards of production; whether to make or buy goods and whether to perform or contract for services; the schedules of work and/or production and/or performance; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the use of improved or changed methods, machinery and equipment; whether there shall be overtime work and, in consultation with the appropriate Department Head(s), who shall perform such work; the number of Employees needed by the Foundation at any time and how many shall operate or work on any job, operation, machine, or crew; starting and quitting time; methods to be used to ensure the security of the Foundation's property. Generally, the right to manage the enterprise and its business without interference, is solely and exclusively the right of the Foundation. 9.06 The Foundation will not exercise its management rights contrary to any express provision of this Agreement.

MANAGEMENT RIGHTS, RULES AND REGULATIONS. 9.01 4.01 Except as, and to the extent specifically modified by the Agreement, all rights and prerogatives of management are retained by the FoundationFestival. The Union recognizes that the management of the Foundation Festival directs the control of it's its properties and the maintenance of it's its premises. 9.02 4.02 The Foundation exercise of such rights shall include but not be limited to: (a) the right to hire, assign, increase or decrease the working force, promote, demote, retire, classify, transfer, discharge or discipline Employees subject to the terms of this Agreement; (b) the determination of the number of productions, the type of production, selection of productions, scheduling of productions and work methods to be followed, position duties, responsibilities and necessary qualifications, and staff complement. 4.03 The parties agree that the Festival has the right to continue to use the services of volunteers in accordance with past practice. The parties further agree that bargaining unit work can be performed by Senior Manager, Audience Services and Facilities / Food and Beverage Manager / House Manager Festival / House Manager Court House / House Manager Royal Xxxxxx / Senior Manager, Ticket and Membership Sales / Manager, Retail Sales / Manager, Group and Special Ticketing / Box Office Manager / Coordinator, Ticketing /Assistant Coordinator, Group Ticketing / Supervisor, Retail and Ticketing and Supervisor, Box Office, in accordance with past practice. The parties further agree that the Employees holding the positions listed herein will not be scheduled to, or regularly perform bargaining unit work. 4.04 The Festival shall have the right to make such reasonable rules and regulations, policy and practices, deemed necessary for the conduct and management of all performance and working conditions; the right to qualified personnel; the right to direct its work force and the right to dismiss for just cause. Further the Union agrees that all Employees it supplies shall obey all rules and direction of any authorized Foundation Festival representative, (in so far as they do not conflict with the terms of this Agreement, nor with the Constitution And By-Laws, as legally amended, Laws of IATSE Local 461 or the Constitution and By-Laws of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Its Territories and Canada). 9.03 4.05 The Foundation Festival will meet with the Union Business Agent and/or President to discuss any changes to policies and practices of the Foundation Festival prior to enactment of said changes. The Union will meet with the Foundation Festival within one week of notification of a proposed policy change. 9.04 4.06 The Foundation Festival management person authorized by the Production Director Senior Manager, Audience Services and Facilities or Senior Manager, Ticket and Membership Sales may at anytime any time supervise or direct any employee Employee provided that it does not displace Employees in one department by Employees in another department and that the SUPERVISOR of the crew of the jurisdiction involved is made aware of such circumstances before the time of such supervision or direction. The Foundation recognizes that no management or Design personnel shall perform any duties that are anywhere else in this Agreement specified or implied to be the duties of personnel covered in this Agreementdepartment. 9.05 4.07 The Foundation Festival shall have the right to determine: the location and extent of it's its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; the products to be produced; the standards of production; whether to make or buy goods and whether to perform or contract for services; the schedules of work and/or production and/or performance; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the use of improved or changed methods, machinery and equipment; whether there shall be overtime work and, in consultation with the appropriate Department Head(s), and who shall perform such work; the number of Employees needed by the Foundation Festival at any time and how many shall operate or work on any job, operation, machine, or crew; starting and quitting time; methods to be used to ensure the security of the FoundationFestival's property. Generally, the right to manage the enterprise and its business without interference, is solely and exclusively the right of the FoundationFestival. 9.06 4.08 The Foundation Festival will not exercise its management rights contrary to any express provision of this Agreement. 4.09 The Festival acknowledges its legal responsibility to establish a Freedom from Harassment policy in its workplace. The Union, having received a copy, recognizes and supports the Freedom from Harassment policy established by the Festival. The Festival agrees that it will establish and maintain a workplace free from harassment in accordance with the above mentioned policy. The Festival further agrees and undertakes to supply to all Employees a copy of the Festival’s Freedom from Harassment policy. The Union agrees to support the Festival in any training provided to Employees by the Festival.

MANAGEMENT RIGHTS, RULES AND REGULATIONS. 9.01 4.01 Except as, and to the extent specifically modified by the Agreement, all rights and prerogatives of management are retained by the Foundation. The Union recognizes that the management of the Foundation directs the control of it's its properties and the maintenance of it's its premises. 9.02 4.02 The exercise of such rights shall include but not be limited to: (a) the right to hire, assign, increase or decrease the working force, promote, demote, retire, classify, transfer, discharge or discipline Employees subject to the terms of this Agreement; (b) the determination of the number of productions, the type of production, selection of productions, scheduling of productions and work methods to be followed, position duties, staff complement. 4.03 The parties agree that the Foundation has the right to continue to use the services of volunteers in accordance with past practice. The parties further agree that bargaining unit work can be performed by the Senior Manager, Retail and Ticket Sales, Senior Manager, FOH Operations, Ticket Sales Manager, Assistant Ticket Sales and Retail Manager, House Manager Court House Theatre, House Manager Royal Xxxxxx Theatre, House Manager Festival Theatre, Food and Beverage Manager, Assistant Food and Beverage Manager, Inventory and Purchasing Coordinator in accordance with past practice. The parties further agree that the Employees holding the positions listed herein will not be scheduled to perform bargaining unit work. 4.04 The Foundation shall have the right to make such reasonable rules and regulations, policy and practices, deemed necessary for the conduct and management of all performance and working conditions; the right to qualified personnel; the right to direct its work force and the right to dismiss for just cause. Further the Union agrees that all Employees it supplies shall obey all rules and direction of any authorized Foundation representative, (in so far as they do not conflict with the terms of this Agreement, nor with the Constitution And By-Laws, as legally amended, Laws of IATSE Local 461 or the Constitution and By-Laws of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Its Territories and Canada). 9.03 4.05 The Foundation will meet with the Union Business Agent and/or President to discuss any changes to policies and practices of the Foundation prior to enactment of said changes. The Union will meet with the Foundation within one week of notification of a proposed policy change. 9.04 4.06 The Foundation management person authorized by the Production Director Director, Market Development and Sales may at anytime any time supervise or direct any employee Employee provided that it does not displace Employees in one department by Employees in another department and that the SUPERVISOR of the crew of the jurisdiction involved is made aware of such circumstances before the time of such supervision or direction. The Foundation recognizes that no management or Design personnel shall perform any duties that are anywhere else in this Agreement specified or implied to be the duties of personnel covered in this Agreementdepartment. 9.05 4.07 The Foundation shall have the right to determine: the location and extent of it's its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; the products to be produced; the standards of production; whether to make or buy goods and whether to perform or contract for services; the schedules of work and/or production and/or performance; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the use of improved or changed methods, machinery and equipment; whether there shall be overtime work and, in consultation with the appropriate Department Head(s), and who shall perform such work; the number of Employees needed by the Foundation at any time and how many shall operate or work on any job, operation, machine, or crew; starting and quitting time; methods to be used to ensure the security of the Foundation's property. Generally, the right to manage the enterprise and its business without interference, is solely and exclusively the right of the Foundation. 9.06 4.08 The Foundation will not exercise its management rights contrary to any express provision of this Agreement.

MANAGEMENT RIGHTS, RULES AND REGULATIONS. 9.01 4.01 Except as, and to the extent specifically modified by the Agreement, all rights and prerogatives of management are retained by the Foundation. The Union recognizes that the management of the Foundation directs the control of it's its properties and the maintenance of it's its premises. 9.02 4.02 The exercise of such rights shall include but not be limited to: (a) the right to hire, assign, increase or decrease the working force, promote, demote, retire, classify, transfer, discharge or discipline Employees subject to the terms of this Agreement; (b) the determination of the number of productions, the type of production, selection of productions, scheduling of productions and work methods to be followed, position duties, staff complement. 4.03 The parties agree that the Foundation has the right to continue to use the services of volunteers in accordance with past practice. The parties further agree that bargaining unit work can be performed by Senior Manager, Front-of-House Operations / Food and Beverage Manager / House Manager Festival / House Manager Court House / House Manager Xxxxx Xxxxxx / Senior Manager, Retail and Ticket Sales / Manager, Retail and Web Sales / Group Ticketing and Services Manager / Reports and Scheduling Coordinator / Assistant Coordinator, Group Ticketing / Supervisor, Retail and Ticketing / and Supervisor, Box Office, in accordance with past practice. The parties further agree that the Employees holding the positions listed herein will not be scheduled to perform bargaining unit work. 4.04 The Foundation shall have the right to make such reasonable rules and regulations, policy and practices, deemed necessary for the conduct and management of all performance and working conditions; the right to qualified personnel; the right to direct its work force and the right to dismiss for just cause. Further the Union agrees that all Employees it supplies shall obey all rules and direction of any authorized Foundation representative, (in so far as they do not conflict with the terms of this Agreement, nor with the Constitution And By-Laws, as legally amended, Laws of IATSE Local 461 or the Constitution and By-Laws of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Its Territories and Canada). 9.03 4.05 The Foundation will meet with the Union Business Agent and/or President to discuss any changes to policies and practices of the Foundation prior to enactment of said changes. The Union will meet with the Foundation within one week of notification of a proposed policy change. 9.04 4.06 The Foundation management person authorized by the Production Director Director, Audience Sales and Services may at anytime any time supervise or direct any employee Employee provided that it does not displace Employees in one department by Employees in another department and that the SUPERVISOR of the crew of the jurisdiction involved is made aware of such circumstances before the time of such supervision or direction. The Foundation recognizes that no management or Design personnel shall perform any duties that are anywhere else in this Agreement specified or implied to be the duties of personnel covered in this Agreementdepartment. 9.05 4.07 The Foundation shall have the right to determine: the location and extent of it's its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; the products to be produced; the standards of production; whether to make or buy goods and whether to perform or contract for services; the schedules of work and/or production and/or performance; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the use of improved or changed methods, machinery and equipment; whether there shall be overtime work and, in consultation with the appropriate Department Head(s), and who shall perform such work; the number of Employees needed by the Foundation at any time and how many shall operate or work on any job, operation, machine, or crew; starting and quitting time; methods to be used to ensure the security of the Foundation's property. Generally, the right to manage the enterprise and its business without interference, is solely and exclusively the right of the Foundation. 9.06 4.08 The Foundation will not exercise its management rights contrary to any express provision of this Agreement.