MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to: 1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District; 2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days; 3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees; 4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein; 5. Adopt reasonable rules and regulations; 6. Determine the qualifications of employees, including physical conditions; 7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; 8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies; 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and 11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 12 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
MANAGEMENT RIGHTS. 3.1 The District Union acknowledges that the Company has the exclusive right to manage the affairs of the Company and retains all rights, powers and authority vested in it by the laws and Constitution Company had prior to the signing of Michigan and the United States. All policies of the Board of Educationthis Agreement, except those specifically abridged, delegated, granted or powers which have been properly exercised by it, shall remain unaffected modified by this Agreement and in full force and effect, unless and until changed by Agreement. Without restricting the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all generality of the foregoing, but not in conflict with the specific provisions Union acknowledges that it is the exclusive right of this Agreement, the Company:
a) to set the broadcasting policy and broadcasting standards of the right to establish, modify or change any work or business hours or daysCompany;
3. Direct the working forces, including the right b) to hire, promote, suspend demote, transfer and discharge reclassify employees, transfer employees, assign work or extra duty to employees, determine judge and evaluate personnel qualifications and employee performance; and also the size right of the work force Company to discipline, suspend or discharge any employee for just and sufficient cause, or a probationary employee for reasonable cause, provided that a claim by an employee that he/she has been demoted, disciplined, suspended or discharged without just and sufficient cause, or a probationary employee for reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided.
3.2 The Union further acknowledges the right of the Company to lay off employees;
4operate and manage its business, control its properties and maintain order of its premises in all respects in accordance with its commitments and responsibilities. Determine The direction of the servicesworking forces, supplies the amount and equipment necessary to continue its operations type of supervision necessary, the number and to determine the methodstypes of machines and technical equipment, schedules procedures and standards of operation, the meanscontent of programs, methods, and processes of carrying the right to decide on the work including automation thereof or changes thereinnumber of employees needed by the Company at any time, operating schedules and the institution selection, procurement, design and engineering of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine equipment which may be incorporated into the qualifications Company’s places of employees, including physical conditions;
7. Determine the location or relocation of its facilitiesbusiness, including the establishment change of all or locations any of the foregoing from time to time, control over all operations, building, machinery equipment, and employees are solely and exclusively the responsibilities of the Company.
3.3 Before implementing new schoolsrules and regulations directly affecting the general working conditions, buildings, departments, divisions or subdivisions thereof the Company will advise and explain such proposed rules and regulations to the Union.
3.4 The Union and the relocation Company agree that constructive and meaningful dialogue between the parties is desirable and necessary in the workplace. To this end, the Company and the Union agree to meet in a “joint committee” format on a quarterly basis or closing when required on an ad hoc basis. The terms of officesreference and mandate of the Committee shall be as determined by the parties. The Committee’s purpose shall be to deal with issues of concern to the parties, departmentsas well as act as a general information exchange. Each party may designate three (3) persons to form the Committee. This Committee, divisions or subdivisionswhile it may resolve issues, buildings or other facilities;
8is not a substitute for the grievance procedure set out within this Agreement. Determine the placement of operations, productions, services, maintenance or distribution of workConfidentiality will be maintained, and minutes as well as communication releases are subject to mutual agreement. No rights enjoyed by either party will be waived due to the source operation of materials this Committee.
3.5 The Company agrees that the exercise of these rights and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size powers in conflict with any of the management organization, its functions, authority, amount provisions of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on shall be subject to the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsprovisions of the grievance procedure.
Appears in 9 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT RIGHTS. The A. Nothing contained herein shall be considered to deny or restrict the District retains all of its rights, powers responsibilities, and authority vested in it under the Revised School Code or any other laws or regulations.
B. Except as expressly abridged by the laws provisions of this Agreement, it is agreed that all rights which ordinarily vest in and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall continue to vest exclusively in and be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such District. Such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, illustration and not by way of limitation, the right to:
1. Manage and control the schools' its business, the its equipment, the operations and to direct the working forces and affairs of the School District;its operations.
2. Continue its rights rights, policies, and past practice practices of assignment and the direction of all of its personnel, determine the number of shifts personnel and hours of work and starting times and scheduling of all of 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 hours or days;scheduling.
3. Direct the working forces, including the right to hire, assign, promote, suspend and discharge employeesevaluate, discipline, transfer employees, assign work or extra duty to employees, and determine the size of the work force and to lay off employees;force.
4. Determine the programs, curriculum, services, supplies supplies, and equipment necessary to continue its operations operation, and to determine the methods, schedules establish standards for their use and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;.
5. Adopt reasonable rules and regulations;regulations pertaining to the operation and administration of the school system and to define the descriptions and requirements of all jobs.
6. Determine the qualifications of employees, including physical conditions;the essential job functions of employees.
7. Determine overall goals and objectives as well as all policies affecting the educational programs.
8. Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and the table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andorganization.
10. Determine all financial policies, including all accounting procedures, and all matters pertaining to public relations.
11. Determine class scheduling, as well as the policy affecting duties and responsibilities of the selection, testing or training teaching staff and other employees with respect to such scheduling.
C. The exercise of employees. The Board recognizes that this Agreement sets forth limitations on the above named foregoing powers, rights, authoritiesauthority, dutiesduties and responsibilities of the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and responsibilities, the use of judgment and hereby agrees to discretion in connection therewith shall be bound limited only by such limitationsthe specific and express terms of the Agreement and any Letters of Understanding that are issued.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers A. It is understood and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by agreed that the District which shall be exercised exclusively by possesses the District without prior negotiations with right to operate and manage all schools, departments and programs and to direct the Association either as work force.
B. These management rights include, but are not limited to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right tofollowing:
1. Manage Determine unilaterally the purpose and control the schools' business, the equipment, the operations and to direct the working forces and affairs mission of the Broward County School District;System and all of the departments, agencies and programs under its jurisdiction.
2. Continue its rights and past practice Set standards of assignment and service to be offered to the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;public.
3. Exercise control and discretion over its organization and employees and establish employee calendars and job descriptions.
4. Direct the working forcesits employees and establish standards of performance and conduct, including the right to hiremake reasonable rules and regulations for the purpose of efficiency, promote, suspend safe practices and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;corrective action.
5. Adopt reasonable rules and regulations;Take corrective action for just cause.
6. Determine the qualifications amount of employeeswork needed and, including physical conditions;in accordance with such determination, relieve employees from duty or reduce their work hours for lack of work, lack of funds and/or such reason as the District determines is essential.
7. Determine the location Hire, promote, transfer or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;assign employees.
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;Schedule overtime work as required.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;Contract out (subcontract) for goods or services.
10. Determine Introduce new, improved or different methods and techniques of operation or work procedure.
C. The parties acknowledge that during the size negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement, including its supplements and exhibits attached hereto, concludes all collective bargaining between the parties during the term hereof, and constitutes the sole, entire and existing Agreement between the parties hereto, and supersedes all prior agreements, oral and written, express or implied, or practices, between the District and the (employee organization) and expresses all obligations and restrictions imposed on each of the management organizationrespective parties during its term.
D. The parties expressly waive and relinquish the right to bargain collectively with respect to any subject or matter whether referred to or covered in this Agreement, its functions, authority, amount even though each subject or matter may not have been within the knowledge or contemplation of supervision and table of organization provided that either party at the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing time they negotiated or training of employees. The Board recognizes that executed this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, even though such subjects or matters were proposed and hereby agrees to be bound by such limitationslater withdrawn.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it have been exercised by the laws Employer, except those which are clearly and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively expressly relinquished herein by the District which Employer, shall continue to vest exclusively in and be exercised exclusively by the District Employer without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence consequences of such action during the term of this Agreement the Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right to:
1. Manage manage and control the schools' school’s business, the equipment, the operations and operation; and to direct the working forces and affairs of the School District;Employer.
2. Continue its rights assign and past practice of assignment and direct the direction work of all of its personnel, ; determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to ; establish, modify modify, or change any work or business hours or days;; and to establish the terms and conditions of employment and its work force.
3. Direct direct the working forces, including the right to hire, promote, suspend suspend, and discharge employees, ; transfer employees, ; assign work or extra duty duties to employees, employees within their respective classifications; determine the size of the work force force; subcontract; and to lay lay-off employees;
4. Determine determine the type of services, supplies supplies, and equipment necessary to continue its operations and to operations; determine the means, methods, schedules schedules, and standards of operation, ; determine the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, ; and determine the institution of new and/or improved methods or of changes therein;.
5. Adopt adopt reasonable rules and regulations;.
6. Determine determine the qualifications of employees, including physical qualifications and conditions;; and to determine the policy with respect to drug and alcohol testing of bus drivers.
7. Determine determine the number and location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings buildings, or other facilities;.
8. Determine determine the placement of operations, productionsproduction, servicesservice, maintenance or distribution of work, and the source of materials and supplies;.
9. Determine determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;.
10. Determine determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andstructure.
11. Determine determine the policy affecting the selection, testing testing, or training of new employees, providing that such selection shall be based upon lawful criteria.
12. determine assignment of buses and where buses are parked, stored, and housed, both during and outside work hours; and to determine all bus routes. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilitiesresponsibilities by the Employer, the adoption of policies, rules, regulations, and hereby agrees to practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be bound limited only by such limitationsthe specific and express terms of this agreement and are in conformance with the Constitution and laws of the State of Michigan, and the Constitution and laws of the United States.
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Administrator Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby xxxxxx agrees to be bound by such limitations.
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
MANAGEMENT RIGHTS. A. The District District, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself all rightspowers, powers rights and authority vested authority, duties, and responsibilities conferred upon and invested in it by the laws and Constitution of Michigan and the United Statesstate of Oregon. All policies of the Board of EducationSuch powers, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers authority, duties and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement responsibilities shall include by way of illustration, but are not by way of limitation, limited to the right to:
1. Manage The executive management and administrative control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School Districtschool system and its properties and facilities;
2. Continue its rights Hire all employees and past practice the right to determine their job description, qualifications and the conditions of their continued employment, or their discipline, suspension, dismissal, demotion, promotion or transfer;
3. The unqualified right of assignment and the direction of work of all of its personnel, to determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but foregoing(but not in conflict with the specific provisions of this Agreement), and the right to establish, modify modify, or change any work or business hours or days;
34. Direct the working forces, including the The unqualified right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine establish the size of the work force and to lay off employeesschool calendar;
45. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine operations; the methods, schedules schedules, and standards of operation, ; the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, ; the institution of new and/or improved methods or changes therein;
56. Adopt reasonable rules and regulations;
67. Determine the qualifications of employees, including physical conditions;
78. Determine the location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions service areas or subdivisions thereof and the relocation or closing of offices, departments, divisions service areas or subdivisions, buildings or other facilities;
89. Determine the placement of operations, productionsproduction, services, maintenance maintenance, or distribution of work, work and the source of materials and supplies;
910. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;
1011. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andorganization;
1112. Determine the policy affecting the selection, testing testing, or training of employees, provided the selection is based on lawful criteria. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, dutiesduties and responsibilities by the District shall be limited only by the specific, written terms of this Agreement and responsibilities, then only to the extent that such terms are in conformance with the Constitution and hereby agrees to be bound by such limitationsthe laws of the state of Oregon.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. 8.1 The District retains all of its rights, powers powers, functions and authority vested in it by to direct, manage and control the laws and Constitution of Michigan and the United States. All policies affairs of the Board District to the full extent of Education, or the law but not in violation of the law. Such exclusive rights and powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustrationinclude, but are not by way of limitation, the right limited to:
1. Manage 8.1.1 The right to establish educational policies, goals and control the schools' business, the equipment, the operations objectives and to direct the working forces ensure rights and affairs of the School Districteducational opportunities for students;
2. Continue its rights 8.1.2 The right to determine the kinds and past practice levels of assignment service to be provided to the students and to the public and the direction nature, methods, quantity, quality, frequency and standards of all of providing such service, including the facilities, supplies, materials and equipment to be used in connection with such service;
8.1.3 The right to determine its personnelorganizational structure, determine including staffing patterns and the number and kinds of shifts personnel required;
8.1.4 The right to determine times and hours of operation and the right to assign, schedule, and direct the work of employees and starting times determine standards of performance;
8.1.5 The right to hire, discipline and scheduling terminate employees;
8.1.6 The right to determine its financial structure, including decisions relating to sources of all District income, budgetary matters and procedures, payroll practices, fiscal and budget control policies and procedures and budgetary allocations, reserves and expenditures;
8.1.7 The right to build, move or modify facilities;
8.1.8 The right to require employees to comply with District, college and North Orange Continuing Education rules and regulations not inconsistent with this Agreement;
8.2 The exercise of the foregoingforegoing powers, but not rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations, and practices in conflict with furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific provisions and express terms of this Agreement, and then only to the right extent such specific and express terms are in conformance with the law.
8.3 It is further understood and agreed that all rights heretofore exercised by, or inherent in the District, and not expressly contracted away by terms of this Agreement, are retained solely by the District. Failure by the District to establishexercise any of said rights, modify or change any work to exercise them in a particular manner, shall not be deemed as a waiver of such rights or business hours or days;
3. Direct preclude the working forces, including District thereafter from exercising them in some manner at the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size discretion of the work force District.
8.4 The contractual rights of the Union and to lay off employees;
4Unit Members are set forth in other articles of this Agreement. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the This Article is not a source of materials such rights and supplies;
9. Determine the financial policiesaccordingly, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that no grievances may be filed under this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsArticle.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of Nothing contained herein shall be considered to deny or restrict the Board of Educationits rights, responsibilities and authority under the Michigan Revised School Code or powers any other laws or regulations. Except as expressly abridged by the provisions of this Agreement, it is agreed that all rights which ordinarily vest in and have been properly exercised by it, the Board shall remain unaffected by this Agreement continue to vest exclusively in and in full force and effect, unless and until changed be exercised by the Board. Not Such rights include, by way of limitation, the Board reserves unto itself all rights, powers illustration and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. (A) Manage and control the schools' its business, the equipmentits facilities, the operations its equipment and to direct the working forces and affairs of the School District;its operation.
2. (B) Continue its rights rights, policies, and past practice practices of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;scheduling.
3. (C) Direct the working forces, including the right to hire, promote, suspend and discharge employeesassign, discipline, transfer employees, assign work or extra duty to employees, and determine the size of the work force and to lay off employees;force.
4. (D) Determine the services, supplies 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;operations.
5. (E) Adopt reasonable rules and regulations;.
6. (F) Determine the qualifications of employees.
(G) Determine overall goals and objectives, including physical conditions;as well as the policies affecting the programs of the school district.
7. (H) Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions divisions, or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. (I) Determine the size and content of the management organization, its functions, authority, amount of supervision and table of organization provided the organizational chart.
(J) Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. It is further recognized that the District shall not abridge any rights of employees as specifically provided Board, in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, meeting such responsibilities and in exercising its power and rights, authorities, duties, acts through its administrative and responsibilities, and hereby agrees to be bound by such limitationssupervisory staff.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. A. The District Employer, on its behalf and on behalf of the electors of the School District, hereby retains and reserves unto itself, without limitations, all powers, rights, powers authority, duties, and authority responsibilities to manage, direct, and control the School District, as conferred upon and vested in it by the laws and the Constitution of the State of Michigan and of the United States. All policies States or as normally reserved and exercised by employers, including, but without limiting the generality of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitationforegoing, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right toright:
1. Manage To the executive management and administrative control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School Districtschool system and its properties and facilities;
2. Continue its rights To manage and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct direct the working forces, including the right to hire, promote, suspend suspend, discharge and discharge demote employees, ; transfer employees, ; assign work or extra duty to employees, ; determine the size of the work force and to lay off employees; said rights shall be in accordance with applicable state and federal laws and shall not conflict with the express provisions of this Agreement;
43. Determine To 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 work, including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
54. Adopt reasonable rules and regulations;
6. Determine To determine the qualifications of employees, including physical conditions;
75. Determine To determine the number and location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings building or other facilities;
86. Determine the placement of operations, productions, services, maintenance or distribution of work, To determine all financial and the source of materials and supplieseducational policies;
97. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine To determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that organization;
8. To establish grades 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 District shall not abridge any rights Employer;
9. To decide upon the goals and objectives of instruction, and to make the selection of textbooks and other teaching materials, and various teaching aids;
10. To determine class schedules, the hours of instruction, and the duties, responsibilities, and assignments of Bargaining Unit Members and other employees as specifically provided in with respect thereto, and non-teaching activities within the Agreement; andscheduled hours of employment, and the terms and conditions of employment.
11. Determine B. The exercise of the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named foregoing powers, rights, authoritiesauthority, dutiesduties and responsibilities by the Employer, the adoption of policies, rules, regulations, and responsibilitiespractices in furtherance thereof, and hereby agrees the use of judgment and discretion in connection therewith, shall be limited only by the express terms of this Agreement, and then only to be bound by the extent such limitationsexpress terms thereof are in conformance with the Constitution and the laws of the State of Michigan and the Constitution and laws of the United States. Nothing within this Agreement shall abrogate or limit any right given the Employer under the laws of the State of Michigan, the Constitution, or the laws of the United States.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District A. It is agreed that the Board hereby retains and reserves unto itself, without limitation and without prior negotiation with the Association, all the powers, rights, powers authority, duties, and authority responsibilities conferred upon and vested in it by the laws and Constitution the Constitutions of the State of Michigan and of the United States. All policies , including, but without limiting the generality of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitationforegoing, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage The executive management and administrative control of the schools' businessXxXxxx Public School District, the its properties, equipment, the facilities, and operations and to direct the working forces activities and affairs of the School Districtits employees;
2. Hire all employees and subject to the provisions of the law, to determine their qualifications and the conditions of their continued employment or their dismissal or demotion and to promote, transfer and assign all such employees and to determine the size of the work force and lay off employees;
3. Establish or revise policies and adopt reasonable rules and regulations;
4. Continue or revise its rights policies and past practice practices of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times personnel, and scheduling of all of the foregoing, but and the right to establish, modify, or change any work or business or school hours or days, not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
45. Determine the services, supplies supplies, and equipment necessary to continue for its operations and to determine all methods and means of distributing, disseminating and/or selling its services and the methods, schedules schedules, and standards of operationoperations, the means, methods, and processes of carrying on the work work, including automation or contracting thereof or changes therein, and the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine When necessary, to determine the qualifications ability of employees, including employees to perform satisfactorily through a physical conditionsand/or mental examination by appropriate medical personnel provided that any such examination shall be at the Employer's expense;
7. Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings buildings, or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, operations and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management administrative organization, its functions, authority, amount of supervision and table of organization provided that organization.
B. The exercise of the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilitiesresponsibilities by the Board, the adoption of policies, rules, regulations, and hereby agrees practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof, are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States.
C. Notwithstanding any provision of this Agreement, it is agreed that the Board has the right to take any action or make any accommodation that may be bound by such limitationsnecessary to comply with the Americans With Disabilities Act (ADA) or other laws that prohibit discrimination.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of Nothing contained herein shall be considered to deny or restrict the Board of Educationits rights, responsibilities, and authority under the Michigan Revised School Code or powers any other laws or regulations. Except as expressly abridged by this Agreement, it is agreed that all rights which ordinarily vest in and have been properly exercised by it, the Board shall remain unaffected by this Agreement continue to vest exclusively in and in full force and effect, unless and until changed be exercised by the Board. Not Such rights include, by way of limitation, the Board reserves unto itself all rights, powers illustration and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. (A) Manage and control the schools' its business, the its facilities, its equipment, the operations and to direct the working forces and affairs of the School District;its operation.
2. (B) Continue its rights rights, policies, and past practice practices of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;scheduling.
3. (C) Direct the working forces, including the right to hire, promote, suspend assign, discipline, transfer, and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;force.
4. (D) Determine the services, supplies 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;operations.
5. (E) Adopt reasonable rules and regulations;.
6. (F) Determine the qualifications of employees.
(G) Determine overall goals and objectives, including physical conditions;as well as the policies affecting the programs of the School District.
7. (H) Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions divisions, or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. (I) Determine the size and content of the management organization, its functions, authority, amount of supervision and table of organization provided the organizational chart.
(J) Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. It is further recognized that the District shall not abridge any rights of employees as specifically provided Board, in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, meeting such responsibilities and in exercising its power and rights, authorities, duties, acts through its administrative and responsibilities, and hereby agrees to be bound by such limitationssupervisory staff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains 3.01 Save and except to the extent specifically modified or curtailed by any provisions of this Collective Agreement, all rights, powers rights and authority vested in it prerogatives which the Board had prior to the execution of this Collective Agreement are retained by the laws Board and Constitution remain exclusively and without limitation within the rights of Michigan the Board. The right to manage and conduct the United States. All policies business of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, is vested exclusively with the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoeverits administration. Rights reserved exclusively herein by Without limiting the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all generality of the foregoing, but not in conflict with the specific provisions of this Agreement, and Board’s rights shall include:
i. the right to establishmaintain order, modify or change any work or business hours or daysdiscipline and efficiency, and in connection therewith, to make, alter and enforce from time to time, rules and regulations, policies and practices, to be observed by its employees;
3ii. Direct the right to select, hire, assign, evaluate, promote, demote, transfer, classify, assign to shifts, lay-off, recall, reprimand, and retire employees;
iii. the right to determine, fix, alter, make studies of and institute changes in tasks, work assignments, job duties, job qualifications, work loads, job classifications, quality and quantity standards; to select and retain employees for positions excluded from the bargaining unit and to transfer employees into the bargaining unit;
iv. the right to determine: the location and extent of its operations and commencement, curtailment, or discontinuance; the direction of the working forces, including ; the right services to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine be furnished; the size sub-contracting of work; the work force and to lay off employees;
4. Determine schedules of work; the services, supplies and equipment necessary to continue its operations and to determine number of shifts; the methods, schedules processes and standards means of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine performing work; the qualifications of employees; to use improved methods, including physical conditionsmachinery and equipment; overtime; to decide the number of hours to be worked; starting and quitting time; are solely and exclusively the right of the Board;
7v. the right to determine: the services, objectives and all activities of the Board; purchasing of services; the right to plan, direct, control, manage, operate, extend, curtail, limit and discontinue the organization; are solely and exclusively the right of the Board;
vi. Determine the location or relocation of its facilities, including the establishment or locations of new schoolssole and exclusive jurisdiction over all operations, buildings, departmentsmachinery, divisions or subdivisions thereof tools and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District equipment shall not abridge any rights of employees as specifically provided be vested in the Agreement; andBoard.
11. Determine the policy affecting the selection, testing 3.02 It is agreed that all functions not referred to or training of employees. The Board recognizes that limited by this Collective Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees shall be considered residual to be bound by such limitations3.01.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT RIGHTS. Section 3.1 The District retains all rights, powers City remains and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rightspowers, powers rights authority, duties and privileges inherent responsibilities which statutorily and ordinarily belong to or may be exercised by public employers in it or conferred upon it from any source whatsoeverthe State of Illinois, and has the sole and exclusive right and authority to operate and direct the affairs of the City and all of its departments. Rights reserved exclusively herein by In interpreting this provision, the District which City shall be exercised exclusively by deemed to have retained in unlimited fashion all rights that it has not expressly modified or relinquished in the District without prior negotiations with Agreement. Accordingly, except as expressly modified or relinquished in the Association either as to Agreement, the taking of action under such City’s reserved and retained rights or with respect to the consequence of such action during the term of this Agreement shall include include, by way of illustration, illustration and not by way of limitation, the right discretion and right, from time-to:
1. Manage -time, to: determine its mission and control set standards of service offered to the schools' businesspublic; maintain absolute discretion regarding its overall budget; plan, direct, control, and determine the equipmentorganization structure, composition, function and operations of all City departments and subdivisions; determine the operations size and to direct the working forces and affairs composition of the School District;
2. Continue its rights workforce; establish the qualifications for and past practice of assignment select all City employees and the direction of all of its personnelsupervise and direct their work; assign, allocate, evaluate and transfer employees; determine the number of shifts and hours of work and starting times shifts per work week; establish and scheduling change work schedules and work assignments; introduce new methods of all operation; eliminate, contract, relocate or transfer work; establish work standards and maintain efficiency; suspend, demote, discipline or discharge employees for just cause; layoff or relieve employees from duty because of lack of work or other legitimate reasons; and establish and enforce reasonable rules, regulations and policies.
Section 3.2 Subject to the provisions of Sections 4 and 7 of the foregoingIllinois Public Labor Relations Act, but inherent managerial functions, prerogatives, and policy making rights and the impact thereof, whether listed above or not, that the City has not in conflict expressly restricted by a specific provision of this Agreement remain vested exclusively with the specific provisions City and are not subject to the grievance and arbitration procedures contained herein. The exercise or non-exercise of rights retained by the City shall not be deemed to waive any such right or the discretion to exercise any such right in some other way in the future. The City shall not exercise its right in a manner that is arbitrary, capricious, or contrary to the terms of this Agreement, and .
Section 3.3 The employer may employ part time officers to the right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided extent set forth in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationspatrol officer’s contract.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. 8.1 The District retains all of its rights, powers powers, functions and authority vested in it by to direct, manage and control the laws and Constitution of Michigan and the United States. All policies affairs of the Board District to the full extent of Education, or the law but not in violation of the law. Such exclusive rights and powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustrationinclude, but are not by way of limitation, the right limited to:
1. Manage 8.1.1 The right to establish educational policies, goals and control the schools' business, the equipment, the operations objectives and to direct the working forces ensure rights and affairs of the School Districteducational opportunities for students;
2. Continue its rights 8.1.2 The right to determine the kinds and past practice levels of assignment service to be provided to the students and to the public and the direction nature, methods, quantity, quality, frequency and standards of all of providing such service, including the facilities, supplies, materials and equipment to be used in connection with such service;
8.1.3 The right to determine its personnelorganizational structure, determine including staffing patterns and the number and kinds of shifts personnel required;
8.1.4 The right to determine times and hours of operation and the right to assign, schedule, and direct the work of employees and starting times determine standards of performance;
8.1.5 The right to hire, discipline and scheduling terminate employees;
8.1.6 The right to determine its financial structure, including decisions relating to sources of all District income, budgetary matters and procedures, payroll practices, fiscal and budget control policies and procedures and budgetary allocations, reserves and expenditures;
8.1.7 The right to build, move or modify facilities;
8.1.8 The right to require employees to comply with District, college and School of Continuing Education rules and regulations not inconsistent with this Agreement;
8.2 The exercise of the foregoingforegoing powers, but not rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations, and practices in conflict with furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific provisions and express terms of this Agreement, and then only to the right extent such specific and express terms are in conformance with the law.
8.3 It is further understood and agreed that all rights heretofore exercised by, or inherent in the District, and not expressly contracted away by terms of this Agreement, are retained solely by the District. Failure by the District to establishexercise any of said rights, modify or change any work to exercise them in a particular manner, shall not be deemed as a waiver of such rights or business hours or days;
3. Direct preclude the working forces, including District thereafter from exercising them in some manner at the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size discretion of the work force District.
8.4 The contractual rights of the Union and to lay off employees;
4Unit Members are set forth in other articles of this Agreement. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the This Article is not a source of materials such rights and supplies;
9. Determine the financial policiesaccordingly, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that no grievances may be filed under this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsArticle.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. 3.01 The District retains Union recognizes and agrees that except as specifically abridged or modified by this Agreement, all rights, powers and authority vested in it by the laws are retained solely and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District Employer.
3.02 For greater certainty, but without prior negotiations with limiting the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all generality of the foregoing, but not in conflict with the Union recognizes and agrees that subject to the specific provisions of this Agreement, Agreement the Employer has the sole and the right exclusive right:
(a) to establish, modify or change any work or business hours or daysoperate and manage its activities in all respects in an efficient and economic manner as it sees fit;
3. Direct the working forces, including the right (b) to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of direct the work force and to lay select, hire, retire, promote, demote, transfer, assign, classify, lay-off and recall employees;
4. Determine the services(c) to maintain order, supplies discipline and equipment necessary efficiency and to continue its operations discipline, suspend and discharge employees for just cause (except probationary employees who may be discharged for any reason);
(d) to establish, maintain, alter and enforce reasonable rules, regulations, policies and procedures to be observed by employees;
(e) to establish new positions and to alter, consolidate or abolish existing positions;
(f) to determine the methodsnumber of employees needed at any time, the hours and shifts to be worked, the duties to be performed, overtime requirements, the employees to perform overtime work, position content, standards of performance and the qualifications of the employees to perform work;
(g) to determine the hours and schedules and standards of operation, the meansoperating techniques, methods, procedures and processes and means of carrying on the work including automation thereof or changes thereinperforming work, the institution productions and services to be provided and the extension, limitation, curtailment or cessation of new and/or improved methods operations or changes therein;any part thereof and to engage or contract with outside contractors or firms; and
5. Adopt reasonable rules (h) to have the sole and regulations;
6. Determine the qualifications of employeesexclusive jurisdiction over all operations, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schoolslocations, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and equipment.
3.03 Subject to the source doctrine of materials and supplies;
9. Determine Estoppel, the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size Employer’s non- exercise of the management organization, its functions, authority, amount of supervision and table of organization provided that the District any right or function shall not abridge any be deemed a waiver of its right to exercise such right or function.
3.04 The rights referred to in this Article shall be exercised in a fair, reasonable and safe manner, in good faith and be subject to the provisions of employees as specifically provided in the this Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
MANAGEMENT RIGHTS. (6.1) The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, Education or powers which have been properly exercised by it, it shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoeversource. Rights reserved exclusively herein by the District District, which shall be exercised exclusively by the District without prior negotiations with the Association Association, either as to the taking of action under such rights rights, or with respect to the consequence of such action during the term of this Agreement Agreement, shall include include, by way of illustration, not by way of limitation, the right to:
1. (a) Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue (b) To continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work work, and starting times and scheduling of all of 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 hours or days;
3. Direct (c) The right to determine the working forcessize of the workforce, direct the workforce, including the right to hire, lay-off, promote, suspend and discharge employees, transfer employees, assign work or extra duty duty, and transfer employees according to employees, determine the size operational needs of the work force Employer. It remains with the discretion of the Employer to discipline, suspend and to lay off employees;discharge employees for just cause in accordance with appropriate due process.
4. (d) Determine the services, supplies and equipment necessary to continue its operations operations, and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. (e) Adopt reasonable rules and regulationsregulations including those governing the conduct of employees in the work place, subject to Association review;
6. (f) Determine the qualifications of employees, including physical conditions;subject to the Association’s right to grieve.
7. (g) Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. (h) Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. (i) Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. (i) Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. (k) Determine the policy affecting the selection, testing or training of employees. .
(6.2) The Board recognizes that this Agreement sets forth limitations on of the above above-named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the The Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under the Public Employment Relations Act as amended. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, illustration and not by way of limitation, the right to:
1. (a) Manage and control the schools' school's business, the equipment, the operations and to direct the working forces and affairs of the School District;Employer.
2. Continue its rights (b) Assignment and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;, but not in conflict with the specific provisions of this Agreement.
3. (c) Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;, but not in conflict with the specific provisions of this Agreement.
4. (d) 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;.
5. (e) Adopt reasonable rules and regulations;regulations that are not in conflict with the provisions of this Agreement.
6. (f) Determine the qualifications of employees, including physical conditions;.
7. (g) Determine the location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. (h) Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, and the source of materials and supplies;.
9. (I) Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;.
10. (j) Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District Employer shall not abridge any rights of employees as specifically provided for in the this Agreement; and.
11. (k) Determine the policy affecting the selectionselection of new employees, testing or training of employees. employees providing such selection shall be based upon lawful criteria.
(l) The Board recognizes that this Agreement sets forth limitations on employer has the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees right to be bound by such limitationsevaluate.
Appears in 2 contracts
MANAGEMENT RIGHTS. The District Board on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, without limitation, all powers, rights, powers authority, duties and authority responsibilities conferred upon and vested in it by the laws and The Constitution of Michigan the State of Illinois and of the United States. All policies The Board retains the right and responsibility for the proper management and administrative control of the Board District in all of Educationits various aspects, including but not limited to the responsibility for and the right to: ▪ Employ, direct, supervise, evaluate, layoff, transfer and place all district employees; ▪ Set salaries and rates of pay for district employees; ▪ Establish, modify, or powers which have been properly exercised by iteliminate courses of instruction, shall remain unaffected by this Agreement programs, athletic, recreational and in full force and effectsocial events, unless and until changed all as deemed necessary or advisable by the Board; ▪ Determine the location, methods, means and number of personnel by which operations are to be conducted including the right to determine whether goods or services are to be provided or purchased; ▪ Establish, modify, combine or abolish job classifications or departments; ▪ Establish rules and regulations and to revise, modify or delete rules and regulations; and ▪ Determine the school calendar, schedules, assignments, hours and the duties, responsibilities, and assignments of those in the bargaining unit. Not by way of limitation, It is recognized that the Board reserves unto itself all exercises many of its responsibilities and rights through the Superintendent and/or other members of the administrative staff. The exercise of the foregoing powers, rights, powers authority, duties and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein responsibilities by the District which Board, and adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be exercised exclusively by limited only to the District without prior negotiations extent such specific and express terms thereof are in conformance with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions express terms of this Agreement, the Constitution and the right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size laws of the work force and to lay off employees;
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards State of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of workIllinois, and the source of materials Constitution and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size laws of the management organization, United States. Neither the Board nor its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing agents will establish policies or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsregulations arbitrarily or capriciously.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District District, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself all rightspowers, powers rights and authority vested authority, duties, and responsibilities conferred upon and invested in it by the laws and Constitution of Michigan and the United Statesstate of Oregon. All policies of the Board of EducationSuch powers, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers authority, duties and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement responsibilities shall include by way of illustration, but are not by way of limitation, limited to the right to:
1. Manage The executive management and administrative control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School Districtschool system and its properties and facilities;
2. Continue its rights Hire all employees and past practice the right to determine their job description, qualifications and the conditions of their continued employment, or their discipline, suspension, dismissal, demotion, promotion or transfer;
3. The unqualified right of assignment and the direction of work of all of its personnel, to determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, foregoing (but not in conflict with the specific provisions of this Agreement), and the right to establish, modify modify, or change any work or business hours or days;
34. Direct the working forces, including the The unqualified right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine establish the size of the work force and to lay off employeesschool calendar;
45. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine operations; the methods, schedules schedules, and standards of operation, ; the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, ; the institution of new and/or improved methods or changes therein;
56. Adopt reasonable rules and regulations;
67. Determine the qualifications of employees, including physical conditions;
78. Determine the location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions service areas or subdivisions thereof and the relocation or closing of offices, departments, divisions service areas or subdivisions, buildings or other facilities;
89. Determine the placement of operations, productionsproduction, services, maintenance maintenance, or distribution of work, work and the source of materials and supplies;
910. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;
1011. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andorganization;
1112. Determine the policy affecting the selection, testing testing, or training of employees, provided the selection is based on lawful criteria. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, dutiesduties and responsibilities by the District shall be limited only by the specific, written terms of this Agreement and responsibilities, then only to the extent that such terms are in conformance with the Constitution and hereby agrees to be bound by such limitationsthe laws of the state of Oregon.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. Consistent with the express terms of this Agreement:
A. The District retains Union recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority, except as specifically abridged, delegated, granted or modified by this Agreement or any supplementary agreements. All remaining rights, powers, and authority the City had prior to the signing of this Agreement, and all other rights normally, usually and customarily retained by management, are retained by the City and remain exclusively and without limitations within the rights of the City. Except as specifically limited by this Agreement, the City may exercise these retained rights, and those rights specifically enumerated in Section B hereof, without previously bargaining the same with the Union; provided, however, that such actions shall not conflict with the terms of this Agreement.
B. Among the rights, powers and authority vested in it provided the City by the laws and Constitution of Michigan and the United States. All policies of the Board of Educationlaw, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not including by way of limitationexample and not in limitation of the foregoing, the Board City hereby retains and reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right toright:
1. Manage To manage its affairs efficiently and control economically, including the schools' businessdetermination of quality and quantity of services to be rendered, the equipmentcontrol of materials, tools and equipment to be used and the operations and to direct the working forces and affairs discontinuance of the School District;any services, materials, processes or methods of operation.
2. Continue To establish, determine and redetermine the method or processes by which the work is to be performed and to introduce new equipment, methods, machinery or processes, change or eliminate existing equipment or methods and institute technological changes, decide on materials, supplies, equipment and tools to be used.
3. To determine the number, location, and type of facilities and installations.
4. To fill or not fill vacant budgeted positions as the good of the service may require.
5. To establish reasonable work schedules including the scheduling of overtime.
6. To discipline and discharge employees for just cause. its rights services.
7. To adopt, revise and past practice enforce reasonable working rules as it may from time to time deem best for the purposes of assignment maintaining good order, safety and effective operation of City services.
8. To manage the City business and to decide the services to be provided and the direction manner of all of its personnel, providing them.
9. To determine the number amount of shifts supervision necessary and hours to select employees for promotion or transfer to positions outside the bargaining unit in accordance with the rules and regulations stipulated in the Civil Service procedure, but this shall not be held to permit involuntary promotions or transfers.
10. To layoff for lack of work or funds, or where such continuation of work would be wasteful and starting times and scheduling of all of the foregoingunproductive, but in such case, the City shall not in conflict with be arbitrary and capricious.
C. The Union recognizes that the specific provisions of this Agreement, and City has the right to establishcontract or subcontract The City agrees to notify and meet with the Union prior to bidding, modify contracting or change subcontracting all work presently being performed by AFSCME Local 1250 as of the date of execution of this agreement. The City recognizes that it has a moral obligation to make a reasonable effort to secure reemployment for those persons who will be displaced in the event the City determines to contract or subcontract its services. In recognition of this, the City agrees to make a diligent effort in securing reemployment for said employees in an equal job in another department in the City at the same rate of pay or attempt to secure for said employees outside employment at the same rate of pay. In no event shall the City's right to contract or subcontract its services be used for the purpose or intention of undermining the Union nor to discriminate against any of its members. As was expressed to your bargaining committee in the negotiations just completed, it is not the Employer's intention to subcontract any work or business hours or days;
3. Direct presently being performed by bargaining unit employees for the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size duration of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationscontract.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers Section 1. It is understood and agreed that the Agency possesses the sole right and authority vested in it by to operate and direct the laws and Constitution of Michigan and the United States. All policies employees of the Board of EducationAgency in all aspects, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoingincluding, but not in conflict with limited to, all rights and authority exercised by the specific provisions Agency prior to the execution of this Agreement, except as modified in this Agreement. These rights include, but are not limited to: Determine its location, mission, policies, and to set forth all standards of service offered to the right public; to establishmaintain order, modify or change any work or business hours or days;
3. Direct the working forceshire, including the right to hireassign, direct, transfer, classify, evaluate, promote, suspend lay off employees; to relieve, discharge, suspend, demote, discipline newly hired probationary employees at the discretion of the Agency without recourse through this Agreement; to suspend, discipline, demote, or discharge employees for just cause; to make, publish, and discharge employeesenforce rules and regulations; to determine classifications, transfer employeessize, assign work or extra duty to employeesduties, determine the size and qualifications of the work force force; to determine the shifts, schedule and assign work, including overtime; to lay off employees;
4. Determine the servicesreorganize, supplies and equipment necessary to continue its operations and discontinue or enlarge any department, or portions thereof; to determine the methods, schedules means, and numbers of personnel and establish the standards of operation, the means, such work and to introduce new or improved methods, equipment or facilities; to contract out for goods and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, ; to take any and all matters pertaining actions as may be necessary to public relations;
10. Determine carry out the size mission of the management organization, its functions, authority, amount Agency in situations of supervision and table civil emergency as may be declared by the Board of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andLake County Narcotics Agency.
11. Determine the policy affecting the selection, testing or training of employeesSection 2. The Board recognizes of the Lake County Narcotics Agency has the sole right and authority to determine the purpose and mission of the Agency and the amount of budget to be adopted thereto.
Section 3. If in the sole discretion of the Board of the Lake County Narcotics Agency, it is determined that extreme civil emergency conditions exist, including but not limited to, riots, civil disorders, tornado conditions, floods, or other similar catastrophes, the provisions of this Agreement sets forth limitations on may be suspended by the above named powersBoard during the time of the declared emergency, rightsprovided that wage rates and monetary fringe benefits shall not be suspended. Should an emergency arise, authoritiesthe Board shall advise the Union Xxxxxxx or the next highest officer of the Union of the nature of the emergency. The Board shall follow up said advice in writing as soon thereafter as practicable and shall forward said written notice to the Union Xxxxxxx. Not more than ten (10) days after a declared emergency has ended, duties, the provisions of this Agreement shall regain full force and responsibilities, and hereby agrees to be bound by such limitationseffect.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. A. The District District, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself all powers, rights, powers authority, duties and authority vested responsibilities conferred upon and invested in it by the laws and the Constitution of Michigan and the United StatesState of Oregon. All policies of the Board of EducationSuch powers, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers authority, duties and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement responsibilities shall include by way of illustration, but are not by way of limitation, the right limited to:
1. Manage The executive management and administrative control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School Districtschool system and its properties and facilities; and
2. The hiring of all employees and, subject to the provision of law and this Agreement, to determine their qualifications and the conditions for their continued employment or their dismissal or demotion and te promotion and transfer of all such employees;
23. Continue its rights and past practice of assignment assignments and the direction of work of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the to foregoing, but not in conflict with the specific provisions of this Agreement, Agreement and the right rights to establish, modify or change any work or business hours or days;
34. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, ,assign work or extra duty duties to employeesemployees (extra duties not within the scope of the teacher' s job description shall be assigned on a voluntary basis), determine the size of the work force and to lay off employees;
45. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules schedules, and standards of operation, the means, methods, methods and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or and/ or improved methods or changes thereint herein;
56. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, work and the source of materials and supplies;
9. Determine the financial policies, including all policies and accounting procedures, and all matters pertaining to public relationsprocedures as required by law;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the District employer shall not abridge any rights of from employees as specifically provided for in the this Agreement; and.
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powersB. Theexercise oftheforegoingpowers, rights, authoritiesauthority, dutiesduties andresponsibilitiesby the District, the adoptionofpolicies, rules, regulations andpracticesshallbelimited only by the specific terms of this Agreement and responsibilities, then only to the extent that such specific terms are in conformance with the Constitution and hereby agrees to be bound by such limitationsthe laws of the State of Oregon.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains (a) It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers except those which are clearly and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein expressly relinquished by the District which Board, shall continue to vest exclusively on and be exercised exclusively by the District Board without prior negotiations with the Association either Union as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, subject to the express provisions of this Agreement, the right to:
(1. ) Manage and control the schools' its business, the its equipment, the and its operations and to direct the working forces force and affairs of the School District;school district.
(2. ) Continue its rights rights, policies, and past practice practices of assignment assign-ment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times personnel and scheduling of all of 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;.
(3. Direct ) The right to direct the working forcesforce, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty duties to employees, determine the size of the work force and to lay lay-off employees;, but not in conflict with the provisions of this Agreement.
(4. ) Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods, and processes of carrying on the work work, including automation thereof or changes thereinautomation, and the institution of new and/or improved methods or changes therein;.
(5. ) Adopt reasonable rules and regulations;regulations which shall be made known in writing to the employee.
(6. ) Determine the qualifications of employees, including physical conditions;condition.
(7. ) Determine the number and location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions, or sub-divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. (8) Determine the placement of operations, productions, services, maintenance maintenance, or distribution of work, and the source of materials and supplies;.
(9. ) Determine the financial policies, : including all accounting procedures, procedures and all matters pertaining to public relations;.
(10. ) Determine the size of the management organization, its functions, authority, and amount of supervision and table of organization supervision, provided that the District Board shall not abridge any rights of employees the employee as specifically provided for in the this Agreement; and.
(11. ) Determine the policy affecting the selection, testing testing, or training of employees. The Board recognizes , provided that such selection shall be based upon lawful criteria.
(b) All rights, powers and interests which have not been expressly granted to the Union by the provisions of this Agreement sets forth limitations on are reserved to the above named powersBoard.
(c) The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiation between the parties during the term of this Agreement, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsexcept as specifically provided for in this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains Unless specifically in conflict with this MOU, all rightsmanagement rights shall remain vested exclusively with the City. If action is necessary under this section, powers the City will comport with any and authority vested in it by the all applicable laws and Constitution regulations, including the Firefighters Procedural Bill of Michigan Rights, Government Code Section 3250. City management rights include, but are not limited to, all rights set forth in the City’s Employer Employee Relations Resolution, and the United States. All policies each of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right tofollowing:
1. Manage and control The right to determine the schools' business, the equipment, the operations and to direct the working forces and affairs mission of the School DistrictCity, including without limitation the City’s agencies, departments, divisions, institutions, board and commissions;
2. Continue its rights The right of full and past practice exclusive control of assignment and the direction management of the City; supervision of all operations; determination of its personnelmethods, determine the number means, locations and assignment of shifts and hours of work and starting times and scheduling of performing all of the foregoing, but not in conflict with the specific provisions of this Agreementwork, and the right composition, assignment direction, location and determination of the size and mission of the work force subject to establishmeet and confer, modify or change any work or business hours or dayswhere applicable;
3. Direct The right to determine the working forceswork to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any positions(s) within the City subject to meet and confer where applicable;
4. The right to review and inspect, all City-owned facilities including without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail systems and filing cabinets and systems except to the extent notice and/or other procedural requirements are required;
5. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work.
6. The rights to establish, and modify, subject to a meet and confer process where applicable, qualifications for employment including the content of any job classification, job description or job announcement and to determine whether minimum qualifications are met;
7. The right to maintain and modify the City’s classification plan;
8. The right to establish and enforce employee performance standards, subject to a meet and confer process where applicable;
9. The right to schedule and assign work, make reassignments within the department and assign overtime work, unless the City Manager determines that the City is in a state of emergency and employees are temporarily assigned to other duties for the City;
10. The right to hire, fire, promote, discipline, reassign, transfer, release and layoff. To terminate, demote, suspend or reduce in step or grade all employees for cause, unless the employee is in a new hire probationary employment status;
11. The right to establish and modify bargaining units, and to assign new or amended classifications to particular bargaining units subject to restrictions set forth in the Xxxxxx Milias Brown Act Government Code Section 3507.1;
12. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to hirerequire employees to appear, promotecooperate in good faith and respond truthfully and regarding any City investigation, suspend and discharge employees, transfer employees, assign work or extra duty except where the employee retains the right not to employees, determine the size of the work force and to lay off employeesself-incriminate himself on a possible criminal action;
413. Determine the servicesThe right to maintain orderly, supplies effective 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 automation thereof or changes therein, the institution of new and/or improved methods or changes thereinefficient operations;
514. Adopt reasonable rules and regulations;
6. Determine To enlist the qualifications aid of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided an outside hearing officer in the Agreement; case of employee grievances and personnel matters, consistent with the City’s Personnel Rules, and
1115. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, Job classifications shall be met and responsibilities, and hereby agrees to be bound by such limitationsconferred upon where applicable.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
MANAGEMENT RIGHTS. The District retains all rights, powers Union recognizes and authority vested in it by acknowledges that the laws and Constitution of Michigan and the United States. All policies management of the Board of Educationbusiness enterprise and its facilities, or powers which have been properly exercised by it, shall remain unaffected by this equipment subject to the Broker Agreement and direction of the working forces are fixed exclusively in full force the Company and effect, unless and until changed by without limiting the Board. Not by way generality of limitation, the Board reserves unto itself all rights, powers and privileges inherent in foregoing the Union acknowledges that it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by is the District which shall be exercised exclusively by exclusive function of the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right Company to:
1. Manage (a) Maintain order, discipline and control the schools' businessefficiency and in connection therewith to make, the equipmentalter and enforce from time to time reasonable rules and regulations, the operations policies and practices to be observed by its bargaining unit members, discipline or discharge bargaining unit members for just and reasonable cause;
(b) Select, hire and direct the working forces force and affairs bargaining unit members; to transfer, assign, promote, schedule and classify, layoff or recall bargaining unit members, transfer employees into or out of the School District;bargaining unit; to operate and manage the enterprise in all respects in order to satisfy its commitments and objectives including those set out in the Preamble hereof, all pursuant to the terms and conditions as set out in this collective agreement.
2. Continue its rights (c) Determine the location and past practice of assignment and the direction of all extent of its personneloperations and their commencement, expansion, curtailment or discontinuance; the work to be done; the products to be handled, stored or distributed; the standards of performance; whether to perform or contract for products and/or services; the scheduling of work; to determine the hours of work and/or schedules of work; to pick the number of shifts and hours of work and starting times and scheduling of all adjust same from time to time; to subcontract or transfer work; to determine the size or composition of the foregoingworkforce; the direction of the working forces; to establish, but not change or abolish job classifications; to shut down permanently or by day or week or for any other periods; to determine methods of pay and/or methods, process and means of performing work standards of efficiency and quality for work; job content and requirements; the use of improved or changed methods of equipment; the number of bargaining unit members needed by the Company at any time and how many shall work in conflict with any job; the specific provisions number of this Agreement, hours to be worked; starting and quitting times; methods to be used to ensure security of the Company’s property; and generally the right to establish, modify or change any work or manage the enterprise and its business hours or days;
3. Direct the working forces, including are solely and exclusively the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force Company.
(d) Have the sole and to lay off employees;
4. Determine the servicesexclusive jurisdiction over all operations, supplies buildings machinery, and equipment necessary subject 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size terms of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Broker Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers Village has responsibility and authority to manage and direct all the operations and activities of the Village to the full extent authorized by law; therefore, it is understood that the Village retains, without limitation, all rights of possession, care, control and management and all powers, authority, duties and responsibilities conferred upon and vested in it by applicable law, rules, regulations and the laws and Constitution of Michigan and the State of Wisconsin, and/or the United States. All policies of The Village retains the Board of Educationright to exercise these functions, or powers which have been properly exercised by itwithout further bargaining, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of the collective bargaining agreement, except to the precise extent such functions and rights are explicitly, clearly and unequivocally restricted by the express terms of this Agreement shall include Agreement. These rights include, but are not limited by way of illustration, not by way of limitationenumeration, the right to:
1. Manage and control the schools' business, the equipment, the Direct all operations and to direct the working forces and affairs of the School DistrictVillage;
2. Continue its rights and past practice Establish schedules of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreementwork, and the right to establish, establish and modify or change any reasonable work or business hours or daysrules and reasonable policies and procedures;
3. Direct Create, reduce, combine, modify, and eliminate positions within the working forces, including the right to hireVillage;
4. Hire, promote, suspend transfer, schedule, and assign employees in positions;
5. Suspend, demote, and discharge employeesand take other disciplinary action against employees for just cause;
6. Relieve employees of their duties because of lack of work as determined in the sole discretion of the Village;
7. Maintain efficiency of Village operations;
8. Take any action necessary to comply with state or federal law, transfer employeesagency decisions, assign work or extra duty to employeesorders;
9. Introduce new or improved methods or facilities;
10. Change existing methods or facilities;
11. Determine, determine the size of direct and manage the work force and assign work to lay off employeesemployees on said jobs;
412. Select employees, establish quality standards and evaluate employee performance;
13. Contract out for goods or services;
14. Determine the serviceskinds and amounts of services to be performed as pertains to Village operations, supplies the number and equipment kind of classifications to perform such services and the size and composition of the work force;
15. Take whatever action is necessary to continue its operations and to determine carry out the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size functions of the management organization, its functions, authority, amount Village in situations of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreementemergency; and
1116. Determine the policy affecting the selection, testing or training of employeesAdopt and publish rules which may be amended from time to time. The Board recognizes exercise of any of the retained and/or enumerated functions or rights shall not be deemed to exclude other functions of the Village not specifically set forth. To the extent that this Agreement sets forth limitations on rights and prerogatives of the above named powersVillage are not explicitly granted to the Association or employees, rights, authorities, duties, and responsibilities, and hereby agrees to be bound such rights are retained by such limitationsthe Village.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District Section 1. This Agreement shall not limit or contravene the authority of the Board as provided by state and federal law and the Charter of the City. No provision of this Agreement shall have any retroactive effect or be in any way effective or binding prior to the effective date of this Agreement. All power and authority given to the Board by State Statute and/or City Charter shall be fully reserved to the Board, except in those areas and to the extent as such are in conflict with a specific provision of this Agreement.
Section 2. In addition to the rights conferred upon the Board pursuant to Conn. Gen. Stat. § 10- 220, the parties recognize that the Board retains all rightsrights it had prior to this Agreement, powers except
(a) the right to establish curriculum;
(b) the right to determine whether or not bargaining unit positions are to be created;
(c) the right to determine whether or not bargaining unit positions are to be filled;
(d) the right to prescribe and authority vested enforce reasonable work rules, establish and/or change the pay period for employees, and regulations for the maintenance of discipline and for the performance of work in it accordance with the requirements of the Board, including Policy 4010 (Nepotism: Employment of Relatives), as adopted 12/17/01 and revised 10/30/06, provided such rules and regulations are made known in a reasonable manner to the employees affected by them. Prior to the laws promulgation of new or modified rules and Constitution regulations, the Board shall meet with the Union to discuss them and shall give due consideration to the Union’s recommendations concerning same. The Board shall bargain over the impact, if any, of Michigan the Board’s decision;
(e) the right to assign work to employees (including the right to assign incidental duties that may not be specifically enumerated in an employee’s job specification);
(f) the right to create job descriptions and revise existing job descriptions as deemed necessary, with such procedures for the United States. All policies applicable rate of pay as are required by this Agreement;
(g) the right to establish or continue policies, practices and procedures for the conduct of Board of Education business and, from time-to-time, to change or abolish such policies, practices, or procedures, subject to the Board of Education’s obligation to bargain over the impact, if any;
(h) the right to lay off or powers which have been properly exercised by itotherwise relieve employees from duty for lack of work or other legitimate reasons, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as subject to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and ;
(i) the right to establishdiscontinue services, modify positions, operations or change any work programs in whole or business hours or days;
3in part. Direct In addition, the working forces, including Board specifically reserves the right to hiremeet at times beyond the normal work day of bargaining unit members, promote, suspend to discuss and discharge employees, transfer employees, assign work or extra duty to employees, determine the size analyze concerns of the work force Board in connection with the Board’s obligations to direct and to lay off employees;
4. Determine control 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size school system of the management organization, its functions, authority, amount of supervision City and table of organization provided that in connection with concerns which the District shall not abridge any rights of employees as specifically provided in the Agreement; andBoard and WTA mutually share.
11Section 3. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, These rights, authorities, duties, and responsibilities, and hereby agrees prerogatives are not subject to delegation in whole or in part. Such rights may not be bound by such limitationssubject to review or determination in any grievance or arbitration proceeding.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all All City rights, powers under state law and authority charter, and all City rights which existed prior to the recognition of the Confidential Unit shall remain vested in it with the City, unless expressly abridged by the laws and Constitution of Michigan and M.O.U. These rights include, but are not limited to: -- the United States. All policies of exclusive right to determine the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all mission of its personnelconstituent departments, commissions, boards; -- set standards and levels of service; -- determine the number procedures and standards of shifts selection for employment and hours promotions; -- direct its employees; -- establish and enforce dress and grooming standards; -- determine the methods and means to relieve its employees from duty because of lack of work and starting times and scheduling or other lawful reasons; -- maintain the efficiency of all of 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 hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, governmental operations; -- determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted; -- determine the content and intent of job classifications; -- determine methods of financing; -- determine style and/or types of City-issued wearing apparel, equipment or technology to be used; -- determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to lay off employees;
4. Determine be conducted; -- determine and change the servicesnumber of locations, supplies relocations and equipment necessary types of operations, processes and materials to continue its be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; -- To assign work to and schedule employees in accordance with requirements as determined by the City and to determine the methods, establish and change work schedules and assignments upon reasonable notice; -- establish and modify productivity and performance programs and standards; -- discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law; -- establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; -- take all necessary actions to carry out its mission in emergencies; and -- exercise complete control and discretion over its organization and the technology of operationperforming its work. The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this M.O.U. In the exercise of the rights set forth in Section 4.0, the means, methods, and processes of carrying on City has the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt right to make reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 1 contract
Samples: Memorandum of Understanding
MANAGEMENT RIGHTS. The District retains all A. Unless expressly and specifically limited or modified by a provision of this Agreement, the rights, powers and authority vested in it held by the laws College over the complete operations, practices, procedures and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or regulations with respect to Employees shall remain solely and exclusively in the consequence College, except as otherwise prohibited by law, including but not limited to the following: The right: to generally determine and effectuate the College’s mission, programs, objectives, activities, resources and priorities; to set the organizational and managerial structure of the College and to amend such structure as it deems appropriate; to recruit and hire Employees; to determine the number of Employees; to decide whether or not to fill vacancies; to create and eliminate positions; to determine the content of job classifications; to classify and reclassify its Employees and to place Employees in appropriate pay grades; to convert part- time positions to full time and full-time positions to part time; to determine the standards and levels of service to be offered by the College; to train Employees; to transfer Employees between buildings, shifts, and locations; to prescribe standards for promotion and to promote Employees; to set performance standards; to require reasonable physical and mental fitness standards; to employ temporary employees and student help; to determine the calendar, including periods during which the College is open or closed; to issue reasonable rules, regulations and standards of conduct and to amend such rules, regulations and standards of conduct from time to time; to determine the means, methods and personnel by which the College’s operations are to be conducted; to subcontract or independently contract work; however, if a bargaining unit position is to be significantly affected or eliminated by such subcontracting, the parties will first discuss the impact of such action during a decision prior to it taking place.
B. Nothing shall preclude supervisors and managers from doing similar or overlapping functions of bargaining unit work, provided that such work is not performed by supervisors or managers with the term intent to erode the bargaining unit. The Union specifically acknowledges that the College maintains policies which have provisions that may affect working conditions. If there is a specific conflict between such policies and a provision of this Agreement, the terms of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsgovern.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the The Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Public Acts of 1965. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, illustration and not by way of limitation, the right to:
1. Manage and control the schools' school's business, the equipment, the operations and to direct the working forces and affairs of the School District;Employer.
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict contlict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days;.
3. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off layoff employees;.
4. 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 automation thereof or changes therein, the institution of new and/or and/ or improved methods or changes therein;.
5. Adopt reasonable rules and regulations;.
6. Determine the qualifications of employees, including physical conditions;.
7. Determine the location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, and the source of materials and supplies;.
9. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;.
10. Determine the size of the management organization, its functions, authority, amount amollnt of supervision and table of organization provided that the District Employer shall not abridge any rights of from employees as specifically provided for in the this Agreement; and.
11. Determine the policy affecting the selectionselection of new employees, testing or training of employeesemployees providing sllch selection shall be based upon lawful criteria.
12. The Board recognizes that board shall not abridge the rights expressly provided in this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsagreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District Section 4.1 Except as otherwise specifically provided in this Agreement, the Company retains all rightsthe rights and functions of management that it has by law, powers and authority vested in it by or past practice.
Section 4.2 As long as the laws and Constitution of Michigan and the United States. All policies action of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from Company does not violate any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions provision of this Agreement, and without limiting the generality of the foregoing, the Company shall have the absolute and unqualified right to, in its sole discretion:
1. Determine services to be offered, and plan, direct and control all opera- tions
2. Relocate or close facilities, departments or divisions for whatever rea- sons, including for the sole reason to reduce labor costs, with the under- standing that the Company will negotiate with the Union concerning the effects of any decisions made under this subsection, if such a request is made.
3. Determine (a) the layout and equipment to be used in the business; (b) the processes, techniques, methods, and means of providing services.
4. Introduce new services, techniques, methods, processes, machines, jobs or classifications, and/or change, delete or combine existing services, techniques, methods, processes, jobs or classifications.
5. Determine
(a) the size of the workforce; (b) the allocation and assign- ment of work or workers; (c) the quality and quantity of work to be per- formed; (d) the policies affecting the selection and training of employees;
(e) the right to establishhire, modify recall, transfer, promote and lay off employees; (f) and the right to suspend or change any work or business hours or days;discharge employees for just cause.
36. Direct Maintain discipline, control the working forcesuse of the facility property, and deter- mine safety and health measures of the facility. The Company will create a labor management safety committee.
7. Schedule operations, including the right to hiremodify, promotechange, suspend lengthen or shorten work schedules, and discharge employees, transfer employees, assign work or extra duty close the facility for any reason provided that any notice required by law is given to employees, determine the size of the work force and . Subject to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;seniori- ty provisions set forth in Article 10.
8. Determine the placement numbers, types, and locations of its operations, productions, services, maintenance or distribution of work, including their scope and the source of materials and supplies;extent.
9. Determine the financial policiesand enforce reasonable rules and regulations, including all accounting proceduresmake reason- able changes to such rules and regulations, and all matters pertaining enforce such changes. Such changes shall be provided to public relations;the Union at least 30 days prior to im- plementation, except in cases of emergency or exigent circumstances, where such changes will be provided to the Union as soon as possible.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided Section 4.3 It is agreed that the District enumeration above of management rights, which are exercisable in the Company’s sole discretion, shall not abridge be deemed to exclude other rights not herein specifically enumerated, which the Company shall have the right to exercise in its sole discretion, provided only that the exercise of such rights shall not be in conflict with any provision of this Agreement.
Section 4.4 The exercise or non-exercise of rights hereby retained by the Compa- ny shall not be deemed a waiver of employees as specifically provided any such right or prevent the Company from exercising such rights in any way in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsfuture.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS.
A. The District Board retains all rights, powers and authority vested in it by the laws and Constitution constitution of Michigan and the United States. All policies of the Board of EducationEducation Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effecteffort, unless and until changed by the Board. Not Any additions, subtractions, or revisions, as made by way of limitation, the Board reserves unto itself all rightsfrom time to time, powers shall become and privileges inherent remain unaffected by this Agreement and in it or conferred upon it from any source whatsoever. full force and effect unless changed by the Board. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Board, shall include by way of illustration, and not by way of limitation, the right to:to:
1. Manage and control the schools' school's business, the equipment, the operations and to direct the working forces work force and affairs of the School District;Employer.
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the The right to establish, modify or change any direct the work or business hours or days;
3. Direct the working forcesforce, including the right to hire, evaluate, promote, suspend and discharge employees, transfer employees, assign work or extra duty duties to employees, determine the size of the work force and to lay off employees;employees.
43. Determine the services, supplies and equipment necessary to continue its operations and operation; to determine the methods, schedules and standards of operation, ; the means, methods, and processes of carrying on the work work; including the automation thereof or changes therein, ; the institution instruction of new and/or improved methods methods, or changes therein;therein.
54. Adopt reasonable rules and regulations;regulations.
65. Determine the qualifications of employees, including physical conditions;employees.
76. Determine the location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings building or other facilities;facilities.
87. Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, and the source of materials and supplies;supplies.
98. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;relations.
109. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andorganization.
1110. Determine the policy affecting the selection, the testing or training of employees. , providing such selection shall be based upon lawful criteria.
B. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilitiesresponsibilities by the Board, the adoption of policies, rules, regulations, and hereby agrees practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to be bound by the extent such limitations.specific and express terms hereof, are in conformance with the Constitution and laws of the State of Michigan and the Constitution and the laws of the United States.
Appears in 1 contract
Samples: Master Agreement
MANAGEMENT RIGHTS. The District retains possesses and will continue to retain, whether exercised or not, all of the rights, powers and authority vested in heretofore possessed by it by the laws and Constitution of Michigan and the United States. All policies of the Board of Educationand, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all except where such rights, powers and privileges inherent in it authority are specifically relinquished, abridged or conferred upon it from any source whatsoever. Rights reserved exclusively herein limited by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, it shall have the sole and unquestioned right, responsibility and prerogative of management of the right to establish, modify or change any work or business hours or days;
3. Direct affairs of the District and direction of the working forces, including but not limited to the following: • To determine the care, maintenance, operation, amount and introduction of equipment/apparatus used for and on behalf of the purpose of the District, in its main or reserve fleet; • To determine the financial policies of the District, including its budget; • To determine the administrative organization of the District and its mission; • To maintain the efficiency of the operation of the District; • To determine the structure and organization of the District, including the right to hiresupervise, promotesubcontract non-bargaining unit work, suspend and discharge employeesexpand, transfer employees, assign work consolidate or extra duty to employees, merge any division thereof; • To determine the size organization of the work force District to set the standards of services to be offered to the public; • To utilize personnel, methods, procedures, and to lay off employees;
4. Determine means in the servicesmost appropriate and efficient manner possible, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, and processes performance of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilitiesEmployees, including the establishment or locations standards of new schools, buildings, departments, divisions or subdivisions thereof quality and quantity of work to be done; • To determine the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of workqualifications for employment, and the source nature and content of materials and supplies;
9. Determine the financial policiespersonnel examinations; • To hire, including all accounting proceduresexamine, classify, promote, train, transfer, assign, reassign, schedule, and all matters pertaining retain Employees in positions within the District; • To determine shift and station assignments; • To manage, direct, supervise, and evaluate the Employees of the District; • To establish and enforce reasonable work rules and rules of conduct, provided such rules are made known in a reasonable manner to public relations;
10. Determine Employees affected by them and to suspend, demote, discharge, or take other disciplinary action against non-probationary Employees for “just cause”; • To ensure that incidental duties connected with District operations, whether enumerated in job descriptions or not, shall be performed by Employees; • To alter the composition and size of the management organization, its functions, authority, amount workforce because of supervision and table lack of organization provided that funds or other lawful reasons; • To take actions as may be necessary to carry out the mission of the District in emergencies; Any dispute with respect to Management Rights shall not abridge in any way be subject to arbitration, but any grievance with respect to the reasonableness of the application of said Management Rights may be subject to the grievance procedures contained herein. The above rights by the District are not all-inclusive but indicate the type of matters or rights which belong to or are inherent to the District. The District shall retain the exclusive right to exercise the statutory authority of Chapter 14, Title 31, Idaho Code. It is further agreed that any of the aforementioned management rights do not in any way waive the rights of employees as specifically provided Employees and the Union per the Collective Bargaining Statute in the Agreement; and
11. Determine the policy affecting the selectionIdaho law contained in Title 44, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powersChapter 18, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsIdaho Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains
Section 1 It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it have been exercised by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers except those which have been properly exercised by it, shall remain unaffected by this Agreement are clearly and in full force and effect, unless and until changed expressly relinquished herein by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers shall continue to vest exclusively in and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District Board without prior negotiations with the Association Union on either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Agreement. Such rights shall include include, by way of illustration, illustrations and not by way of limitation, the right to:
1. (a) Manage and control the schools' school's business, the equipment, equipment and the operations and to direct the working forces and affairs of the School District;Board.
2. (b) Continue its rights and past practice of assignment and the direction of work to all of its personnel, determine the number of shifts and hours of work work, and starting times and scheduling of all of 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 hours or days;.
3. Direct (c) The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty duties to employeesemployees (if above the employee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay lay-off employees;employees so long as such action does not conflict with the seniority and lay-off and recall provisions of this Agreement.
4. (d) Determine the services, supplies supplies, and equipment necessary to continue its operations operations, and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;.
5. (e) Adopt reasonable rules and regulations;.
6. (f) Determine the qualifications of employees, including physical conditions;
7. Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. (g) Determine the placement of operations, productionsproduction, servicesservice, maintenance or distribution of work, and the source of materials and supplies;.
9. (h) Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;.
10. (i) Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the District Board shall not abridge any rights of from employees as specifically provided for in the this Agreement; and.
11. (j) Determine the policy affecting the selection, testing or training of employees. The Board recognizes , providing that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to such selection shall be bound by such limitationsbased upon lawful criteria.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. 4.1 The District Shelby Township Board retains all rights, powers powers, and authority vested in it by the laws and Constitution constitution of Michigan and the United States. All policies of the Board of Educationas stated in the Township Board minutes or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the BoardBoard or this Agreement. Any additions thereto, subtractions therefrom or revisions thereof that may be made by the Board from time to time, shall become and remain in full force and effect unless changed by the Board or this Agreement. Not by way of limitation, but by way of addition, the Board reserves unto itself all rights, powers powers, and privileges inherent in it or conferred upon it from any source whatsoever; provided, however, the foregoing shall be limited only by provisions of this Agreement and the laws of Michigan. Rights reserved exclusively herein by the District Employer which shall be exercised exclusively by the District Employer without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, illustration and not by way of limitation, the right to:
1. A. Manage and control the schools' Township's business, the equipment, the operations operations, and to direct the working forces and affairs of the School District;Employer.
2. B. Continue its rights and past practice of assignment and the direction of work of all of its personnel, determine the number of shifts and shifts, hours of work and work, starting times time and scheduling of all of the foregoingforegoing and the, but not in conflict with the specific provisions of this Agreement, and the right rights to establish, modify modify, or change any work or business hours or days;days but not in conflict with the provisions of this Agreement.
3. Direct C. The right to direct the working forceswork force, including the right to hire, promote, suspend lay-off and discharge employees, transfer employeesEmployees, assign work or extra duty duties to employeesEmployees, determine the size of the work force and to lay off employees;suspend and discharge Employees for just cause.
4. D. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and schedules, standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, therein the institution of new and/or improved methods or changes therein;.
5. E. Adopt reasonable rules and regulations;, such rules being incorporated in this Agreement and provide reasonable penalties for violation thereof, provided said rules and regulations do not directly conflict with the Agreement herein.
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. F. Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, work and the source of materials and supplies;.
9. G. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;.
10. H. Determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization organization, provided that the District Employer shall not abridge any rights of employees Employees as specifically provided for in the Agreement; andthis Agreement or rights as a citizen under state and/or federal law.
11. I. Determine the policy affecting and the selection, testing testing, or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to Employees providing such selection shall be bound by such limitationsbased upon lawful criteria.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not , except those which are clearly and expressly relinquished by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association Union, either as to the taking of action under such rights or with respect rights, as to the consequence of such action during the term of this Agreement Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right to:
1. Manage and control the schools' District’s business, the equipment, and the operations operations, and to direct the working forces and affairs of the School District;Employer.
2. Continue its rights and past practice of assignment and the direction of work to all of its personnel, determine the number of shifts and shifts, hours of work and work, starting times times, and scheduling of all of 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 hours or days;.
3. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employeesEmployees, transfer employeesEmployees, assign work or extra duty to employeeswork, determine the size of the work force force, and to lay off employees;layoff Employees.
4. Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;.
5. Adopt reasonable rules and regulations;.
6. Determine the qualifications of employeesEmployees, including physical conditions;essential job functions.
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
118. Determine the policy affecting the selectionselections, testing testing, or training of employeesEmployees, provided that such selection is based on lawful criteria.
9. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilities of the 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 and express terms of this Agreement and then only to the extent such terms conform with the Constitution and Laws of the United States. This Agreement shall not deny or restrict the Board of its rights, responsibilities, and hereby agrees authority under the Michigan General School laws or any other national, state, county, District, or local laws or regulations as they pertain to be bound by such limitationseducation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it have been exercised by the laws Employer, except those which are clearly and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively expressly relinquished herein by the District which Employer, shall continue to vest exclusively in and be exercised exclusively by the District Employer without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence consequences of such action during the term of this Agreement the Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right to:
1. Manage manage and control the schools' school’s business, the equipment, the operations and operation; and to direct the working forces and affairs of the School District;Employer.
2. Continue its rights assign and past practice of assignment and direct the direction work of all of its personnel, ; determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to ; establish, modify modify, or change any work or business hours or days;; and to establish the terms and conditions of employment and its work force.
3. Direct direct the working forces, including the right to hire, promote, suspend suspend, and discharge employees, ; transfer employees, ; assign work or extra duty duties to employees, employees within their respective classifications; determine the size of the work force force; subcontract; and to lay lay-off employees;
4. Determine determine the type of services, supplies supplies, and equipment necessary to continue its operations and to operations; determine the means, methods, schedules schedules, and standards of operation, ; determine the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, ; and determine the institution of new and/or improved methods or of changes therein;.
5. Adopt adopt reasonable rules and regulations;.
6. Determine determine the qualifications of employees, including physical qualifications and conditions;; and to determine the policy with respect to drug and alcohol testing of bus drivers.
7. Determine determine the number and location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings buildings, or other facilities;.
8. Determine determine the placement of operations, productionsproduction, servicesservice, maintenance or distribution of work, and the source of materials and supplies;.
9. Determine determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;.
10. Determine determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andstructure.
11. Determine determine the policy affecting the selection, testing testing, or training of new employees, providing that such selection shall be based upon lawful criteria.
12. determine assignment of buses and where buses are parked, stored, and housed, both during and outside work hours; and to determine all bus routes. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilitiesresponsibilities by the Employer, the adoption of policies, rules, regulations, and hereby agrees to practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be bound limited only by such limitationsthe specific and express terms are in conformance with the Constitution and laws of the State of Michigan, and the Constitution and laws of the United States.
Appears in 1 contract
Samples: Master Agreement
MANAGEMENT RIGHTS. The District retains A. It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers except those which are clearly and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively expressly relinquished herein by the District which Board, shall continue to vest exclusively in and be exercised exclusively by the District Board without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right to:
1. Manage and control the schools' its business, the its equipment, the and its operations and to direct the working forces and affairs of the School District;.
2. Continue its rights rights, policies, and past practice practices of assignment and the direction of all directions of its personnel, determine the number of shifts and hours of work and starting times personnel and scheduling of all of the foregoing, but not in conflict with the specific provisions of this the Agreement, and the right to establish, modify or change any work or business of school hours or days;.
3. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employeesEmployees, transfer employeesEmployees, assign work or extra duty duties to employeesEmployees, determine the size of the work force and to lay lay-off employees;Employees, but no conflict with the provisions of this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation or contracting thereof or changes therein, the institution of new and/or improved methods or changes therein;.
5. Adopt reasonable rules and regulations;.
6. Determine the qualifications of employees, Employees including physical conditions;.
7. Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, school buildings, departments, divisions or subdivisions sub-divisions thereof and the relocation or closing of offices, departments, divisions or subdivisionssub-divisions, buildings or other facilities;.
8. Determine the placement of operations, productionsproduction, services, service maintenance or distribution of work, and the source of materials and supplies;.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the District Board shall not abridge any rights of employees from Employees as specifically provided for in this Agreement. The above are not to be interpreted as abridging or conflicting with any specific provision in this Agreement.
B. Notwithstanding any provision of this Agreement, the Board shall have the right to take whatever steps may be necessary in order to comply with the Americans With Disabilities Act (ADA) and other similar state or federal legislation. It is understood and agreed that such steps will be taken in consultation and agreement with the Union. In the event any provision of this Agreement or application of this Agreement conflicts with the ADA or similar state or federal legislation, the legislation shall prevail. In the event of a claim by Union alleging that this provision has been misinterpreted or misapplied, this provision shall be interpreted in a manner consistent with the purposes underlying the ADA and other similar state and federal legislation.
C. Notwithstanding any provisions of this Agreement, the Employer shall have the right to take whatever steps may be necessary in order to comply with any and all state or federal legislation. Nothing contained in the Agreement shall be construed to limit directly, or indirectly, the Board's management rights under the Public Employment Relations Act (PERA). In the event of any conflict between this section and any provision of this Agreement; and
11. Determine the policy affecting the selection, testing or training of employeesthis section shall prevail. The Board recognizes that matters contained in this Agreement sets forth limitations on and/or the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees exercise of any such rights of the Board are not subject to be bound by such limitationsfurther negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by 4.01 Subject only to the laws and Constitution of Michigan and the United States. All policies specific expressed provisions of the Board Collective Agreement, it is recognized and agreed that all rights and prerogatives of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement the Company in management of the Company and direction of the working force are vested exclusively and solely in full force and effect, unless and until changed by the BoardCompany. Not by way Without limiting the generality of limitationthe foregoing, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which Company's rights shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, include:
(a) the right to:to determine the location and extent of the operations and their commencement, expansion, curtailment, termination or discontinuance, in whole or in part;
1. Manage (b) the right to interview, select, hire and control the schools' businessworking force, to schedule, assign, promote, classify, lay-off its security guards; to plan, direct, control, alter or discontinue operations; and, to designate, establish, revise or discontinue positions, classifications and departments;
(c) the right to maintain order, discipline and efficiency; to make, alter and enforce, from time to time, reasonable rules and regulations, policies and practices, to be obeyed by its security guards; to discipline and discharge seniority security guards for just cause, and to discipline or discharge probationary security guards for any non-discriminatory reasons at the sole discretion of the Company;
(d) the right to inspect any personal belongings of security guards brought on to or taken off of Company premises and the right to inspect all Company property assigned to or used by security guards at work, including without limitation, all uniforms, equipment, lockers, desks and filing cabinets for any reason and the right to record telephone conversations;
(e) the right to establish standards of workplace conduct, production and work quotas; to contract out or to subcontract work; to determine the schedule of hours of work and of production, the equipmentnumber of shifts, the operations methods, processes, equipment and means of providing services required; to direct determine the working forces qualifications of security guards and affairs establish and administer evaluations and job related tests for the purpose of assisting the School DistrictCompany in determining security guard qualifications;
2. Continue its rights (f) the right to introduce the use of new or improved methods, technical advancement and past practice of assignment and equipment; to determine the direction of all of its personnel, need for overtime; to determine the number of shifts and security guards needed by the Company at any time; to direct the operation of the administration of the Company's pay system; to determine the number of hours of work to be worked and starting times and scheduling quitting time periods;
(g) the right to require any security guard to provide a satisfactory medical certificate for an absence of all three (3) days or more and to require medical examinations by Company appointed physicians;
(h) the right to establish personal appearance and grooming standards;
(i) the right to require security guards to attend training and to obtain and maintain certification for any legitimate job related skills or requirements including, without limitation, first aid and the use of force; Where the foregoingrights, but not in conflict with power and authority itemized above are modified or limited by the specific terms and provisions of this Collective Agreement, they shall only be modified or limited to the extent specifically provided for therein. Failure by the Company to exercise any of its Management Rights or other rights shall not be considered to be an abandonment of those rights nor shall the principle of estoppel be applied to such circumstances. The Company will not exercise its rights contrary to the express provisions of this Collective Agreement.
4.02 For the purposes of this Article the union specifically acknowledges and agrees that all Company policies, practices, procedures, rules and regulations in effect as at the right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size date of the work force and to lay off employees;
4. Determine the servicessigning of this Collective Agreement are reasonable, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methodshave been reasonably promulgated, and processes enforceable within the meaning of carrying on this Article.
4.03 The Company shall provide the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size Union with a copy of the management organization, its functions, authority, amount of supervision Company Handbook and table of organization provided any updates that may be made to the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees Handbook from time to be bound by such limitationstime.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws law and Constitution constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the The Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under the Michigan Public Employment Relations Act, MCL 423.201 et seq, as amended. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, illustration and not by be way of limitation, the right to:
1. : Manage and control the schools' school’s business, the equipment, the operations operation and to direct the working forces and affairs of the School District;
2Employer. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District Employer shall not abridge any rights of from employees as specifically provided for in the Agreement; and
11. this Agreement Determine the policy affecting the selectionselection of new employees, testing or training of employeesemployees providing such selection shall be based on lawful criteria. The Board recognizes shall not abridge the rights expressed provided in this Agreement. The parties agree to establish a Labor/Management Committee in an effort to review our overall relationship as it relates to issues that this Agreement sets forth limitations on hinder the above named powerscollective process of the Bangor School District. There will be two (2) meetings each school year, rights, authorities, duties, one per semester. The parties mutually agree to set dates for these meetings and responsibilities, and hereby agrees to be bound by such limitations.establish an agenda for these meetings. UNION MEETINGS
Appears in 1 contract
Samples: Labor Agreement
MANAGEMENT RIGHTS. The District City Council on its own behalf and on behalf of the City hereby retains and reserves unto itself all rights, powers power, authority, duty, responsibility and authority obligations conferred on and vested in it by the laws and Constitution Constitutions of Michigan the State of California and the United StatesStates of America. All The exercise of such rights, power, authority, duty, responsibility and obligations by the City Council and the adoption of such rules, regulations, policies as are necessary and as they apply to employees represented by Union, shall be in accord with this MOU to the extent that they do not violate any of the Board of Educationreserved duties, or powers which have been properly exercised by it, shall remain unaffected by this Agreement responsibilities and obligations conferred on and vested in full force and effect, unless and until changed it by the Board. Not by way of limitationlaws, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs Charter of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnelCity, determine the number of shifts and hours of work and starting times and scheduling of all Constitutions of the foregoing, but not in conflict with the specific provisions State of this AgreementCalifornia, and the United States of America. Subject to State law and the provisions of City of Santa Xxxxx Employer- Employee Relations Resolution, the rights of the City through its Council and Management include, but are not limited to: the exclusive right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; establish and enforce reasonable dress and grooming standards; direct its employees; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to lay off employees;
4. Determine be conducted; determine and change the servicesnumber of locations, supplies relocations 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement types of operations, productionsprocesses and materials to be used in carrying out all City functions including, servicesbut not limited to, maintenance the right to contract for or distribution subcontract any work or operation of workthe City; to assign work to and schedule employees in accordance with requirements as determined by the City including but not limited to, emergency overtime and callback, and the source of materials to establish and supplies;
9. Determine the financial policieschange work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, including all accounting proceduressuspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish and modify probationary periods and reasonable employee performance standards including, but not limited to, quality, and quantity standards; and to require compliance therewith; take all matters pertaining necessary actions to public relations;
10. Determine carry out its mission in emergencies; and exercise complete control and discretion over its organization and the size technology of the management organization, performing its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationswork.
Appears in 1 contract
Samples: Memorandum of Understanding
MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by Union recognizes the laws and Constitution of Michigan and the United States. All policies right of the Board Company to operate and manage the business. Without limiting the generality of Educationthe foregoing, or powers which have been properly exercised by it, shall remain unaffected by and subject to the specific provisions of the other articles of this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitationAgreement, the Board Company reserves unto itself all rightsto itself, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by management of the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitationbusiness, the right to:
1. Manage and control the schools' businessto extend, maintain, reorganize, curtail or terminate its operations, the equipmentright to require standards of performance and the maintenance of discipline, order and efficiency, the determination of production and quality standards, operations and to direct other policies, the working forces and affairs determination of the School District;
2. Continue its rights type and past practice amount of assignment and equipment to be used, the direction of all the employees and the assignment of work, the right to hire, to transfer, promote and to discharge, suspend, demote, or otherwise discipline employees for just cause, the right and authority to establish or continue its personnelpolicies, practices, rules, regulations and procedures relating to the operations of the business (including, but not limited to: employee handbooks/rules of conduct, discipline and attendance), and to change or abolish such policies, practices, rules, regulations and procedures, in its sole discretion, the right to lay off employees for lack of work or for other reasons and to recall employees, the right to require reasonable overtime work, the right to promulgate and enforce rules relating to operations, safety measures, security, and other matters, to use, install, modify/relocate or re-position security cameras and utilize/implement other technological changes relating to the operation of the business, to establish and change work schedules and hours of work, to take such measures as it may determine necessary for the orderly operation of the business and, in general, to determine what work should be performed as well as when, where, how and by whom such work shall be performed (including the contracting out of bargaining unit functions). The Company further reserves the right to determine the number of shifts employees necessary to carry out work under this Agreement, and hours to establish, modify or eliminate job classifications. These enumerated rights of work and starting times and scheduling of management are not all of the foregoing, but not in conflict with the inclusive. Except as expressly limited by specific provisions of this Agreement, the Company retains all rights which pre-existed this Agreement. The rights outlined herein shall survive expiration of this Agreement and any periods of re-negotiation thereof. The Union and the right to establish, modify or change any work or business hours or days;
3. Direct Company acknowledge and understand the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size unique nature of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof cannabis industry and the relocation or closing need to advocate for and protect the rights of offices, departments, divisions or subdivisions, buildings or other facilities;
8workers and customers. Determine the placement of operations, productions, services, maintenance or distribution of work, The Union and the source of materials Company will continue to work collaboratively towards this end and supplies;
9. Determine the financial policies, including all accounting procedures, will publicly and all matters pertaining legislatively oppose efforts to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing undermine or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, interfere with these rights, authorities, duties, and responsibilities, and hereby agrees to be bound the extent allowed by such limitationslaw.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. (6.1) The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoeversource. Rights reserved exclusively herein by the District District, which shall be exercised exclusively by the District without prior negotiations with the Association Association, either as to the taking of action under such rights rights, or with respect to the consequence of such action during the term of this Agreement Agreement, shall include include, by way of illustration, not by way of limitation, the right to:
1. (a) Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue (b) To continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct (c) The right to determine the working forcessize of the workforce, direct the workforce, including the right to hire, lay-off, promote, suspend and discharge employees, transfer employees, assign work or extra duty duty, and transfer employees according to employees, determine the size operational needs of the work force Employer. It remains with the discretion of the Employer to discipline, suspend and to lay off employeesdischarge employees for just cause, in accordance with appropriate due process;
4. (d) 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 work, including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. (e) Adopt reasonable rules and regulations, including those governing the conduct of employees in the workplace, subject to Association review;
6. (f) Determine the qualifications of employees, including physical conditionssubject to the Association's right to grieve;
7. (g) Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. (h) Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. (i) Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains A. It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers except those which are clearly and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively expressly relinquished herein by the District which Board, shall continue to vest exclusively in and be exercised exclusively by the District Board without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right to:
1. Manage and control the schools' its business, the its equipment, the and its operations and to direct the working forces and affairs of the School District;.
2. Continue its rights rights, policies, and past practice practices of assignment and the direction of all directions of its personnel, determine the number of shifts and hours of work and starting times personnel and scheduling of all of the foregoing, but not in conflict with the specific provisions of this the Agreement, and the right to establish, modify or change any work or business of school hours or days;.
3. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employeesEmployees, transfer employeesEmployees, assign work or extra duty duties to employeesEmployees, determine the size of the work force and to lay lay-off employees;Employees, but no conflict with the provisions of this Agreement.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating and/or selling its services, methods, schedules and standards of operation, the means, methods, methods and processes of carrying on the work including automation or contracting thereof or changes therein, the institution of new and/or improved methods or changes therein;.
5. Adopt reasonable rules and regulations;.
6. Determine the qualifications of employees, Employees including physical conditions;.
7. Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, school buildings, departments, divisions or subdivisions sub- divisions thereof and the relocation or closing of offices, departments, divisions or subdivisionssub- divisions, buildings or other facilities;.
8. Determine the placement of operations, productionsproduction, services, service maintenance or distribution of work, and the source of materials and supplies;.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;.
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the District Board shall not abridge any rights of employees from Employees as specifically provided for in this Agreement. The above are not to be interpreted as abridging or conflicting with any specific provision in this Agreement.
B. Notwithstanding any provision of this Agreement, the Board shall have the right to take whatever steps may be necessary in order to comply with the Americans With Disabilities Act (ADA) and other similar state or federal legislation. It is understood and agreed that such steps will be taken in consultation and agreement with the Union. In the event any provision of this Agreement or application of this Agreement conflicts with the ADA or similar state or federal legislation, the legislation shall prevail. In the event of a claim by Union alleging that this provision has been misinterpreted or misapplied, this provision shall be interpreted in a manner consistent with the purposes underlying the ADA and other similar state and federal legislation.
C. Notwithstanding any provisions of this Agreement, the Employer shall have the right to take whatever steps may be necessary in order to comply with any and all state or federal legislation. Nothing contained in the Agreement shall be construed to limit directly, or indirectly, the Board's management rights under the Public Employment Relations Act (PERA). In the event of any conflict between this section and any provision of this Agreement; and
11. Determine the policy affecting the selection, testing or training of employeesthis section shall prevail. The Board recognizes that matters contained in this Agreement sets forth limitations on and/or the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees exercise of any such rights of the Board are not subject to be bound by such limitationsfurther negotiations between the parties during the term of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The Union recognizes the District has the responsibility and authority to manage, direct, and otherwise control, on behalf of the public, all of the operations and activities of the District. The District retains all rights, powers rights and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected prerogatives not limited by this Agreement and in full force and effect, unless and until changed by the BoardAgreement. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by By way of illustration, and not by way of a limitation, the right tomanagement rights are as follows:
1. Manage A. To manage and control the schools' school's business, the equipment, the operations operations, and to direct the working forces and affairs of the School Districtemployer; and to determine the financial policies, including all accounting procedures and all matters pertaining to public relations;
2. Continue B. To continue its rights and past practice of assignment and the direction of work of all of its personnel, determine the number of shifts and shifts, hours of work and work, starting times times, and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify modify, or change any work or hours, business hours or days;
3. Direct C. The right to direct the working forces, including the right to hire, promote, suspend and discharge employeessuspend, discharge, or transfer employees, to assign work or extra duty duties to employees, to determine the size of the work force and to lay off employees;
4. Determine D. To determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein; and to determine the placement of operations, production, services, maintenance, or distribution of work and the source of materials and supplies;
5. Adopt E. To adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine F. To determine the location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions or divisions, subdivisions, buildings buildings, or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine G. To determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization organization, provided that the District employer shall not abridge any rights of from employees as specifically provided for in the this Agreement; and;
11. Determine H. To determine the policy affecting the selection, testing testing, or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to providing such selection shall be bound by such limitationsbased upon lawful criteria.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains all All City rights, powers under state law and authority charter, and all City rights which existed prior to the recognition of the Confidential Unit shall remain vested in it with the City, unless expressly abridged by the laws and Constitution of Michigan and M.O.U. These rights include, but are not limited to: -- the United States. All policies of exclusive right to determine the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all mission of its personnelconstituent departments, commissions, boards; -- set standards and levels of service; -- determine the number procedures and standards of shifts selection for employment and hours promotions; -- direct its employees; -- establish and enforce dress and grooming standards; -- determine the methods and means to relieve its employees from duty because of lack of work and starting times and scheduling or other lawful reasons; -- maintain the efficiency of all of 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 hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, governmental operations; -- determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted; -- determine the content and intent of job classifications; -- determine methods of financing; -- determine style and/or types of City-issued wearing apparel, equipment or technology to be used; -- determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to lay off employees;
4. Determine be conducted; -- determine and change the servicesnumber of locations, supplies relocations and equipment necessary types of operations, processes and materials to continue its be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; -- To assign work to and schedule employees in accordance with requirements as determined by the City and to determine the methods, establish and change work schedules and assignments upon reasonable notice; -- establish and modify productivity and performance programs and standards; -- discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law; -- establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; -- take all necessary actions to carry out its mission in emergencies; and -- exercise complete control and discretion over its organization and the technology of operationperforming its work. The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this M.O.U. In the exercise of the rights set forth in Section 4.0, the means, methods, and processes of carrying on City has the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt right to make reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 1 contract
Samples: Memorandum of Understanding
MANAGEMENT RIGHTS. Nothing in this Article shall be construed to restrict or to limit any management authority. The District retains EMPLOYER is not required to bargain on subjects reserved to the management and direction of this governmental unit, except as it affects wages, hours, and conditions of employment as noted in this Agreement. Unless otherwise modified by this Agreement, the parties shall be subject to all rights, powers protections, and authority vested in it by the laws and Constitution of Michigan and the United States. All policies obligations of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by EMPLOYER’S Personnel Policy and Procedure Manual. Except as limited under this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitationAgreement, the Board reserves unto itself all rightsmanagement rights include, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, but are not by way of limitationlimited to, the right to:
1. Manage to manage, direct and control supervise employees, including the schools' businessright to select, train, hire, including all appropriate pre-hire testing procedures, promote, transfer, demote, retain, assign, reassign, evaluate, retrain, lay off, discipline for just cause which includes reprimand, suspend, discharge, discipline, or termination for just cause, to manage and determine the location, type and number of physical facilities, type of equipment, utilization of technology, functions, programs, products, service standards, and the work to be performed, to determine the EMPLOYER’S goals, objectives, programs, services, and products and to utilize employees in a manner determined by the EMPLOYER to effectively and efficiently meet those purposes; to establish, administer and/or eliminate programs; to determine the adequacy, size and composition of the work force and each department’s/unit’s organizational structure, including the right to lay off employees from duty or to transfer employees among EMPLOYER’S sites; to relocate and/or reassign bargaining unit work; to promulgate and enforce reasonable work rules (the Union has the right to challenge the reasonableness of the work rules), policies, procedures and practices; to require employees to use or refrain from using specified equipment, uniforms, and other tools of duty; to determine the assignment of work, assignment of work location/post/unit, shifts of work, and work schedules/rotations (including designation of off days); to determine when a job vacancy exists, the equipmentduties to be included in all job classifications, and the operations standards of quality and performance to be maintained and upon which each employee shall be evaluated; to determine overtime; to determine the budget and uses thereof; to maintain the security of records and other pertinent information; to determine the location/assignment of computers, satellites, and other facilities and equipment of the EMPLOYER; to determine the EMPLOYER’S goals and mission; and to direct do all things appropriate and incidental to any of its rights, powers, prerogatives, responsibilities, and authority, and in all respects to carry out the working forces ordinary and affairs customary functions of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not EMPLOYER in conflict accordance with the specific provisions of this Agreement, and except as modified or restricted by the right to establishterms of this Agreement. Supervisors may perform work customarily performed by employees within the bargaining unit. In addition, modify or change any work or business hours or days;
3unless otherwise restricted by an express term of this Agreement, all rights are exclusively reserved by the EMPLOYER. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size Any of the work force and to lay off employees;
4. Determine the servicesrights, 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functionspowers, authority, amount and functions the EMPLOYER had prior to the negotiation of supervision this Agreement are retained by the EMPLOYER except as expressly abridged by a specific provision of this Agreement. The EMPLOYER’S not exercising rights, powers, authority, and table of organization provided that the District functions reserved to it, or its exercising them in a particular way, shall not abridge any rights be deemed a waiver of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selectionsaid rights, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, dutiesauthority, and responsibilities, and hereby agrees functions or its right to be bound by such limitationsexercise them in some other way not in conflict with a specific provision of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it have been exercised by the laws Employer, except those which are clearly and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively expressly relinquished herein by the District which Employer, shall continue to vest exclusively in and be exercised exclusively by the District Employer without prior negotiations with the Association Union either as to the taking of action under such rights or with respect to the consequence consequences of such action during the term of this Agreement the Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right to:
1. Manage manage and control the schools' school’s business, the equipment, the operations and operation; and to direct the working forces and affairs of the School District;Employer.
2. Continue its rights assign and past practice of assignment and direct the direction work of all of its personnel, ; determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to ; establish, modify modify, or change any work or business hours or days;; and to establish the terms and conditions of employment and its work force.
3. Direct direct the working forces, including the right to hire, promote, suspend suspend, and discharge employees, ; transfer employees, ; assign work or extra duty duties to employees, employees within their respective classifications; determine the size of the work force force; subcontract; and to lay lay-off employees;
4. Determine determine the type of services, supplies supplies, and equipment necessary to continue its operations and to operations; determine the means, methods, schedules schedules, and standards of operation, ; determine the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, ; and determine the institution of new and/or improved methods or of changes therein;.
5. Adopt adopt reasonable rules and regulations;.
6. Determine determine the qualifications of employees, including physical qualifications and conditions;; and to determine the policy with respect to drug and alcohol testing of bus drivers.
7. Determine determine the number and location or relocation of its facilities, including the establishment or locations relocation of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions divisions, or subdivisions, buildings buildings, or other facilities;.
8. Determine determine the placement of operations, productionsproduction, servicesservice, maintenance or distribution of work, and the source of materials and supplies;.
9. Determine determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations;.
10. Determine determine the size of the management organization, its functions, authority, amount of supervision supervision, and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andstructure.
11. Determine determine the policy affecting the selection, testing testing, or training of new employees, providing that such selection shall be based upon lawful criteria.
12. determine assignment of buses and where buses are parked, stored, and housed, both during and outside work hours; and to determine all bus routes. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilitiesresponsibilities by the Employer, the adoption of policies, rules, regulations, and hereby agrees to practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be bound limited only by such limitationsthe specific and express terms of this agreement and are in conformance with the Constitution and laws of the State of Michigan, and the Constitution and laws of the United States.
Appears in 1 contract
Samples: Master Agreement
MANAGEMENT RIGHTS. The District retains all Section 2.1 All management rights, powers powers, authority and authority vested in it by the laws functions, whether heretofore or hereafter exercised, and Constitution of Michigan and the United States. All policies regardless of the Board frequency or infrequency of Education, or powers which have been properly exercised by ittheir exercise, shall remain unaffected vested exclusively in the Company, except only as expressly limited by other provisions of this Agreement Agreement. It is expressly recognized that such rights, powers, authority and in functions include, but are not limited to, ▪ the full force and effectexclusive control, unless management and until changed operation of the facility; ▪ the determination of the scope of the facility's activities, products to be handled, work schedules and methods, quality standards, and hours and times of work and number of shifts; ▪ the determination of the operations to be performed by the Board. Not by way employees; ▪ the right to define job content and to change the same at any time; ▪ the right to introduce new or improved or changed procedures, methods, processes, machinery, materials, and standards of limitationproduction; ▪ the right to make and enforce reasonable Company rules and policies; ▪ the assignment of duties and personnel and the direction of the working forces, including, but not limited to, hiring, levels of staffing, scheduling, transfer, layoff; ▪ recall, merit increases, production incentives, promotion, or demotion of employees; ▪ the Board reserves unto itself all rightsright to discipline, powers including warning, suspension and privileges inherent in it discharge for just cause; and ▪ The right to use contract or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as leased employees.
Section 2.2 Management will not do bargaining unit work unless for experimental or training purposes or if qualified personnel are not available due to the taking of action under such rights or with absenteeism.
Section 2.3 With respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitationCompany's management right to use contract and leased employees, the parties agree that this right towill be limited in three ways:
1. Manage contract and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School Districtleased employees will be used only when necessary;
2. Continue its rights contract and past practice of assignment leased employees will be used only if bargaining unit employees are fully utilized; and
3. contract or leased employees will be used only if the company has contacted the Union to see if the Union can supply additional manpower and the direction of all of its personnelUnion is unable to supply sufficient additional manpower; and
4. If a contract or leased employee works at the Dundalk facility for 800 hours during a 90-day period, determine that worker will be hired by the number of shifts Company as an employee who will be included in the bargaining unit and hours of work and starting times and scheduling of all of covered by the foregoing, but not in conflict with the specific provisions terms of this Agreement, and the right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains Unless specifically in conflict with this Memorandum of Understanding (MOU), all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, management rights shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved vested exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such City. City management rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, but are not by way of limitation, the right limited to:
1. Manage a) The right to determine the mission of the City, including without limitation the City’s agencies, department, divisions, boards, and commissions;
b) The right of full and exclusive control of the schools' businessmanagement of the City; supervision of all operations; determinations of methods, means, location and assignments of performing all work; and the equipmentcomposition, assignment, direction location and determination of the operations size and mission of the work force;
c) The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for an position(s) within the City;
d) The right to review and inspect, without notice, all City-owned facilities, including without limitation, desktop computers, work areas and desks, email, computer storage drives, voicemail systems, as well as filing cabinet systems;
e) The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to direct the working forces and affairs of the School Districtcontract out for work;
2. Continue its rights f) The right to establish and past practice modify qualifications for employment, including the content of assignment and the direction of all of its personnelany job classification, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreementjob description or job announcement, and the to determine whether minimum qualification are met;
g) The right to establish, maintain and modify or change any work or business hours or daysthe City’s Pay and Classification Plan subject to “meet and confer” requirements;
3. Direct the working forcesh) The right to establish and enforce Employee Performance Standards and Employee Performance Evaluations;
i) The right to schedule and assign work, make reassignments and assign overtime work;
j) The right to hire, fire, promote, reassign, transfer, release, discipline, layoff, terminate, demote, suspend or reduce in step or grade all employees;
k) The right to establish and modify bargaining units and to assign new or amended job classifications to particular bargaining units;
l) The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to hirerequire employees to appear, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge respond truthfully in good faith regarding any rights of employees as specifically provided in the AgreementCity investigation; and
11m) The right to maintain orderly, effective and efficient operations. Determine “The City's reservation of its management rights does not modify the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations City's obligation to meet and confer on the above named powersimpacts of management rights decisions on the terms and conditions of employment of employees covered by this MOU, rights, authorities, duties, to the extent that meet and responsibilities, and hereby agrees to confer would be bound otherwise required by such limitationsthe Xxxxxx Xxxxxx Xxxxx Act.”
Appears in 1 contract
Samples: Memorandum of Understanding
MANAGEMENT RIGHTS. The District retains all rightsSection 1. It is recognized that the government and management of the VILLAGE, powers control and authority vested in it by the laws and Constitution management of Michigan its properties, and the United States. All policies maintenance of municipal functions and operations are reserved to the VILLAGE and that all lawful and reasonable prerogatives of the Board of Education, or powers which have been properly exercised by it, VILLAGE shall remain unaffected and be solely to the VILLAGE'S right and responsibility, except as limited by this Agreement applicable law. Such rights and in full force responsibilities belonging solely to the VILLAGE and effecthereby recognized, unless and until changed prominent among which but by the Board. Not by way of limitationno means wholly inclusive are: all rights involving public policy, the Board reserves unto itself all rightsrights to decide the number of employees, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by work normally performed within the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitationunit, the right to:
1. Manage and control the schools' businessto hire employees, determine their qualifications, conditions of employment, the right to promote which is not inconsistent with this AGREEMENT, discharge or discipline for just cause, and to maintain fair and reasonable discipline and effectiveness of employees, to make fair and reasonable rules and regulations and orders which are not inconsistent with the terms and provisions of this AGREEMENT, the scheduling of work, methods of departmental operations, the selection, procurement, designing, engineering, purchasing and the control of equipment, supplies, and materials, the operations and right to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, and the right to contract services by others provided the contracted services shall not be for police and fire services normally performed by Public Safety Lieutenants and Sergeants.
Section 2. It is further recognized that the responsibility of the management of the VILLAGE for the selection and direction of the working forces, including the right to hire, suspend, or discharge for just cause; the right to assign, promote or transfer according to written guidelines which are not inconsistent with the terms and provisions of this AGREEMENT; to determine the amount of overtime to be worked, to relieve employees from duty because of just cause, or for other legitimate reasons, is vested exclusively in the VILLAGE, subject only to the seniority rules, grievance procedure, guidelines mentioned in this section, and other express provisions. of this AGREEMENT as herein set forth.
Section 3. It further recognized that the responsibility and authority to determine the scheduling as to hours and type of work is vested exclusively with the VILLAGE. It is further recognized that the VILLAGE may, in lieu of laying off personnel, reassign employees to another classification within the Department, provided that the District any employee who is laid off or involuntarily transferred shall not abridge any rights of employees as specifically provided in the Agreement; andbe reassigned to his prior position when such position is next filled.
11. Determine the policy affecting the selection, testing or training of employeesSection 4. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authorities, dutiesand responsibilities by the VILLAGE, the adoption of policies, rules and regulations and practices in furtherance thereof, and responsibilitiesthe use of judgment and discretion in connection therewith shall be limited only by specific and expressed terms of the AGREEMENT, and hereby agrees then only to be bound by the extent such limitationsspecific and expressed terms are in conformance with the Constitution and laws of the State of Michigan and of the United States.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains (a) It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers except those which are clearly and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein expressly relinquished by the District which Board, shall continue to vest exclusively on and be exercised exclusively by the District Board without prior negotiations with the Association either Union as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, subject to the express provisions of this Agreement, the right to:
(1. ) Manage and control the schools' its business, the its equipment, the and its operations and to direct the working forces force and affairs of the School District;school district.
(2. ) Continue its rights rights, policies, and past practice practices of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times personnel and scheduling of all of 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;.
(3. Direct ) The right to direct the working forcesforce, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty duties to employees, determine the size of the work force and to lay lay-off employees;, but not in conflict with the provisions of this Agreement.
(4. ) Determine the services, supplies supplies, and equipment necessary to continue its operations and to determine the all methods and means of distributing, disseminating, and/or selling its services, methods, schedules and standards of operation, the means, methods, and processes of carrying on the work work, including automation thereof or changes therein, and the institution of new and/or improved methods or changes therein;.
(5. ) Adopt reasonable rules and regulations;regulations which shall be made known in writing to the employees.
(6. ) Determine the qualifications of employees, including physical conditions;condition.
(7. ) Determine the location number and locations or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions divisions, or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. (8) Determine the placement of operations, productions, services, maintenance maintenance, or distribution of work, and the source of materials and supplies;.
(9. ) Determine the financial policies, ; including all accounting procedures, procedures and all matters pertaining to public relations;.
(10. ) Determine the size of the management organization, its functions, authority, and amount of supervision and table of organization supervision, provided that the District Board shall not abridge any rights of employees the employee as specifically provided for in the this Agreement; and.
(11. ) Determine the policy affecting the selection, testing testing, or training of employees. The Board recognizes , provided that such selection shall be based upon lawful criteria.
(b) All rights, powers, and interests which have not been expressly granted to the Union by the provisions of this Agreement sets forth limitations on are reserved to the above named powersBoard.
(c) The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiation between the parties during the term of this Agreement, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsexcept as specifically provided for in this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District JPA retains all its exclusive rights and authority under State law and JPA ordinances and expressly and exclusively retains its management rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, but are not by way of limitation, the right limited to:
1. Manage and control A. the schools' businessexclusive right to determine the mission of its constituent departments, the equipmentcommissions, the operations and to direct the working forces and affairs of the School Districtboards;
2. Continue its rights B. set standards and past practice levels of assignment and the direction of all of its personnel, services;
C. determine the number procedures and standards of shifts selection for employment and hours of work and starting times and scheduling of all of 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 hours or dayspromotions;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off D. direct its employees;
4. Determine E. determine the services, supplies methods and equipment necessary means to continue relieve its operations and to employees from duty because of lack of work or other lawful reasons;
F. maintain the efficiency of governmental operations;
G. determine the methods, schedules means, and standards numbers and kinds of operation, persons by which government operations are to be conducted;
H. determine methods of financing;
I. determine style and/or types of JPA-issued equipment to be used;
J. determine and/or change the meansfacilities, methods, technology, means, organizational structure and processes composition of carrying on the work including automation thereof or changes thereinforce, and allocate and assign work by which the institution of new and/or improved methods or changes thereinJPA operations are to be conducted;
5. Adopt reasonable rules K. determine and/or change the number of locations, relocations, and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement types of operations, productionsprocesses, and materials to be used in carrying out all JPA functions, including, but not limited to, the right to contract for or subcontract any work, labor, services, maintenance or distribution operations of workthe JPA;
L. assign work and schedule employees in accordance with requirements as determined by the Authority. The Fire Chief, or the Fire Chief’s designee with the prior approval of the Fire Chief, has the right to establish and change work schedules, station assignments and shift assignments upon reasonable notice. Reasonable notice for purpose of this section will be no less than 14 days before an employee is scheduled to fill a station or shift assignment;
M. establish and modify productivity and performance programs and standards;
N. discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law. not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding; provided, however, that the source exercise of materials and supplies;
9. Determine such rights does not preclude employees or their representatives from conferring or raising grievance about the financial policiespractical consequences that decisions on these matters may have on wages, including all accounting procedureshours, and all matters pertaining to public relations;
10other terms and conditions of employment. Determine Nothing in this Management Rights clause modifies the size scope of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations representation defined on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsXxxxxx-Xxxxxx-Xxxxx Act.
Appears in 1 contract
Samples: Memorandum of Understanding
MANAGEMENT RIGHTS. SECTION 1 – The District retains all rights, powers Parties expressly understand and authority vested in it by agree that neither the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term fact of this Agreement nor any provision contained in this Agreement shall include by way in any manner alter, affect, or impair the Fire District’s sole and exclusive right to manage the affairs of illustrationthe Fire District, including but not by way of limitationlimited to, the right toto change the level or nature of services provided by the Fire District.
SECTION 2 – Except where limited by an express provision of this Agreement, nothing in this Agreement shall be construed to restrict, limit, or impair the rights, powers, and authority of the Fire District expressly granted or inferred by federal, state, or local law. These rights, powers, and authority include, but are not limited to the following:
1. Manage The determination and control establishment of Fire District policy, including the schools' business, right to manage the equipment, the operations and to direct the working forces and affairs of the School DistrictFire District in all respects;
2. Continue its rights The right to assign and past practice limit working hours, including overtime;
3. The right to establish, modify, or change work schedules;
4. The right of assignment staffing of apparatus, and the direction amount of all of its personnel, determine apparatus in the number of shifts and hours of work and starting times and scheduling of all of main or reserve fleet;
5. The right to direct the foregoing, but not in conflict with the specific provisions of this AgreementFire District’s members, and the right to establishselect, modify hire or change appoint, implement corrective or disciplinary action, or terminate, classify, reclassify, suspend, layoff, promote, demote, or transfer any work Fire District member, or business hours or daysrelieve them from duty;
36. Direct The right to maintain the working forcesdiscipline and efficiency of the members, including the right to hirediscipline the Fire District’s members, promoteand the right to terminate any Bargaining Unit member;
7. The right to organize or reorganize the Fire District in any manner it chooses, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine including determining the size of the work force and to lay off employees;
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methodsFire District, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules job classification and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilitiesranks based upon duties assigned;
8. Determine The right to determine the placement of operationsFire District’s safety, productions, services, maintenance or distribution of workhealth, and the source of materials and suppliesproperty protection measures;
9. Determine the financial policies, including The right to allocate and assign work to all accounting procedures, and all matters pertaining to public relationsFire District members;
10. Determine The right to determine policies affecting member selection and training;
11. The right to schedule operations and determine the size number and duration of hours of assigned duty per week;
12. The right to establish, discontinue, modify, and enforce the Fire District’s rules, policies, procedures, and guidelines, including but not limited to the rules, policies, procedures, and guidelines contained in the Fire District’s Member Handbook, Payroll Manual, and Standard Operating Guidelines, consistent with Article VI of this Agreement;
13. The right to transfer work from one position or member to another within the Fire District;
14. The right to introduce new, improved, or different methods and techniques of operation of the management organizationFire District or changes in existing methods and techniques;
15. The right to determine and control the placing of service, its functionsmaintenance or other work with outside contractors, authorityvendors, manufacturers, suppliers, or providers;
16. The right to determine the number of ranks and the number of members within each rank;
17. The right to determine the amount of supervision necessary;
18. The right to determine necessary or appropriate actions in any emergency;
19. The right to determine whether to layoff members because of lack of work or lack of funds;
20. The right to determine and table implement the methods, equipment, facilities and other means and personnel by which Fire District operations are to be conducted, and to take the steps it deems necessary to maintain the efficiency and safety of organization provided that said operations and of the District shall not abridge any rights of employees as specifically provided in the Agreementpersonnel engaged therein; and
11. Determine the policy affecting the selection, testing or training of employees21. The Board recognizes right to determine its budget, organization, and the merits, necessity, and level of any activities or services provided. This statement of management rights, powers, and authority is not exclusive of other rights, powers, and authority not listed herein that are not in conflict with an express provision of this Agreement. Nothing in this Agreement sets forth limitations on shall prohibit the above named powersFire District Board and/or the Fire Chief from establishing, rights, authorities, dutiesfrom time to time and at any time, and responsibilitiesin their sole discretion, such minimum standards for Bargaining Unit members as are deemed necessary, including, but not limited to, annual testing of physical health, fitness, agility, and hereby agrees other qualifications to be bound the extent authorized by such limitationslaw.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. Section 1: The District Union recognizes that there are certain functions, responsibilities, and management rights exclusively reserved to the Employer. The Employer hereby retains and reserves unto itself without limitation, all powers, rights, powers authority, duties and authority responsibilities conferred upon and vested in it prior to and after the signing of this Agreement by the laws and Constitution of Michigan the State of New Jersey and of the United States subject to such limitations as are specifically provided in this Agreement or applicable laws.
Section 2: It shall be mutually agreed that the Xxxxxxx Township Municipal Utilities Authority, as Employer, and the United States. All policies of the Board of EducationUnion, or powers which have been properly exercised by itas employees, shall remain unaffected by this Agreement and in full force and effect, unless and until changed will abide by the BoardNew Jersey Administrative Code, Title 4A, Department of Personnel rules and regulations. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from If any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term provision of this Agreement contravenes the Department of Personnel rules and regulations it shall include by way be deemed invalid and the Department of illustration, not by way of limitation, Personnel rules and regulations shall control.
Section 3: Nothing in this Agreement shall interfere with the right of the Employer, in accordance with the applicable law, rules and regulations, to:
1. Manage A. To exercise the executive management and administrative control of the schools' businessXxxxxxx Township Municipal Utilities Authority and its property and facilities and the activities of its employees;
B. To hire all employees and to determine their qualifications and conditions of continued employment or assignment, and to promote and transfer employees;
C. To suspend, demote, discharge or take other disciplinary action as necessary;
D. To establish a code of rules and regulations of the equipmentXxxxxxx Township Municipal Utilities Authority for the operation of the Authority and to change, modify or promulgate reasonable rules and regulations, with copies and amendments thereto being provided to the Union and employees;
E. To make all decisions relating to the performance of the Authority's operations and maintenance activities, including but not limited to direct the methods, means, process materials, procedures and employees to be utilized;
F. To establish any new job classifications, job requirements and qualifications;
G. To change, combine, or establish and schedule the working forces hours of employees, and affairs to give reasonable notice of same to the employees, by the posting of the School Districtschedule;
2. Continue its rights H. To change the job content and past practice duties of assignment any classification; pursuant to the Department of Personnel job specifications;
I. To take any actions considered necessary to establish and maintain efficiency and cost effective operations, and maintenance;
J. To determine the direction work performance level and standards of all performance of its personnelthe employees;
K. To assign work as it determines will benefit the Authority and/or the public it serves;
L. To request an employee to temporarily work in a job having a different classification, provided however, if an employee works in a higher classification for more than five (5) consecutive days, he/she will be entitled to out-of-title pay;
M. To utilize the services of a contractor or subcontractor when, in the judgment of the Employer, such services would be more efficient; provided however, such services shall not cause a reduction of normal work hours.
N. To determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, employees and the right duties to establish, modify be performed; O. And to establish or change any work term or business hours condition of employment which is not specifically covered within this Agreement.
Section 4: The failure to exercise any of its foregoing rights, or days;
3any right deemed to be a management right by tradition, by agreement, by mutual acceptance, or by practice, shall not be deemed to be a waiver thereof; all management rights ever granted or exercised heretofore are specifically incorporated herein. Direct Any act taken by the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methodsEmployer not specifically prohibited by this Agreement shall be deemed a management right, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees be considered such as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.it fully
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. SECTION 1 – The District retains all rights, powers Parties expressly understand and authority vested in it by agree that neither the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term fact of this Agreement nor any provision contained in this Agreement shall include by way in any manner alter, affect or impair the Fire District’s sole and exclusive right to manage the affairs of illustrationthe Fire District, including but not by way of limitationlimited to, the right toto change the level or nature of services provided by the Fire District.
SECTION 2 – Except where limited by an express provision of this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the rights, powers, and authority of the Fire District expressly granted or inferred by federal, state or local law. These rights, powers, and authority include, but are not limited to the following:
1. Manage The determination and control establishment of Fire District policy, including the schools' business, right to manage the equipment, the operations and to direct the working forces and affairs of the School DistrictFire District in all respects;
2. Continue its rights The right to assign and past practice limit working hours, including overtime;
3. The right to establish, modify, or change work schedules;
4. The right of assignment staffing of apparatus, and the direction amount of all of its personnel, determine apparatus in the number of shifts and hours of work and starting times and scheduling of all of main or reserve fleet;
5. The right to direct the foregoing, but not in conflict with the specific provisions of this AgreementFire District’s members, and the right to establishselect, modify hire or change appoint, implement corrective or disciplinary action or terminate, classify, reclassify, suspend, layoff, promote, demote, or transfer any work Fire District member, or business hours or daysrelieve them from duty;
36. Direct The right to maintain the working forcesdiscipline and efficiency of the members, including the right to hirediscipline the Fire District’s members, promoteand the right to terminate any Bargaining Unit member;
7. The right to organize or reorganize the Fire District in any manner it chooses, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine including determining the size of the work force and to lay off employees;
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methodsFire District, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules job classification and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilitiesranks based upon duties assigned;
8. Determine The right to determine the placement of operationsFire District’s safety, productions, services, maintenance or distribution of workhealth, and the source of materials and suppliesproperty protection measures;
9. Determine the financial policies, including The right to allocate and assign work to all accounting procedures, and all matters pertaining to public relationsFire District members;
10. Determine The right to determine policies affecting member selection and training;
11. The right to schedule operations and determine the size number and duration of hours of assigned duty per week;
12. The right to establish, discontinue, modify, and enforce the Fire District’s rules, policies, procedures, and guidelines, including but not limited to the rules, policies, procedures, and guidelines contained in the Fire District’s Member Handbook, Payroll Manual, and Standard Operating Guidelines, consistent with Article VI of this Agreement;
13. The right to transfer work from one position or member to another within the Fire District;
14. The right to introduce new, improved or different methods and techniques of operation of the management organizationFire District or changes in existing methods and techniques;
15. The right to determine and control the placing of service, its functionsmaintenance or other work with outside contractors, authorityvendors, manufacturers, suppliers or providers;
16. The right to determine the number of ranks and the number of members within each rank;
17. The right to determine the amount of supervision necessary;
18. The right to determine necessary or appropriate actions in any emergency;
19. The right to determine whether to layoff members because of lack of work or lack of funds;
20. The right to determine and table implement the methods, equipment, facilities and other means and personnel by which Fire District operations are to be conducted, and to take the steps it deems necessary to maintain the efficiency and safety of organization provided that said operations and of the District shall not abridge any rights of employees as specifically provided in the Agreementpersonnel engaged therein; and
11. Determine the policy affecting the selection, testing or training of employees21. The Board recognizes right to determine its budget, organization, and the merits, necessity, and level of any activities or services provided. This statement of management rights, powers, and authority is not exclusive of other rights, powers, and authority not listed herein that are not in conflict with an express provision of this Agreement. Nothing in this Agreement sets forth limitations on shall prohibit the above named powersFire District Board and/or the Fire Chief from establishing, rights, authorities, dutiesfrom time to time and at any time, and responsibilitiesin their sole discretion, such minimum standards for Bargaining Unit members as are deemed necessary, including, but not limited to, annual testing of physical health, fitness, agility, and hereby agrees other qualifications to be bound the extent authorized by such limitationslaw.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. 4.1 The District retains all rights, powers Union recognizes and authority vested in it by agrees that the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, Hospital Administration has the right to:
1. Manage and control to govern all aspects of operating the schools' business, the equipment, the operations Hospital and to direct its entire work force at all times. The Union agrees it will not disrupt or interfere with the working forces sole and affairs exclusive right and responsibility of Administration to manage and operate the Hospital.
4.2 The management of the School District;
2. Continue Hospital and its rights and past practice of assignment and operation, the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct the working forcesforce, including the right to hire, promote, suspend demote, suspend, transfer, discharge or discipline for cause; and discharge the right to maintain discipline and efficiency of its employees, transfer employees, assign and the right to relieve employees because of a lack of work or extra duty for other legitimate reasons; and the right to employees, determine the extent to which the Hospital shall be operated, the number, location, type and quantity of facilities and installations; and the right to introduce new or improved methods of operation, procedures or equipment, including the determination of the quality and quantity of services, the control of materials, tools and equipment to be used, the elimination of any services, materials or methods of operation, and the institution of technological changes, materials, supplies, equipment and tools; and the right to determine the assignment, scheduling and size of the work force force, including the number of shifts to be worked, the hours of the shifts, starting and quitting time and the method of training employees; and the right to assign work to outside contractors and to lay off employees;
4. Determine eliminate; change or consolidate jobs, classes, shifts and operations; and the servicesright to implement a dress code and/or uniform; and the right to enact hospital policies, 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6regulations which are not in conflict with this Agreement, are vested exclusively in the Employer. Determine the qualifications of employeesThe Employer, including physical conditions;
7. Determine the location or relocation on its own behalf and on behalf of its facilitiesboard and Administration, including the establishment or locations of new schoolshereby retains and reserves unto itself, buildingswithout limitation, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authoritiesauthority, dutiesduties and responsibilities conferred and vested in it under the laws and constitution of the State of Illinois and the United States. The above rights of management are not all inclusive, but indicate the type of matters or rights which belong to and are inherent to management. Any of the rights, powers or authority the Hospital had prior to the signing of this Agreement are retained by the Hospital, except those specifically abridged, delegated, granted to other, or modified by this Agreement and any supplementary agreements that may hereafter be made.
4.3 An employee covered by this Agreement shall immediately proceed to carry out any reasonable order or instruction given him by the Hospital unless his doing so would obviously jeopardize the health or safety of himself or others beyond any such risks which may be inherent in the work of this classification. He shall raise any question he has as to the Hospital's right to give him the order or instruction only after he carries out the order or instruction, and responsibilitieshis question must be based on a reasonable and sensible reading of a specific provision, or specific provisions, of this Agreement.
4.4 The Hospital shall notify the Union when it plans any new hires or fills any vacancies and hereby agrees shall give the Union an opportunity to be bound by such limitationsrecommend reliable and competent candidates for employment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. Section 3.1 The District retains Union recognizes the sole and exclusive prerogative of the City to operate and manage its affairs in all rightsrespects in accordance with its public trust and interest, and the laws of the United States, the State of Michigan and its charter, and further recognizes that the powers and authority vested in it by which the laws City has not officially and Constitution of Michigan and the United States. All policies of the Board of Educationspecifically abridged, delegated or powers which have been properly exercised by it, shall remain unaffected modified by this Agreement and in full force and effect, unless and until changed are retained by the Board. Not by way City.
Section 3.2 The Union agrees that the Employer reserves all of limitation, the Board reserves unto itself all its customary rights to manage and without limiting such rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by shall have the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the exclusive right to:
1. Manage (a) Determine the number and control location of its departments, services and the schools' businessactivities to be performed.
(b) Determine all methods of operation and to introduce new or improved working methods.
(c) Introduce new equipment, machinery, processes or services; or eliminate existing equipment, machinery, processes, services and institute technological changes, decide on the nature of materials, supplies, equipment, tools or machinery to be bought, made or used, providing that if the elimination of equipment, machinery, processes or services causes the layoff of employees, the equipmentEmployer shall discuss the effect thereof with the Union.
(d) Determine the organization of management and the selection of employees for promotion to supervisory and other management functions.
Section 3.3 The Union further agrees that, except as expressly restricted by this Agreement, the Employer retains the right to manage its operations and to direct the working forces and affairs of the School District;Employer, including, but not limited to, the right to:
2. Continue its rights (a) Determine methods and past practice schedules of assignment operations and activities, including the direction of all of its personnel, determine the number of shifts and hours transfer or subcontracting of work and starting times the type of equipment to be used, except as provided in Section 25.6.
(b) Determine the basis for selection of employees for hiring and scheduling the basis for their retention or dismissal during the probationary period.
(c) Maintain discipline of all employees, including the right to make reasonable rules and regulations for the purpose of the foregoingefficiency, but not in conflict with the specific provisions of this Agreement, safe practice and the right to establishdiscipline for just cause. The reasonableness of any new rules with respect to the general conduct of employees which would involve warnings, modify disciplinary layoffs, or change any discharge may be questioned through the grievance procedure as set forth in this Agreement.
(d) Direct generally the work or business hours or days;
3. Direct of the working forcesemployees, subject to the terms and conditions of this Agreement, including the right to hire, promoteto discharge, to suspend and discharge employeesor otherwise discipline employees for just cause, to promote employees or transfer employeesthem, to assign work them to particular jobs or extra duty shifts, to employees, determine the size amount of the work force needed and to lay employees off employees;
4. Determine the servicesfor lack of work or for other proper or legitimate reason, supplies and equipment necessary to continue its operations and to determine standards and the methods, schedules quality and standards quantity of operation, the means, methodswork to be produced, and processes of carrying on the work including automation thereof to make such time or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District cost studies as it shall not abridge any rights of employees as specifically provided require in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsconnection therewith.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. The District retains 2.1 It is expressly agreed that all rights, powers rights which ordinarily vest in and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers except those which are clearly and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively expressly relinquished herein by the District which Board, shall continue to vest exclusively in and be exercised exclusively by the District Board without prior negotiations with the Association Union, either as to the taking of action under such rights rights, or with respect to the consequence of such action during the term of this Agreement the Agreement. Such rights shall include include, by way of illustration, illustration and not by way of limitation, the right toright:
1. Manage 2.11 to the executive management and administrative control of the schools' businessschool system and its properties, facilities, equipment and the equipmentactivities of its employees during employee working hours;
2.12 to hire all employees and, subject to the operations provision of law, to determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, layoff or demotion, and to direct the working forces promote and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of transfer all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of 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 hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off such employees;
4. Determine 2.13 to establish levels and assignments as deemed necessary or advisable by the Board;
2.14 to determine the services, supplies and equipment necessary to continue its operations and to determine the all methods and means of distributing dissemination, and/or selling its services, methods, schedules and standards of operation, ; the means, methods, methods and processes of carrying on the work including automation thereof or contracting thereof, or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules 2.15 to adopt rules, regulations and regulationsdetermine the number, need and length of their assignments;
6. Determine 2.16 determine the qualifications of employees, including physical conditions;
7. Determine the number and location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions subdivisions, thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;.
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining 2.17 to public relations;
10. Determine determine the size of the management organization, its functions, authority, amount of supervision and table of organization organization, provided that the District Board shall not abridge any rights of from employees as specifically provided for in the this Agreement; and.
11. Determine 2.18 to determine the policy affecting the selection, testing or training of employees. , providing that such selection shall be based upon lawful criteria.
2.19 The Board recognizes that retains the right to establish and equitably enforce personnel policies relating to the duties and responsibilities of all employees which are not inconsistent with the provisions of this agreement or violation of law. Every employee of the school district is expected to adhere to Board policies and procedures. Board policies shall be made available for review online and through the building administrator.
2.2 The above are not to be interpreted as abridging or conflicting with any specific provisions of this Agreement.
2.3 The matters contained in this Agreement sets forth limitations on and/or the above named powersexercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, rightsunless by mutual consent.
2.4 Nothing in this Master Agreement shall be construed to limit the power and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, authoritiesthe rights and responsibilities as are conferred under the School Code.
2.5 The listing of specific management rights in this Agreement is not intended to be, dutiesnor shall it be restrictive of or a waiver of, any rights of management not listed and responsibilitiesspecifically surrendered herein, and hereby agrees to be bound whether or not such rights have been exercised by such limitationsthe Board in the past.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. A. The District Board retains all rights, powers and authority vested in it by the laws and Constitution constitution of Michigan and the United States. All policies of the Board of EducationEducation Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effecteffort, unless and until changed by the Board. Not Any additions, subtractions, or revisions, as made by way of limitation, the Board reserves unto itself all rightsfrom time to time, powers shall become and privileges inherent remain unaffected by this Agreement and in it or conferred upon it from any source whatsoeverfull force and effect unless changed by the Board. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement Board, shall include by way of illustration, and not by way of limitation, the right to:
1. Manage and control the schools' school's business, the equipment, the operations and to direct the working forces work force and affairs of the School District;Employer.
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the The right to establish, modify or change any direct the work or business hours or days;
3. Direct the working forcesforce, including the right to hire, evaluate, promote, suspend and discharge employees, transfer employees, assign work or extra duty duties to employees, determine the size of the work force and to lay off employees;.
43. Determine the services, supplies and equipment necessary to continue its operations and operation; to determine the methods, schedules and standards of operation, ; the means, methods, and processes of carrying on the work work; including the automation thereof or changes therein, ; the institution instruction of new and/or improved methods methods, or changes therein;.
54. Adopt reasonable rules and regulations;.
65. Determine the qualifications of employees, including physical conditions;.
76. Determine the location or relocation of its facilities, including the establishment or locations relocations of new schools, buildings, departments, divisions or subdivisions thereof thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings building or other facilities;.
87. Determine the placement of operations, productionsproduction, services, maintenance or distribution of work, and the source of materials and supplies;.
98. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;.
109. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the Agreement; andorganization.
1110. Determine the policy affecting the selection, the testing or training of employees. , providing such selection shall be based upon lawful criteria.
B. The Board recognizes that this Agreement sets forth limitations on exercise of the above named foregoing powers, rights, authoritiesauthority, duties, and responsibilitiesresponsibilities by the Board, the adoption of policies, rules, regulations, and hereby agrees practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to be bound by the extent such limitationsspecific and express terms hereof, are in conformance with the Constitution and laws of the State of Michigan and the Constitution and the laws of the United States.
Appears in 1 contract
Samples: Master Agreement
MANAGEMENT RIGHTS. 3.01 The District retains Union recognizes and agrees that except as specifically abridged or modified by this Agreement, all rights, powers and authority vested in it by the laws are retained solely and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District Employer.
3.02 For greater certainty, but without prior negotiations with limiting the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all generality of the foregoing, but not in conflict with the Union recognizes and agrees that subject to the specific provisions of this Agreement, Agreement the Employer has the sole and the right exclusive right:
(a) to establish, modify or change any work or business hours or daysoperate and manage its activities in all respects in an efficient and economic manner as it sees fit;
3. Direct the working forces, including the right (b) to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of direct the work force and to lay select, hire, retire, promote, demote, transfer, assign, classify, lay-off and recall employees;
4. Determine the services(c) to maintain order, supplies discipline and equipment necessary efficiency and to continue its operations discipline, suspend and discharge employees for just cause (except probationary employees who may be discharged for any reason);
(d) to establish, maintain, alter and enforce reasonable rules, regulations, policies and procedures to be observed by employees;
(e) to establish new positions and to alter, consolidate or abolish existing positions;
(f) to determine the methodsnumber of employees needed at any time, the hours and shifts to be worked, the duties to be performed, overtime requirements, the employees to perform overtime work, position content, standards of performance and the qualifications of the employees to perform work;
(g) to determine the hours and schedules and standards of operation, the meansoperating techniques, methods, procedures and processes and means of carrying on the work including automation thereof or changes thereinperforming work, the institution productions and services to be provided and the extension, limitation, curtailment or cessation of new and/or improved methods operations or changes therein;any part thereof and to engage or contract with outside contractors or firms; and
5. Adopt reasonable rules (h) to have the sole and regulations;
6. Determine the qualifications of employeesexclusive jurisdiction over all operations, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schoolslocations, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and equipment.
3.03 Subject to the source doctrine of materials and supplies;
9. Determine Estoppel, the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size Employer’s non-exercise of the management organization, its functions, authority, amount of supervision and table of organization provided that the District any right or function shall not abridge any be deemed a waiver of its right to exercise such right or function.
3.04 The rights referred to in this Article shall be exercised in a fair, reasonable and safe manner, in good faith and be subject to the provisions of employees as specifically provided in the this Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 1 contract
Samples: Collective Agreement
MANAGEMENT RIGHTS. 5.1 The District retains District, as a public employer, shall have and maintain all rightsrights established by Florida Law, powers which shall include, but not be limited to, the following:
A. Determine unilaterally, the purpose and authority vested in it by mission of each department or division.
B. Set standards and levels of service to be offered to the laws public.
C. To determine the purpose and Constitution of Michigan and the United States. All policies functions of the Board of EducationDistrict and its constituent divisions/operations.
D. To determine and manage the District, or powers which have been properly exercised by it, shall remain unaffected by this Agreement its organization and in full force exercise sole and effect, unless exclusive control and until changed by absolute discretion over the Board. Not by way of limitation, the Board reserves unto itself all rights, powers organization and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' business, the equipment, the operations and to direct activities thereof.
E. Determine and adopt such policies and programs, standards, rules and regulations as deemed necessary for the working forces operation and affairs improvement of the School District;; and to select, manage, direct and evaluate all management, supervisory, administrative, and other personnel.
2. Continue its rights F. To suspend, demote, discharge, transfer or take other disciplinary action against employees for proper cause.
G. Decide the number, location, design and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all maintenance of the foregoingDistrict's facilities, but not in conflict with the specific provisions of this Agreementsupplies, and equipment; and to relocate, remodel, or otherwise revise operations and facilities as may be necessary for the right to establish, modify or change any work or business hours or days;
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size operation of the work force and to lay off employees;District.
4. 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 automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. H. Determine the qualifications of all employees of the District; and to select, examine, hire, classify, train, assign, schedule, direct, transfer, promote, discipline, discharge, layoff, retain and manage all employees of the District.
I. It is expressly understood by both parties, notwithstanding anything to the contrary contained herein, that management rights shall not be expanded by this Article nor shall the rights of the Bargaining Agent be diminished beyond those rights stated in the Florida Statute 447 or as interpreted by State or Federal Courts of Florida.
J. To use managerial, supervisory employees or reserves/volunteer personnel to perform work performed by employees.
K. Nothing contained in this agreement shall expand or diminish management’s rights as outlined in FS 447.
5.2 If, in the sole discretion of the Fire Chief, it is determined that civil emergency conditions exist, including physical but not limited to riots, civil disorders, hurricane conditions;, or similar catastrophes, the provisions of this Agreement may be suspended by the Fire Chief or the District during the time of the declared emergency.
7. Determine 5.3 The District Commission has the location or relocation sole authority to determine the mission of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof District and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size amount of the management organization, its functions, authority, amount budget to be adopted.
5.4 The exercise of supervision and table of organization provided that the District above rights shall not abridge any rights of preclude employees as specifically provided in the Agreement; and
11. Determine the policy affecting the selection, testing or training of employees. The Board recognizes that this Agreement sets forth limitations their representatives from raising a grievance should decisions on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitationsmatters violate a specific provision of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. Section 1. The District retains all Board and the Bargaining Unit recognize and agree that the Board is charged with certain powers, rights, powers authority, duties and authority vested in it responsibilities by the laws and Constitution constitution of the State of Michigan and of the United StatesStates which it must assume and discharge and which may not be delegated. All policies Nothing contained herein, either expressed or implied, shall abridge, abrogate, or usurp such rights or duties of the Employer.
Section 2. Except as specifically stated and expressly provided in this Agreement, the Board retains the sole and exclusive right to manage and operate the Allegan County Road Commission in all its operations and activities. Among the rights of Educationmanagement, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not included by way of limitation, the Board reserves unto itself all rights, powers illustration and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, is the right to:
1. Manage and control to determine all matters pertaining to the schools' business, the equipment, the operations and services to direct the working forces and affairs of the School District;
2. Continue its rights and past practice of assignment be furnished and the direction methods, procedures, means, equipment and machines required to provide such services; to establish classifications of all of its personnel, determine work and the number of shifts personnel required; to determine the nature and hours number of facilities and departments to be operated and their location; to direct and control operations as in the past; to establish work rules; to study and starting times use improved methods and scheduling equipment; to manage its affairs efficiently and economically; to determine the quantity and quality of all service to be rendered, the control of the foregoingmaterials, but not in conflict with the specific provisions of this Agreementtools and equipment to be used, and the right discontinuance of any service, materials, or methods of operation, to establishintroduce new equipment, modify methods, machinery, change or change eliminate existing equipment and institute changes, supplies to be used, land purchased, to subcontract or purchase any or all work for the construction of any new facilities or business hours or days;
3. Direct the working forcesimprovement of existing facilities, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. Determine the servicesincrease or decrease its size, supplies and equipment necessary to continue its operations and to determine the methodslunch, schedules and standards of operationrest period, clean up time, the meansstarting and quitting time and the number of hours to be worked, methodsto establish work schedules, and processes in all respects to carry out the ordinary and customary function of carrying on management. The Allegan County Road Commission agrees to provide a two (2) week written notice to the work including automation thereof or Bargaining Unit of any changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided implemented in the Agreement; andemployee's starting and quitting time.
11. Determine the policy affecting the selection, testing or training of employeesSection 3. The Board recognizes shall also have the right to hire, promote, assign, transfer, suspend, discipline, discharge, layoff and recall personnel; to establish work rules and penalties for violations of such work rules; to make judgments as to ability and skill; to determine reasonable work loads; to provide and assign relief personnel; when not in conflict with specific provisions of this Agreement.
Section 4. The Bargaining Unit hereby agrees that the Board retains the sole and exclusive right to establish and administer all matters not specifically and expressly limited by this Agreement.
Section 5. The parties to this Agreement sets forth limitations on mutually recognize and agree that services performed by the above named powersemployees covered by this Agreement are services essential to the public health, rightssafety and welfare. The Bargaining Unit therefore agrees until the termination of this Agreement that there shall be no interruption of these services, authoritiesfor any cause whatsoever, dutiesby the employees it represents, step werk er abstain in whele er in part frem the full, faithful and responsibilitiespreper perfermance ef the duties ef their empleyment. The Bargaining Unit further agrees that there shall be no.strikes, sit dewns, stay-ins, steppages xx xxxx er any acts that interfere in any manner er to.any degree with the services ef the Allegan Ceunty Read Cemmissien, as leng as this centract is in ferce and hereby agrees to be bound by such limitationseffect.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MANAGEMENT RIGHTS. A. The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, Education or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from by any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to taking the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to:
1. Manage and control the schools' ’ business, the equipment, the operations and to direct the working forces force and affairs of the School District;
2. Continue To continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify modify, or change any work or business hours or days;
3. Direct The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty to employees, determine the size of the work force and to lay off employees;
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules schedules, and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein;
5. Adopt reasonable rules and regulations;
6. Determine the qualifications of employees, including physical conditions;
7. Determine the location or relocation of its facilities, including the establishment or locations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
8. Determine the placement of operations, productions, services, maintenance or distribution of work, and the source of materials and supplies;
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;
10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the District shall not abridge any rights of employees as specifically provided in the this Agreement; , and
11. Determine the policy affecting the selection, testing testing, or training of employees. .
B. The Board recognizes that this Agreement sets forth limitations on the above named powers, rights, authorities, duties, and responsibilities, and hereby agrees to be bound by such limitations.
Appears in 1 contract
Samples: Master Agreement