Common use of MANAGEMENT RIGHTS Clause in Contracts

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty

MANAGEMENT RIGHTS. The Employer retains 7.01 Except as and to the exclusive extent specifically modified by this Agreement all rights and prerogatives of management are retained by the Company and remain exclusively within the rights of the Company and its management. Without limiting the generality of the foregoing, the Company's rights shall include: (a) Maintain order, discipline and efficiency; (b) Hire, discharge, lay off and recall, suspend, classify, direct, transfer, promote, demote or otherwise discipline employees subject to the right of an employee to lodge a grievance in the manner and to the extent hereinafter provided; (c) Generally to manage the businessenterprise in which the Company is engaged without restricting the generality of the foregoing to plan, direct and control operations to direct the work forces, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeespersonnel required from time to time, including to determine the number assigned and location of facilities, to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location quality of service and type of operation; determine processes, methods and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations procedures to be utilized or to discontinue their use; transfer or relocate any or all employed, schedules of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levelsproduction, standards of performance, to select, procure and methods control supplies, material, products and produce, to determine the extensions, limitations, curtailment or cessation of evaluation operation and all other rights and responsibilities of the employees, management not specifically modified in this agreement. 7.02 It is understood and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and agreed that these rights shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent exercised in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by a manner inconsistent with the terms of this agreement, and it is understood that a claim that the Company has so exercised these rights shall be proper subject matter for a grievance. 7.03 It is agreed that the Company may, at its discretion, issue and enforce from time to time reasonable rules and regulations which shall be binding upon the employees in order to assure the continuing successful or any subsequent Agreementefficient operation of its business. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice Breaches of such change rules by an employee shall be caused for disciplinary action, up to and including discharge. Without limiting the generality of the foregoing, the following offences shall render an employee liable to discipline up to and including discharge: (a) dishonesty; (b) the unauthorized use of alcohol and any narcotic and/or dangerous drugs not prescribed by a duly qualified medical practitioner. All such rules shall be in writing and shall be posted on the bulletin boards herein provided for and made available on request to any employee desiring a copy of such rules. A copy of any new rules or regulation shall be sent to the Union and an opportunity to meet and discuss before being implemented. 7.04 Theft from either the changes with the EmployerCompany, if requested by the Union within thirtya guest, or a fellow employee shall be grounds for discharge.

MANAGEMENT RIGHTS. 5.1 The management and operation of the enterprise and the direction of the work force are vested exclusively with the Employer. The Employer retains all of the exclusive right power, rights, functions, responsibilities and authority to manage the business, to direct, control operate its business and schedule direct its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except employees except as expressly modified or restricted limited by a specific provision express language of this Agreement. Such prerogatives shall includeThe rights reserved to the Employer include all matters of inherent managerial policy including those necessitated by the unique nature of Employer’s operations. Prominent among the rights reserved to and retained by the Employer, but not be limited toby no means wholly inclusive, are the sole and exclusive rights to: Hireright to hire, promoteeducate, demote, layoffclassify, assign, transfer, suspenddiscipline or discharge for just cause, discharge layoff and discipline promote; to determine or change the starting and quitting time and the number of hours to be worked; to establish and change work schedules and assignments; to establish job duties and standards of performance; to require reasonable overtime in the interest of patient care; to promulgate reasonable rules, standards and regulations; to assign professional nursing duties to the work force, to assign or transfer temporarily or permanently employees as operations may require; to plan and set incentive plans for employeescontinue operations; determine employee benefitsto exercise control and direction over the organization and effectiveness of operations; determine overtime rules; select and to determine the number of its employeesemployees and duties to be performed by them as registered nurses; to maintain the efficiency of employees to establish, including the number assigned expand, reduce, appoint, combine, consolidate or abolish any job classification, department or service; to introduce new or improved methods, materials, equipment or facilities; to utilize suppliers, subcontractors and independent contractors as needed to assure appropriate staffing as it determines appropriate; to control all property; to transfer any or all operations to any particular work location or work unitdiscontinue the same in whole or part; to increase or decrease that numberutilize employees wherever necessary in cases of emergency; direct and schedule the workforce; determine the location and type of operation; to determine and schedule when overtime shall be workedimplement standards related to education, instructions, operations and patient care; install to change or remove equipmentabolish job titles, departments or units; to determine and change work shifts, schedules, rotations and starting and quitting times; and in all respects to carry out the ordinary and customary functions of management whether or not possessed or exercised by the Employer prior to the execution of this Agreement. The Employer reserves the right to discontinue the operation of the business by sale or otherwise, operations in whole or in part at any timepart; subcontract bargaining-unit workto transfer, determine the methods, procedures, materials and operations to be utilized sell or otherwise to discontinue their use; transfer or relocate any or all dispose of the operations by sale or otherwise, its business in whole or in part, at any time; to determine the work duties of employees; promulgate, post number and enforce rules and regulations governing the conduct and acts types of employees during working hours; require that duties other than those normally assigned required, and to otherwise take such measures as management may determine to be performed; select supervisory employees; train employees; discontinue necessary to the orderly or reorganize economical operation of the business. The above set forth management rights are by way of example, but not by way of limitation. The Union recognizes that the Employer may introduce a revision in the method or combine methods of operation, which may produce a revision in job duties and reduction of personnel in any department or branch of operation with any consequent reduction or other job classification. 5.2 The Employer may introduce a change in the work force; introduce new method or improved methods or facilitiesof operation, regardless of whether or not the same cause which may produce a change in job duties and reduction in personnel in any department. Nothing contained in this Agreement shall prevent the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards implementation of performance, any such program to be hereafter undertaken by the Employer. 5.3 The Union agrees to cooperate with the Employer to attain and methods of evaluation of maintain maximum patient care and full efficiency and the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference Employer agrees to consider constructive suggestions submitted by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. toward these objectives. 5.4 The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has reserves the right to schedule its non-bargaining unit employees at make any time; however, non-bargaining unit employees shall changes in operations not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer expressly and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered clearly restricted by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 5.01 The Union acknowledges and agrees that the Employer retains shall continue to reserve all the exclusive rights, powers and authority to manage and direct its working forces. Without restricting the generality of the foregoing, such rights of the Employer shall include the right to: (a) Maintain order, discipline and efficiency; (b) The right to manage direct and supervise the businessworkforce, to directhire, control and schedule its operations and work force and to make any and all decisions affecting the businessrehire, whether or not specifically mentioned hereinlay-off, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includeassign, but not be limited todischarge, the sole and exclusive rights to: Hiresuspend, transfer, classify, promote, demote, layoffdetermine work assignments, assigndiscipline, transferEmployees for just cause provided that a claim by an Employee who has acquired seniority that they has been disciplined or discharged without just cause, suspendmaybe the subject of a grievance and dealt with as hereinafter provided. (c) The Employees agree that the nature of the Employer’s business and its financial situation (the “Circumstances”) may change from time to time, discharge often without warning. The Employees agree that as these circumstances change that their employment may be changed by the Employer due to the said circumstances. The Employees acknowledge that such may occur and discipline agree to abide by, and adhere to, any changes to their terms and/or conditions of employment which may result. The employees hereby agree that such changes are reasonable and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its do not constitute a constructive dismissal. Such changes may include, but are not limited to, services rendered, equipment utilized by employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business materials utilized by sale or otherwiseemployees, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties quantity of employees; promulgate, post work assignments, work schedule, change of work location, work related travel, judgement of individual qualifications, and enforce temporary layoff. The Employer will make a reasonable attempt to accommodate Employees affected by changed Circumstances which may result in a reduction of their earnings. (d) Make and alter from time-to-time rules and regulations governing the conduct of Employees during working-hours provided that such rules and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation regulations are not inconsistent with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. (e) Install and require the use of digital and/or telephone time-clock for keeping record of each Employees arrival and departure from the worksite. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified It is understood by the terms of this or any subsequent Agreement. The parties that the time-clock installed keeps accurate, and to the minute records, and the Employer shall have will provide the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change kept records to the Union and an opportunity to meet and discuss the changes with Employee upon request in the Employer, if requested by the Union within thirtyevent of a dispute.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business‌ All Management rights, to directpowers, control authority and schedule its operations and work force and to make any and all decisions affecting the businessfunctions, whether heretofore or not specifically mentioned hereinhereafter exercised, and whether regardless of the frequency or not heretofore exercisedinfrequency of their exercise shall remain vested, exclusively in the Company. Except as It is expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall recognized that such rights, powers, authority and functions include, but not be are by no means whatever limited to, the sole full and exclusive rights to: Hirecontrol, promote, demote, layoff, assign, management and operation of its business and its plant. The right to transfer, suspendrelocate, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch manufacturing operation, or any part thereof, for any purpose including but not limited to reducing labor costs; the determination of operation with any consequent reduction the scope of its activities, products to be processed or other manufactured, and methods pertaining thereto, the location of such processing or manufacturing, the materials and products to be acquired or utilized, and the layout thereof; the right to establish, or change in shifts, schedules and standards; the work forceright to schedule, change, eliminate and require overtime work; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; right to establish, change, combine or abolish eliminate jobs, job classificationsclassifications and descriptions; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule establish wage rates for new or changed jobs, job classifications and descriptions; the right to introduce new or improved procedures, methods, processes, facilities, machines and equipment or make technological changes; the right to make industrial engineered or time studies of operations or jobs; the right to maintain order and efficiency; the right to contract or subcontract any work; the determination of the number, size and location of its non-bargaining unit employees at plants or any time; howeverpart thereof, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel and the extent to which the means and manner by which its plant or plants, or any parts thereof, shall be operated, relocated, shut down or abandoned; the sole responsibility right to terminate, merge, consolidate, sell or otherwise transfer its business or any part thereof; the right to make change and enforce safety and security rules, rules of conduct and work rules; the determination of the Employer number of employees, the assignment of duties thereto, and the right to change, increase or reduce the same, and the direction of the working forces, including but by no means limited to hiring, selecting and training of new employees and scheduling, assigning, laying off, recalling, promoting, demoting and transferring of its employees. It is the intention of the Company and the Union that the rights, powers, authority and functions referred to herein shall not be subject to remain exclusively vested in the grievance and arbitration Company except insofar as specifically surrendered or limited by express provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer Company shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are promulgate and enforce rules and regulations not the subject of explicit terms of in conflict with this Agreement or any subsequent Agreement, after notice of such change to and which the Union and an opportunity may challenge as unreasonable. The Company shall have the right to meet and discuss the changes with the Employerdiscipline, if requested by the Union within thirtysuspend, or discharge for cause.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union recognizes that the management of the business enterprise and its facilities, equipment and direction of the working forces are fixed exclusively in the Employer, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right to manage function of the businessEmployer to: (a) Maintain order and efficiency; (b) Select, to directhire, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hiredischarge, promote, demote, layofftransfer, assign, transferschedule, suspendlay off, discharge recall and suspend or otherwise discipline employees employees, provided that if any employee has been discharged or disciplined without just cause or promoted, demoted, transferred, laid off or recalled contrary to the provisions of this Agreement, a grievance may be filed and set incentive plans for dealt with in accordance with the Grievance Procedure; (c) Make and enforce and alter from time to time reasonable rules, regulations, practices and policies to be observed by the employees. The Employer may alter same from time to time, provided that the Union will be given prior reasonable notice to such alterations and will be subject to discussion with the Joint Labour/Management Committee prior to implementation. (d) Determine the location and extent of its operations and their commencement, expansion curtailment or discontinuance; the work to be done, the products to be handled, stored or distributed; the standards of performance; the scheduling of work; to determine employee benefitsthe hours of work and or schedules of work; determine overtime rules; select and determine to pick the number of its employees, including the number assigned shifts and adjust same from time to any particular work or work unittime; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine change or abolish job classifications; transfer employeesto shut down permanently or by day or week or for any other periods; to determine methods, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levelsprocesses and means of performing work, standards of performance, efficiency and quality of work; job content and requirement; the use of improved or changed methods or equipment; the number of evaluation bargaining unit members needed by the Employer at any time and how many shall work in any job; starting and quitting times; methods to be used to ensure security of the employees, Employer’s property; and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has generally the right to schedule manage the enterprise and its non-bargaining unit employees at any time; howeverbusiness are solely and exclusively the right of the Employer. (e) Have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment. (f) In administering this Agreement, the Employer shall act reasonably, fairly, in good faith, non-bargaining unit employees shall not customarily do bargaining unit workdiscriminatory and in a manner consistent with the Agreement as a whole. The selection of supervisory personnel shall be the sole responsibility of Failure by the Employer and to exercise any of its management rights or other rights shall not be subject an abandonment of those rights. (g) In so far as that none of the aforementioned management rights will be administered in a manner that is contrary to the grievance terms and arbitration provisions of this conditions set forth in the entire Collective Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer retains CITY and EMPLOYEES ASSOCIATION, LOCAL 4041, agree that the exclusive CITY possesses the sole right to manage operate the business, to direct, control and schedule its operations and work force and to make any CITY and all decisions affecting management rights remain vested with the businessCITY. In this context, the negotiation of any management rights herein shall not establish a precedent or past practice concerning future negotiations of such rights, all management rights, powers, authority, functions and prerogatives, whether heretofore or not specifically mentioned hereinhereafter exercised, and whether regardless of frequency or not heretofore exercisedinfrequency of their exercise, subject to applicable provisions of the collective bargaining agreement, shall remain vested exclusively in the CITY. Except as It is expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall recognized that these rights include, but are not be limited toto the right to hire, the sole and exclusive rights to: Hire, promote, demote, layoffdirect, assign, transferor transfer an employee; the right to reduce in force or lay off employees subject to the procedures for such action as set forth in Article 15 of this agreement; the right to determine and change staffing levels and work performance standards except for safety consideration; the right to determine the contents of the work day, including without limitation workload factors; the right to determine the quality and quantity of services to be offered to the public, and the means and methods of offering those services; the right to determine the safety of the public; the right to discipline, reprimand, suspend, discharge and discipline employees and set incentive plans for reduce in pay, demote and/or terminate employees; the right to determine employee benefitsCITY functions; determine overtime the right to implement, modify and delete rules, regulations, ordinances, and laws not inconsistent with this agreement; select and determine the number of its employees, including the number assigned right to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish eliminate jobs, job functions and job classifications; transfer employeesthe right to establish wage rates for new or changed jobs or job descriptions; the right to introduce new or improve procedures, either temporarily methods, processes or permanently, within programs and/or job classificationsto make technological changes; determine job qualifications, work shifts, work pace, work performance levels, standards and the right to establish or change shift schedules of performance, work; starting and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreementquitting times. The ASSOCIATION acknowledges that the provisions of NRS Chapter 288, including without limitation the provisions of this Agreement do not prohibit article and NRS 288.150, recognize and declare the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the ultimate right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole and responsibility of the Employer and shall not be subject CITY to manage its operation in the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes most efficient manner consistent with the Employerbest interests of all its citizens, if requested by the Union within thirtytaxpayers, and employees.

MANAGEMENT RIGHTS. The A. It is expressly agreed that all rights and prerogatives, which ordinarily vest in and have been exercised by the Employer, except those who are clearly and expressly relinquished herein by the Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer retains without prior negotiations with the exclusive right Association either as to manage the business, taking of action under such rights or with respect to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision consequence of such action during the term of this Agreement. Such prerogatives rights shall include, but by way of illustration and not be limited toby way of limitation, the sole right to: 1. Continue its rights, policies and exclusive rights to: Hirepractices of assignment and direction of its personnel, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeespersonnel, and scheduling of all the foregoing. 2. The right to establish, modify, or change any work or business or school hours or days. 3. The right to direct the working forces, including the number assigned right to any particular hire, promote, transfer, discipline, and/or reassign employees, assign work or duties to employees, provided that the work unit; and/or duties are reasonably related to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit workemployee's classification, determine the size of the work force, and to lay off employees. 4. Determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of distribution, disseminating, and/or selling its services, methods, proceduresschedules, materials and operations to be utilized standards of operation, the means, methods and processes of carrying on the work, and the institution of new and/or improved methods or to discontinue their use; transfer changes therein. 5. Adopt rules and regulations. 6. Determine the qualifications of employees. 7. Determine the number and location or relocate any relocation of its facilities, including the establishment or all 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. B. The policy-making functions rest exclusively with the Board. C. All of the operations by sale or otherwiseabove items shall not be in conflict with the specific provisions of this Agreement. D. It is recognized that previously adopted Board policies, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce administrative rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of past operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person procedures not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees contract shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent continue in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyeffect.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercisedSection 1. Except as expressly modified or restricted by a specific provision of elsewhere in this Agreement, management of the business and direction of the security forces are exclusively the right of Management. Such prerogatives shall These rights include, but are not be limited to, the sole and exclusive rights to: : (a) Hire; (b) Determine the number, promotelocation, and types of guard posts and guards; (c) Direct the working forces and manage the business; (d) Assign work; (e) Discontinue, temporarily or permanently any posts; (f) Promote, demote, layoff, assign, transfer, discharge, discipline or suspend, discharge ; (g) Maintain order and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine efficiency of operations; (h) Determine the number of its employeesshifts and the starting and quitting times of each shift; (i) Require employees to obey reasonable Employer rules and regulations relating to the operations of the Company at the site and to Employee conduct as are presently in effect or which may be changed or modified from time to time by Employer; (j) Decide on the supplies, equipment, or weapons to be used as per Employer Contract with DOE; (k) Determine the size of the work force, including the number of Employees assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule shift as per Employer contract with DOE; (l) Determine when overtime shall be workedworked and who works it; (m) Establish hours of work; (n) Layoff employees or relieve them from duty for lack of work or other reasons and to recall employees; install or remove equipment; discontinue and (o) Determine the operation days and hours of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreementqualifications required. Section 2. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the above rights of management and of Employer functions are not all-inclusive, all inclusive but indicate the type of matters or rights, rights which belong to and are inherent to management. Any of the rights, power, or authority the Employer had prior to the signing of this Agreement are retained by the Employer except those specifically abridged or modified by this Agreement and any supplemental agreements that may hereafter be made and, provided that the Union rights set forth in management and this contract shall not be construed in any way to exclude other Employer functions not specifically enumeratedabridged, curtailed, or modified by this clause. The Employer Employer’s failure to exercise any function reserved to it shall maintain the wages not be deemed a waiver of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyright.

MANAGEMENT RIGHTS. 6.1 The Union recognizes and acknowledges that all Management rights and prerogatives and the direction of the working forces, and the Management of the Employer’s operations are vested exclusively with the Employer and without limiting the generality of the foregoing, the exclusive functions of the Employer shall include the following rights: (a) to operate and manage the organization in every and in all respects; (b) to maintain order, discipline and efficiency amongst its employees and in connection therewith to establish and enforce rules, regulations, policies and practices from time to time to be observed by its employees. The Employer retains reserves the exclusive right to manage the businessamend or introduce new rules from time to time; (c) to select, to directhire, control and schedule its operations and work force and to make any and all decisions affecting the businessretire, whether or not specifically mentioned hereintransfer, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includelayoff, but not be limited to, the sole and exclusive rights to: Hirerecall, promote, demote, layoffclassify, assignassign duties, transferdischarge, suspend, discharge and or otherwise discipline employees who have completed probation for just cause, provided that a claim that a seniority employee has been discharged or disciplined without just cause may be made the subject of a grievance and set incentive plans for employees; determine employee benefits; determine overtime rules; select and dealt with as hereinafter provided; (d) to determine the number nature and kind of services provided by the Employer, the kinds and locations of its employeesoperations, including the number assigned services to any particular work be rendered, the kinds of equipment to be used, the methods of operating and control of materials, goods, or work unit; equipment to increase or decrease that number; be used, the control of materials and parts, the quality and quantity of services; (e) to have the right to plan, direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine control the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions operations of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has and the schedules and procedures of work. This includes the right to schedule its non-introduce new and improved methods, facilities, equipment, and to direct and control the amount of supervision necessary, to combine or split up departments, or classifications, or work locations, work schedules, and to increase or reduce personnel in any particular area, or on the whole, and the number of employees required for the Employer’s purposes and to reduce or increase normal hours of work per day or per week and to establish starting and quitting times; to assign employees to shifts as required; to determine the starting and quitting times; and (f) to determine the schedules of work, the number of shifts, job content and requirements, quality and quantity standards, the qualifications of employees; to select and retain employees for positions excluded form the bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility unit. 6.2 It is understood and agreed that all of the Employer and above shall not only be subject to the grievance and arbitration provisions of exercised in a manner that is consistent with this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer retains SECTION 1. This Agreement shall not be construed to infringe or impair any of the exclusive normal management rights of the Employer, which are not inconsistent with the provisions of the Agreement. Included among management rights is the authority to administer and/or manage the Employer’s business, including but not limited to the direction of the working force, the right to manage the businessmaintain order and efficiency of operations, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hirehire, promote, demote, layoff, assign, transfer, suspenddiscipline, suspend or discharge employees for just cause, to relieve employees from duty because of lack of work, to assign shifts, to determine the number of shifts and discipline the starting time and quitting times of each shift, to require employees to observe Employer and set incentive plans for employees; determine employee benefits; determine overtime rules; NRC rules and regulations, to establish and enforce reasonable rules and regulations, to plan, control, and continue operations, to establish and change work schedules and assignments, to select and determine the number and classification of its employeesemployees required, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, to determine the methodsnumber, procedureslocation and types of guard posts, materials and operations to be utilized or to discontinue their use; transfer temporarily or relocate permanently any or all of the operations by sale or otherwisepost, in whole or in part, at any time; to determine the work duties of employees; promulgatesupplies, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned equipment, or weapons to be performed; select supervisory used, to determine the method and manner of operations, to establish reasonable standards of work performance for employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; , introduce new or improved methods or facilitiesmethods, regardless of whether or not the same cause a reduction to change existing business practices, shall be vested exclusively in the working force; establishEmployer, changeproviding the Employer notifies the Union and, combine or abolish job classifications; transfer employeesupon request, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards bargains over the impact of performance, and methods of evaluation any such changes. SECTION 2. Employees shall be required to adhere to all of the employeesNuclear Regulatory Commission’s (NRC) Rules and Regulations. SECTION 3. Any employee who fails to maintain plant access in accordance with NRC or licensee requirements, and in all respect carryoutor fails to satisfy physical, in additionto include fitness for duty testing, the ordinary and customary functions of management, all without hindrance or interference psychological requirements or test/examinations as specified by the Union except as specifically abridgedNRC or licensee shall be terminated. SECTION 4. This statement of management rights, altered or modified which remains unimpaired by the express terms of this Agreement, is not intended to exclude others, which are not mentioned herein. The provisions of this Agreement do not prohibit In exercising these rights, it is also agreed the Employer from directing will not violate any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Union recognizes that the Employer retains must serve its residents with the exclusive right to manage the businesshighest quality of care, to direct, control efficiently and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereineconomically, and whether address medical emergencies. Therefore, except to the extent abridged, delegated, granted, or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement, the Employer reserves and retains the responsibility and authority that the Employer had before signing this Agreement, and these responsibilities and control shall remain with management. Such prerogatives shall include, but not be limited to, It is agreed that the Employer has the sole and exclusive right and authority to determine and direct the policies and methods of operating the business, subject to this Agreement. It is agreed that the Employer has the sole and exclusive right and authority to determine and direct the policies and methods of operating the business, subject to this Agreement. The parties intend the following Management Rights language to satisfy all legal criteria established by the NLRB to allow Employer to unilaterally make changes to specifically identified terms and conditions of employment. The parties agree that they discussed, to each party's satisfaction, the subjects in this Section during collective bargaining negotiations and that Union clearly and unmistakably expressly waived its right to bargain before Employer unilaterally changes the following enumerated subjects. Accordingly, during the term of the Agreement, except when such rights toare specifically abridged or modified by this Agreement, Union with this grants Employer the right and authority to make changes unilaterally (i.e., without giving Union notice and an opportunity to bargain concerning the decision or impact of the decision) within the following subjects or terms and conditions of employment: HireTo manage, promote, demote, layoff, assign, transfer, suspend, discharge direct and discipline employees control its property and set incentive plans for workforce; To conduct its business and manage its business affairs; To direct its employees; To hire; To assign work; To transfer; To promote; To layoff; To recall; To evaluate performance; To determine employee benefitsqualifications; determine overtime rulesTo discipline; select To discharge; To adopt and enforce reasonable rules and regulations; To establish and to effectuate existing policies and procedures including but not limited to a drug\alcohol testing policy and an attendance/tardiness control policy; To establish and enforce dress codes; To set standards of performance; To determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed, and the hours and locations of work, including overtime; select supervisory employeesTo determine, establish, promulgate, amend and enforce personal conduct rules, safety rules, and work rules; train employeesTo determine if and when positions will be filled; To establish positions; To discontinue any function; To create any new service or process; To discontinue or reorganize or combine any department or branch of operation with any consequent reduction operations; To evaluate or other change make changes in technology and equipment. In the work force; introduce event employees request clarification on the application of new technology or use of new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in additiondifferent equipment, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to will meet and discuss the changes issues with the Employeraffected employees; To establish shift lengths; To either temporarily or permanently close all or any portion of its facility or to relocate such facility or operation; To determine and schedule when overtime shall be worked; To determine the number of employees required to staff the facility, if requested including increasing or decreasing that number; To determine the appropriate staffing levels required for the facility, including increasing or decreasing that number; and, To determine the appropriate mix of employees, by job title, to operate the facility. The parties recognize that the above statement of management responsibilities is for illustrative purposes only and should not be construed as restrictive or interpreted to exclude those prerogatives not mentioned inherent in the management function. All matters not covered by the Union within thirtylanguage of this Agreement may be administered by the Employer on a unilateral basis, following such policies and procedures as it from time to time shall determine.

MANAGEMENT RIGHTS. The Union recognizes and acknowledges that the management of the Employer retains and its facilities and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive right to manage function of the businessEmployer to: (a) maintain order, to direct, control discipline and schedule its operations and work force efficiency and to make and enforce and alter from time to time reasonable rules and regulations to be observed by employees, provided, however, that any dispute as to the reasonableness of such rules and all decisions affecting regulations or a grievance alleging the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision discriminatory application of such rules against an employee shall be subject to the grievance procedure of this Agreement. Such prerogatives shall include; (b) select, but not be limited tohire, the sole and exclusive rights to: Hireassign, direct, promote, demote, layoff, assignclassify, transfer, lay-off, and recall employees subject to the provisions of this Agreement, and to discharge, suspend, discharge demote or otherwise discipline employees, provided that a claim of demotion or transfer or a claim that an employee has been discharged or disciplined without just and discipline employees reasonable cause may be the subject of a grievance, subject to the provisions of this Agreement and set incentive plans for employees; dealt with as hereinafter provided. (c) determine employee benefits; determine overtime rules; select the location of operations, and determine their expansion or their curtailment, the direction of working forces, the schedules of operations, the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforceshifts; determine the location methods and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations processes to be utilized employed, job content, quality and quantity standards, the establishment of work or to discontinue their usejob assignments; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employeesdetermine the qualifications of an employee to perform any particular job; the nature of tools, either temporarily equipment and machinery used and to use new or permanentlyimproved methods, within programs and/or job classificationsmachinery and equipment, change or discontinue existing tools, equipment, machinery, methods or processes; determine job qualifications, work shifts, work pace, work performance levels, standards decide on the number of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference employees needed by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime where sufficient qualified volunteers to perform the required work are not available; howeverthe determination of financial policies, non-bargaining unit employees shall not customarily do bargaining unit workincluding general accounting procedures and relations with the public; (d) have the sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and employees. The selection of supervisory personnel shall be Employer agrees that it will not exercise its functions in a manner inconsistent with the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 3.01 The Union recognizes and acknowledges that, subject to the limitations set out in this Agreement, it is the right of the Employer retains the exclusive right to manage the businessmanage, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereindevelop, and whether or operate the Employer’s facility, as well as direct its’ employees. Without limiting the generality of the forgoing, the functions of the Employer shall include the following rights: a. to determine and establish standards and procedures for the care, welfare, safety and comfort of the residents of the Residence; b. to maintain order, discipline, efficiency and in connection therewith to establish and enforce rules, regulations, policies and practices from time to time to be observed by its employees, provided that they are not heretofore exercised. Except as expressly modified or restricted by a specific provision inconsistent with the provisions of this Agreement. Such prerogatives shall includeFurther, but not be limited toit is agreed that when making any new rules, regulations or altering past practices, the sole and exclusive rights to: HireEmployer will inform the Union stewards in ample time to enable the Union to make representations, if any, thereof; c. to select, hire, retire, transfer, layoff, recall, promote, demote, layoffclassify, assignassign duties, transferdischarge, suspendsuspend or otherwise discipline employees, discharge provided that a claim that an employee who has completed probation has been discharged or disciplined without just cause may be the subject of a grievance and discipline dealt with as hereinafter provided; d. to determine the nature and kind of business conducted by the Employer, the kinds and locations of its operations, the services to be rendered, the kinds or machines to be used, the methods of operating and control of materials or goods to be used; e. to have the right to plan, direct and control the work of the employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select the operations of the Employer. This includes the right to introduce new and improved methods and facilities, equipment, and to direct and control the amount of supervision necessary, combining or splitting up of departments, and to determine the number of its employees, including . The Union reserves the number assigned right to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule request consultation when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, there are changes in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change staffing; f. in the work force; introduce new exercise of its managerial rights, decisions or improved methods actions will not be made in an arbitrary, bad faith, or facilities, regardless of whether or discriminatory manner; g. These rights will not be performed in a manner inconsistent with the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit A claim that the Employer from directing any person not covered by this Agreement from performing any taskhas so exercised these rights may be the matter of grievance. 3.02 The Employer will endeavour to inform the Union a CLAC Representative in advance of all planed significant changes in its method of operations. The Employer, therefore, has the right Union is entitled to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of make such representations to the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyit deems appropriate.

MANAGEMENT RIGHTS. 4.01 Except to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Employer. The Employer retains Home's exclusive rights, powers and authority shall include but not be confined to: (a) the exclusive right to manage the businessplan, to direct, control and schedule its alter all operations and work force and the right to make any and all decisions affecting the businessdesignate, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, changerevise or discontinue departments, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by subject to the express terms of this Agreement. The provisions . (b) the right to: make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the employees; hire, transfer, promote, demote, classify, assign duties, layoff, retire, recall, discharge, suspend or otherwise discipline employees, provided that a claim that an employee who has completed his probationary period has been discharged or disciplined without just cause may be the subject of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has a grievance and dealt with as hereinafter provided; (c) the right to determine: the work to be done and the methods, techniques, equipment and materials to be used; the location, work assignments, standards of performance and number of employees required; scheduling; the extensions, limitation, curtailment or cessation of operations or any part thereof; (d) the right to maintain order, discipline for cause, efficiency and standards of performance; and (e) the right to determine; the services to be provided; the schedule its non-bargaining unit employees at any timeof hours of work; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection the number of supervisory personnel shifts; the requirement of a medical examination; whether there shall be overtime and who shall perform such work; the sole responsibility number of hours to be worked; starting and quitting times; and generally, the Employer and shall not be right to manage the Home subject to the grievance and arbitration provisions express terms of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 3.01 The Union recognizes that the management of West Neighbourhood House and the direction of the Employees rests exclusively with the Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except except as expressly modified or restricted by a specific provision of this the Agreement. Such prerogatives shall include, These rights and management functions include but are not be limited to, : the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transferright to reprimand, suspend, discharge and or otherwise discipline employees and set incentive plans Employees for employees; determine employee benefits; determine overtime rulesjust cause; select and hire, direct, promote, retire, demote, transfer, layoff and recall Employees to work; determine the requirements of a job, the qualifications of an Employee to perform the work required, starting and quitting times, and the number of its employees, including the number assigned hours and shifts to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue maintain the operation efficiency of the business by sale Employees; utilize the services of volunteers; employ contract workers and temporary workers; close down West Neighbourhood House or otherwiseany part thereof, in whole or in part at expand, reduce, alter, combine, transfer, assign or cease any timejob, department, operation or service; subcontract bargaining-unit control and regulate the use of machinery, equipment or other property of the Employer; to contract out work, to determine the methodsassignment of work, procedures, materials the size and operations to be utilized or to discontinue their use; transfer or relocate any or all composition of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; make or change rules, policies and practices not in conflict with the provisions of this Agreement, introduce new or improved methods and equipment and otherwise generally manage the Agency, direct the work force and establish terms and conditions of employment. 3.02 The Employer's failure to invoke discipline in one instance shall not affect its right to invoke discipline (or facilities, regardless of whether a different discipline) for another or not the same cause a reduction later infraction. 3.03 If at any time West Neighbourhood House decides to contract out any bargaining unit work that would result in the working force; establishelimination of a bargaining unit position or a lay-off, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards the parties shall schedule a meeting with the majority of performance, and methods of evaluation members of the employees, and in all respect carryout, in addition, Union/Management Relations Committee at least sixty (60) days prior to the ordinary and customary functions contracting out of management, all without hindrance or interference by the position. Within ten (10) working days following the initial meeting a subsequent meeting will be held with a majority of the Union/Management Relations Committee to provide the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and with an opportunity to meet discuss and discuss propose other reasonable alternatives. For the changes with the Employerpurposes of this agreement a ‘working day’ is defined as Monday through Friday and does not include Saturdays, if requested by the Union within thirtySundays or Holidays.

MANAGEMENT RIGHTS. ‌ 4.01 Except, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its Management. Without limiting the generality of the foregoing, the Employer’s exclusive rights, power and authority shall include the following: a) The Employer retains right: to select, hire and control the exclusive right to manage the businessworking force and employees, to directtransfer, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hireassign, promote, demote, layoffclassify, assign, transfer, suspend, discharge layoff and discipline employees and set incentive plans for retire employees; determine employee benefitsto plan, direct, control and alter all operations; determine overtime rules; to designate, establish, revise or discontinue departments, to select and determine retain employees for positions excluded from the number bargaining unit, subject to the express terms of the collective bargaining agreement. b) 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 employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct discipline, suspend and schedule discharge employees which, in the workforce; case of seniority employees, shall be for just cause. c) The right: to determine the location and type extent of operationthe operations and their commencement, expansion, curtailment or discontinuance; determine the direction of the working forces, the services to be provided; the standards of work, the description of jobs, the subcontracting of work; the schedule of hours of work; the number of shifts, the methods, processes and schedule when means of providing any services required; job content and requirements; quality, job testing and standards; quality standards in accordance with its industrial engineering methods; the qualification of employees; the use of improved methods, technical advancement and equipment; whether there shall be overtime and who shall perform such work; the number of employees needed by the Employer at any time and how many shall work on the job, operation of the administration of the Employer’s pay system; the number of hours to be worked; install or remove equipment; discontinue the operation starting and quitting times and, generally, the right to manage the enterprise and its business without interference are solely and exclusively the right of the business by sale or otherwiseEmployer, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations subject to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-collective bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyagreement.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not 6:01 Except where specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement, the Union acknowledges that all Management rights and prerogatives are vested exclusively with the Employer. The Employer shall have has the unilateral exclusive right to modify the terms or conditions of employment of covered workersmanage and direct its operations and affairs in all respects. These rights and functions shall include, which but are not limited to: (a) To determine and establish standards and procedures for the service, care, welfare, safety and comfort of the clients of the Employer; (b) To maintain order, discipline and efficiency, and to make, alter, and enforce reasonable rules and regulations to be observed by employees. Such rules will be made available to all employees and to the Union. The Employer reserves the right to introduce new rules from time to time, copies of which will also be made available to all employees and to the Union; (c) To hire, retire, classify, promote, demote, transfer, layoff, recall, direct, assign duties, discharge, suspend, or otherwise discipline employees who have completed their probationary period for just cause; provided that a claim of discriminatory transfer, promotion, demotion of classification, or a claim that an employee who has completed his probationary period, has been discharged suspended or disciplined without just cause, may be the subject of explicit terms a grievance and dealt with as hereinafter provided. The discharge of this Agreement or any subsequent Agreementa probationary employee shall be at the sole discretion of the Employer. (d) Generally, after notice to manage the business and, without restricting the generality of such change the foregoing, the services to be rendered, assignment of the Union required work and an opportunity to meet whom, the methods, the work procedures, the kinds and discuss locations of machines, tools, instruments and equipment to be used; to select, control and direct the changes with use of all materials required in the operation of the Employer that are in the interest of the safety and well-being of the Employer, if requested by residents, employees and the Union within thirtypublic. (e) The Employer agrees not to exercise its rights in an arbitrary or discriminatory manner or in direct contravention of any articles included in this Collective Agreement.

MANAGEMENT RIGHTS. ‌ 8.01 The Employer retains Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer. Without limiting the generality of the foregoing, it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety, and comfort of the residents and have the operational right to manage ensure resident care is the business, to direct, control main priority in every circumstance; (b) To maintain order and schedule its operations and work force efficiency and to make any establish and all decisions affecting enforce reasonable rules and regulations, provided that they shall not be inconsistent with the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision provisions of this Agreement. Such prerogatives shall include; (c) To hire, but not be limited totransfer, the sole and exclusive rights to: Hirelay-off, recall, promote, demote, layoffclassify, assignassign duties, discharge, suspend or otherwise discipline Employees who have completed their probationary period for just cause, provided that a claim of discriminatory transfer, suspendpromotion, discharge demotion of classification or a claim that an Employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject of a grievance and discipline employees dealt with as hereinafter provided; (d) To have the right to plan and set incentive plans for employees; determine employee benefits; determine overtime rules; select direct the work of the Employees and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this AgreementCare Centre. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has This includes the right to schedule its non-bargaining unit employees at any time; howeverintroduce new and improved methods, non-bargaining unit employees shall not customarily do bargaining unit work. facilities, equipment, and to determine the amount of supervision necessary, the planning or splitting up of departments, work schedules, and the increase or reduction of personnel in a particular area or overall; (e) The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject agrees prior to the grievance introduction of any new policy or procedure related to terms and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice Union will be advised by providing a copy of such change policy to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyUnion.

MANAGEMENT RIGHTS. (a) The Employer retains Management of the exclusive business and the direction of the working forces, including the right to manage the businessplan, to directdirect and control operations, control and schedule its operations and work force and to make any and all decisions affecting the businesshire, whether suspend or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assigndischarge for proper cause, transfer, suspendor relieve employees from duty because of lack of work, discharge and discipline employees and set incentive plans or for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeesother legiti­ mate reasons, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue vested in the operation Employer, provided, however, that it will not be used for the purpose of the business by sale or otherwisediscrimination against any employee, and provided it shall in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation no way conflict with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this Agree­ ment. (b) All fresh or any subsequent Agreementfrozen meat, sausage, fish, sea­ food, poultry, smoked meat and rabbits shall be handled by the Meat Department em­ ployees. The Employer shall have All fresh or frozen fish and poultry and all fresh or frozen meat, namely pork, beef, veal, lamb, mutton and also all sau­ sages, smoked meat and rabbits and ground meat, must be cut, weighed, sliced and wrapped on the unilateral right premises. It is expressly understood that to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms do otherwise will be a violation of this Agreement except that there shall be excluded from the scope and appli­ cation of sub-paragraph (b) above, the following: 1. Items that were prepared and packed off the premises prior to October 2, 1950. 2. The items referred to in the stipulation which resulted in disposition of litigation in the United States District Court under anti-trust statutes, including all terms and provisions of said stipulation. (c) No merchandising, fresh or frozen, handled in the Meat, Fish, Delicatessen or Poultry departments on November 2, 1955, shall thereafter be transferred out of the said Meat, Fish, Delicatessen or Poultry Depart­ ments to any subsequent Agreement, after notice of such change to other department in the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtystore at any time.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union recognizes and acknowledges that the Management of the operation and direction of the work force are fixed exclusively in the Company, unless otherwise altered by the terms of this Collective Agreement, and without restricting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function of the Company: a) the right to manage the businessmaintain order, discipline and efficiency; to make, alter, and enforce reasonable rules and regulations, policies and practices, to directbe obeyed by the employees; to discipline and discharge employees for just cause who have completed their probationary period as provided hereinafter, and to discipline and discharge employees who have not completed their probationary period; by applying a lesser standard than applied to full time and part time employees as long as the Company has not acted arbitrarily or in bad faith in the aforementioned matter; b) the right to select, hire, and control and schedule its operations and work the working force and employees; to make any and all decisions affecting the businesstransfer, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hireassign, promote, demote, classify, layoff, assignrecall, transfer, suspend, discharge suspend and discipline employees and set incentive plans for retire employees; determine employee benefitsto plan, direct and control operations; determine overtime rules; to select and retain employees for positions excluded from the bargaining unit and to transfer employees into the bargaining unit; when employees are transferred back into the bargaining unit it shall be by the parties mutual consent; c) the right to operate and maintain the enterprise in order to satisfy its commitments and responsibilities, the right to determine the location of operations and their expansion or curtailment, the direction of the work forces, the scheduling of operations, the sub-contracting of work, the number of its employeesshifts, including the methods, and quantity standards, the right to use improved methods and equipment, the right to decide on the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule of employees needed by the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part Company at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations number of hours to be utilized or worked, starting and quitting times; and generally, the right to discontinue their use; transfer or relocate any or all manage the enterprise and its business without interference are solely and exclusively the right of the operations by sale or otherwiseCompany; d) the sole and exclusive jurisdiction over all operations, buildings, equipment and employees shall be vested in whole or in part, the Company. 4.02 The Union acknowledges and agrees that voluntary help from the active membership of the Legion’s Ladies’ Auxiliary may be used at any time; determine internal branch function, organized for the exclusive participation of members and guests, or where no charge for the function is levied, provided that this does not affect the regularly scheduled work duties of bargaining unit employees; promulgate. 4.03 It is agreed and understood by both parties, post that the terms and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions conditions of this Agreement do will not prohibit conflict with the Employer from directing any person not covered obligations of its members to the constitution and by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility laws of the Employer and shall not be subject to the grievance and arbitration provisions of this AgreementRoyal Canadian Legion Branch No. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty163.

MANAGEMENT RIGHTS. 3.1 The Employer retains Union recognizes that the management of the operations of the Company and the direction of the working force are fixed exclusively in the Company and shall remain solely with the Company. Without restricting the generality of the foregoing, the union acknowledges that it is the exclusive function of the Employer: (a) to conduct its business in all respects in accordance with its commitments and responsibilities including the right to manage the businessjobs, locate, extend, curtail or cease operations, to directdetermine the number of employees required at any or all operations, control to determine the kinds of work assignments, to create and schedule its operations and adjust shift schedules, to approve shift exchanges between employees, to contract out work, to require employees to work force overtime, to judge the qualifications of employees and to make maintain order, discipline and efficiency, providing that any and all decisions affecting claim by the business, whether or not specifically mentioned hereinunion that these rights are exercised in a discriminatory manner shall be considered a grievance, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision shall be dealt with in accordance with the terms of this Collective Agreement. Such prerogatives shall include; (b) to hire, but not be limited toclassify, the sole and exclusive rights to: Hiretransfer, promote, demote, layofflay off, assign, transfer, and suspend, discharge and or otherwise discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine just cause. Without limitation, the number of its employeesfollowing shall constitute just cause, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime which shall be workedsubject to proof by the Company. The Company shall provide documentation that it will rely on in arbitration to the Union for (i) and (ii) within the timelines: (i) any failure to follow customer key(s) management procedures that results in a loss of key(s); (ii) theft of money; install or remove equipment; discontinue the operation and (iii) deliberate falsification of the business by sale or otherwiseinformation. (c) to make, in whole or in part at any alter from time to time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned procedure to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference observed by the Union except as specifically abridged, altered employees provided such rules and procedures do not violate or modified by conflict with the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. . 3.2 The foregoing statement rights reserved to the Employer herein are subject to the provisions of the rights of management this Collective Agreement and of Employer it is agreed that these functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed exercised in a manner inconsistent with the provisions of this Agreement. 3.3 The Company will ensure that policies and procedures applicable to Bargaining Unit employees are made available on HR Central. In addition, the Company shall make Bargaining Unit employees aware electronically or otherwise of any way new or revised policies and procedures. 3.4 The Company and the Union recognize that both Employees and contractors/subcontractors each performs work, which is complementary/supplementary to exclude other Employer functions not specifically enumeratedeach other, albeit under different terms and conditions. The Employer shall maintain current break-fix work will not be contracted out if it will directly result in the wages layoff of workers covered by this Agreement, an Employee who is on the current active payroll of the Company as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreementratification set forth in Schedule “C”. The Employer shall have Company reserves the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or contract out any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyother work without restriction.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union recognizes and acknowledges that the management of the department/stores and direction of the work force are fixed exclusively in Goodwill, and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right to manage the businessfunction of Goodwill to: (a) maintain order, to directdiscipline, control efficiency and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hirequality; (b) hire, promote, demote, layoff, assignclassify, transfer, suspend, discharge suspend and discipline retire employees and set incentive plans to discipline and discharge any employee for just cause subject to the terms of the Agreement; (c) make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the employees; ; (d) determine employee benefits; determine overtime rules; select the nature and determine kinds of business conducted by Goodwill, the kinds and locations of plants, equipment and materials to be used, the control of materials and parts, the quality and quantity of production, the methods and techniques of work, the content of the jobs, the schedules of production, the number of its employeesemployees to be employed, the scheduling of employees including the number assigned scheduling of shifts, the extensions, limitations, curtailment or cessation of operations or any part thereof, and to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime exercise all other functions and prerogatives which shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation remain solely with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union Goodwill except as specifically abridged, altered or modified limited by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate ; (e) expect employees to have a presentable appearance at all times giving due consideration to the type of matters job the employee is performing. In this context Goodwill may require employees in public contact positions to wear a full or rightspartial uniform which will identify the individual as a Goodwill employee. Goodwill will bear the full cost of any wearing apparel supplied, which belong plus dry cleaning, repair and replacement solely at the discretion of Goodwill. It is agreed that employees in turn will make every effort to take care of clothing provided, and are inherent in management carry out minor laundering themselves. (f) give special consideration and shall not vocational support services to referred clients, client workers and other persons with disabilities and/or disadvantages who may be construed involved in any way to exclude other Employer functions not specifically enumeratedof Goodwill's programs. The Employer shall maintain prime purpose will always be to provide the wages best possible training so that the individual will become as self-reliant as possible, and reach their maximum potential. Success will be measured by achieving the goals outlined in the Individual's Vocational Plan which could include placement in a community employment setting, other desirable job match, or further assessment and skills upgrading. (g) provide occasional unpaid assessment services for other social service agencies and utilize volunteers as a vital component of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right Goodwill's diversified programs to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyassist Goodwill in meeting its mission objectives.

MANAGEMENT RIGHTS. 6.1 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer retains and without limiting the generality of the foregoing, it is the exclusive right and function of the Employer except as this Agreement otherwise specifies: (a) to manage determine and establish job content, the businesswork to be done, the schedule and the standards and procedures for the performance of such work, the number of employees required and the duties to be performed by each from time to time; (b) to maintain order, discipline and efficiency and in connection therewith, to directestablish, control enforce and schedule its operations alter from time to time rules and work force regulations to be observed by employees. The Employer reserves the right to amend or abolish such rules, regulations, policies and procedures or introduce new rules, etc. from time to make any and all decisions affecting time, copies of which are to be posted on the businessbulletin board. It is agreed that, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of prior to changes being made under this Agreement. Such prerogatives shall include, but not be limited toclause, the sole Employer shall notify the employees of such change and exclusive rights to: Hirefurther agrees to consider any representation made by the employees with respect to such change; (c) to hire, transfer, layoff, recall, promote, demote, layoffclassify and assign duties; to discharge, assign, transfer, suspend, discharge and suspend or otherwise discipline employees and set incentive plans for employees; determine who have completed their probationary period, provided that a claim by any employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not they have unjustly been disciplined may be subject to the grievance and arbitration provisions of this Agreementprocedure. The foregoing statement Probationary employees may be discharged at the sole discretion of the rights Employer; (d) to operate and manage its affairs and Retirement Residence in as efficient and economical manner as it sees fit and to plan, direct and control the work of management the employees and the operations of Employer the Retirement Residence. This includes the right to introduce new and improved methods, facilities, equipment, and to control the amount of supervision necessary, combining or splitting up of departments, work schedules, and the increase or reduction of personnel in any particular area or on the whole and the number of employees required for the Employers purpose and to reduce or increase normal hours of work per day or per week and to establish starting and quitting times; (e) to determine the nature and kind of functions are not all-inclusiveand operations to be conducted by the Employer; the services to be rendered and the method by which such services will be rendered; the kinds and locations of facilities, but indicate equipment, merchandise, goods, fixtures to be used, the type of matters or rights, which belong resident services to be carried on; and are inherent in management the control of materials and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtygoods.

MANAGEMENT RIGHTS. Section 1. The Union recognizes that the Employer retains has the exclusive right responsibility and the authority to manage and direct all of the businessoperations and activities of the District to the full extent authorized by law, that all of the rights and powers that the Employer had prior to the execution of this Agreement are retained by the Employer, and that nothing in the Agreement shall be deemed to limit or control the exercise of the same unless, and only to the extent, they are expressly and specifically limited by this Agreement. These rights and powers, include, but are not limited to: the rights to hire, direct, assign, recall, demote and promote employees; to reprimand, suspend, and discharge employees for just cause; to lay off employees for lack of work or other legitimate reason; to reduce the work day or work week or effect reductions in hours by combining layoffs and reductions in workday or work week; to select employees for promotion or transfer to supervisory or other positions outside the bargaining unit; to determine the qualifications and competency of employees to perform available work; to change and eliminate job classifications; to establish new classifications and the work content of existing classifications; to maintain discipline, order and efficiency of employees; to plan for and manage its affairs efficiently and economically, including the determination of the quantity and quality of service to be performed; to determine the number of employees assigned to any operations, to direct, control determine the labor requirements of the District and schedule its operations to determine and adjust the size of the work force and to determine and adjust the schedules of work; to determine and adjust the means, methods and procedures of work and to introduce new and improved means, methods and procedures and eliminate existing means, methods and procedures; to discontinue any service, function or operation; to establish, revise and maintain and enforce work standards. Section 2. Except as otherwise provided herein, all reasonable rules, regulations, policies, procedures, and practices of the Employer shall remain in full force and effect and may be changed, updated and supplemented from time to time, provided that they do not conflict with an express limitation in this Agreement. It is specifically understood, without limiting the generality of the foregoing, that the Employer shall have the right to make any reasonable rules and all decisions affecting regulations not in conflict with this Agreement as it may from time to time deem best for the businesspurpose of maintaining safety, discipline, security, efficient and/or effective operations. The Employer shall make the employees aware of new or modified rules and regulations prior to implementation. The rules and regulations shall not limit the Employer’s right to discipline or discharge employees under appropriate circumstances, whether or not specifically mentioned herein, the cause for such action is addressed in said rules. Section 3. Supervisory personnel and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline other employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change Employer not included in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference bargaining unit represented by the Union except as specifically abridgedmay perform any work, altered or modified including work ordinarily done by members of the bargaining unit represented by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any taskUnion. Section 4. The Employer, therefore, has the ’s right to schedule its non-bargaining unit transfer employees at any time; howeverwill be exercised in accordance with the following: a) If the transfer occurs in connection with a layoff situation, non-bargaining unit employees shall not customarily do bargaining unit work. The selection the procedures set forth in the last paragraph of supervisory personnel shall Section 2, Article XII, Xxxxxx and Recall, will be observed. b) In all other cases of transfer, the sole responsibility of Union and the employee will be given a prior opportunity to meet with the Employer and shall not be subject to discuss the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice impact of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtytransfer.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union recognizes and acknowledges that the management of the department/stores and direction of the work force are fixed exclusively in Amity, and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right to manage the businessfunction of Amity to: (a) maintain order, to directdiscipline, control efficiency and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hirequality; (b) hire, promote, demote, layoff, assignclassify, transfer, suspend, discharge suspend and discipline retire employees and set incentive plans to discipline and discharge any employee for just cause subject to the terms of the Agreement; (c) make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the employees; ; (d) determine employee benefits; determine overtime rules; select the nature and determine kinds of business conducted by Amity, the kinds and locations of plants, equipment and materials to be used, the control of materials and parts, the quality and quantity of production, the methods and techniques of work, the content of the jobs, the schedules of production, the number of its employeesemployees to be employed, the scheduling of employees including the number assigned scheduling of shifts, the extensions, limitations, curtailment or cessation of operations or any part thereof, and to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime exercise all other functions and prerogatives which shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation remain solely with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union Amity except as specifically abridged, altered or modified limited by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate ; (e) expect employees to have a presentable appearance at all times giving due consideration to the type of matters job the employee is performing. In this context Amity may require employees in public contact positions to wear a full or rightspartial uniform which will identify the individual as an Amity employee. Amity will bear the full cost of any wearing apparel supplied, which belong plus dry cleaning, repair and replacement solely at the discretion of Amity. It is agreed that employees in turn will make every effort to take care of clothing provided, and are inherent in management carry out minor laundering themselves. (f) give special consideration and shall not vocational support services to referred clients, client workers and other persons with disabilities and/or disadvantages who may be construed involved in any way to exclude other Employer functions not specifically enumeratedof Amity's programs. The Employer shall maintain prime purpose will always be to provide the wages best possible training so that the individual will become as self-reliant as possible, and reach their maximum potential. Success will be measured by achieving the goals outlined in the Individual's Vocational Plan which could include placement in a community employment setting, other desirable job match, or further assessment and skills upgrading. (g) provide occasional unpaid assessment services for other social service agencies and utilize volunteers as a vital component of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right Amity's diversified programs to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyassist Amity in meeting its mission objectives.

MANAGEMENT RIGHTS. 4.01 The Union recognizes and acknowledges that the Management of the operation and direction of the working forces are fixed exclusively in the Employer retains and, without restricting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer and its management. a) To maintain order, discipline and efficiency; to make, alter, and enforce, from time-to-time, rules and regulations, policies and practices to be observed by its employees; to discipline and discharge employees; it being understood and agreed that changes will be brought to the attention of and discussion will take place with the Union Committee prior to implementation thereof. b) To selection, hire, to transfer, assign, promote, demote, classify, lay-off, recall and to plan, direct and control operations; to select and retain employees for positions excluded from the bargaining unit. c) To operate and manage the business in order to satisfy its commitments and responsibilities; the right to determine the extension, limitation, curtailment or cessation of operations or any part thereof; the right to determine the nature and kind of business conducted by the Employer, the sub-contracting of work, the kinds and locations of operation, equipment, and materials to be used, products, materials, services and/or equipment purchased and/or leased, the control of materials, the methods and techniques of work, the content of jobs, the scheduling of operations, and quantity and quality of production; the right to create or alter job classifications from time-to-time; the right to use improved methods, machinery and equipment; the right to decide on the number of employees needed by the Employer at any time; the hours to be worked; starting and quitting times, except that these times will not be arbitrarily changed; to institute and generally the right to manage the businessenterprise and business are solely and exclusively the right of the Employer, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not except only as may be specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted limited by a specific an expressed provision of this Agreement. Such prerogatives shall include, but not be limited to, Failure by the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number Employer to exercise any of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and management rights shall not be subject to considered a waiver or abandonment of such rights. The Employer agrees it will not exercise its functions in a manner inconsistent with the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer Unless an express, specific provision of this Agreement clearly provides otherwise, the City of Newburyport through the Mayor and such other officials as may be authorized to act on the City's behalf, retain all rights and prerogatives to manage and control the departments or functions in which bargaining unit personnel are employed. By way of example but not limitations, management retains the exclusive following rights: to determine the organization of such departmentsor functions, the number of employees assigned to an organizational unit, work project, or task; to determine the policies and practices involving or affecting the hiring, promotion, assignment, direction, and transfer of personnel; to determine the equipment to be used and the uniforms to be worn in the performance of duty; to establish qualifications for ability to perform work in classes and/or ratings, including physical, intellectual, and mental health qua1ifications; to lay off employees in the event of lack of work or funds or under conditions where management believes that continuation of such work would be less efficient, less productive, or less economical; to establish or modify work schedules and shift schedules, and the number of selection of employees to be assigned to take whatever action s may be necessary to carry out its responsibilities in situations of emergency; to enforce existing rules and regulations for the governance of the various departments or functions and to add to or modify such regulations as it deems appropriate; to discharge, suspend, demote, or take other disciplinary action forcause and shall not be arbitrary or capricious. Management also reserves the right to manage the businessdecide whether, when, and how to direct, control and schedule exercise its operations and work force and to make any and all decisions affecting the businessprerogatives, whether or not specifically mentioned hereinenumerated in this Agreement. Accordingly, and whether or the failure to exercise any right shall not heretofore exercisedbe deemed a waiver. Except as expressly modified or restricted provided by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive exercise of the aforementioned rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine as well as any matter dealing with the number administration of its employees, including the number assigned to any particular work various departments or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime functions shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials final and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer binding and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management Discipline: Management reserves and of Employer functions are not all-inclusiveretains its right to discharge, but indicate the type of matters suspend, or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers otherwise discipline employees covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent AgreementAgreement for just cause. The Employer Mayor shall have provide an informal hearing to the unilateral employee prior to taking such action. The Mayor has the right to modify include additional appropriate personnel to such hearing. The Union may arbitrate disciplinary action taken during the terms term of an appointment or conditions of employment of covered workers, which are not on the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtygrounds that it was clearly without just cause.

MANAGEMENT RIGHTS. 7.1 The Union and the Employees covered by this Agreement recognize and acknowledge that the Employer retains has the exclusive right to manage the business, to direct, control Employer's system and schedule its operations and work force and to make any and all decisions affecting enterprise in which the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision Employer is engaged without limiting the generality of this Agreement. Such prerogatives shall include, but not be limited tothe foregoing, the sole Employer has the right to: (a) maintain order, discipline and exclusive rights to: Hireefficiency; (b) hire, determine qualifications, assign work, promote, demotedemote (as a non-disciplinary measure), transfer, layoff, assigndiscipline for just cause any Employee covered by this Agreement; (c) make and alter, transferfrom time to time, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing to be observed by Employees, which rules and regulations shall not be inconsistent with the conduct express provisions of this Agreement and acts any changes to such rules and regulations shall, except in the case of employees during working hours; require that duties other than those normally assigned an emergency, be first discussed at a meeting of the Joint Consultation Committee; (d) determine the nature of the work to be performed, the standard and quality of service to be provided, the schedules of work and the methods and procedures to be used; select supervisory employees; train employees; discontinue and (e) study or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless the extension, limitation, curtailment or cessation of whether operations in whole or not the same cause a reduction in the working force; establishpart, change, combine to contract out work or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performanceservices, and methods of evaluation all other matters concerning the operation of the employees, and Employer's services not specifically restricted in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered . 7.2 All Employees are hired by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not may be subject temporarily assigned, from time to time, to respond to unforeseen or non-recurring situations, to a school or office building, which requires the Employee's services. (a) The Employer recognizes the importance of job security to members of the bargaining unit and their contribution to the grievance educational system and arbitration provisions therefore agrees that it will not contract out work if it will result in the dismissal, layoff or reduction in regular hours of this Agreement. The foregoing statement bargaining unit members or if it will result in laid-off members not being recalled. (b) Where work is contracted out for reasons beyond the control of the rights of management and of Employer, the Employer functions are not all-inclusive, but indicate will make reasonable efforts to obtain positions with the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumeratedcontractor for Employees whose work is contracted out. The Employer shall maintain will provide the wages of workers covered by this Agreement, as Union with notice prior to contracting out services and will discuss its reasons with the Union. (c) An Employee who indicates the Employee would like the option to return to the Employee's employment with the Employer within thirty (30) days of the effective date of this Agreement, unless explicitly modified by proposed contracting out shall be given three (3) months to return to the terms of this or any subsequent Agreement. Bargaining Unit after the Employee commenced employment with the contractor; and (d) The Employer shall have agrees to be bound by section 31 of the unilateral right Trade Union Act. 7.4 The Employer and the Union agree that neither party will exercise their rights in an arbitrary, capricious or bad faith manner. 7.5 No changes will be made to modify the terms or conditions of employment of covered workersworking conditions, which Employees presently enjoy, and which are not the subject of explicit terms of contained in this Agreement or any subsequent Agreement, after notice of until such change to the Union and an opportunity to meet and discuss the changes are first discussed with the Employer, if requested by the Union within thirtyJoint Consultation Committee.

MANAGEMENT RIGHTS. The Employer retains 4.01 Except, and to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management. There shall be no attempt by either party or an Arbitrator or a Board of Arbitration to read into the provisions of this Agreement a principle or authority whereby the process of collective bargaining has in any way usurped the rights of management. Without limiting the generality of the foregoing, the Company's exclusive right rights, power and authority shall include but shall not be confined to: (a) the right: to manage the businessplan, to direct, control and schedule its operations alter all operations; to designate, establish, revise or discontinue departments, to select and work force retain employees for positions excluded from the bargaining unit, subject to the express terms of the Collective Bargaining Agreement; (b) make, enforce and alter, from time to make any time, reasonable rules and all decisions affecting regulations to be observed by the businessemployees; hire, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hiretransfer, promote, demote, layoffclassify, assignassign duties, transferlay off, suspendretire, discharge and recall, discharge, suspend or otherwise discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including provided that a claim that an employee who has completed his probationary period has been discharged or disciplined without just cause or has been dealt with contrary to the number assigned provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided; (c) the right: to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type extent of operationthe operations and their commencement, expansion, curtailment or discontinuance; determine the direction of the working forces, the services to be provided; the description of jobs; the subcontracting of work; the schedule of hours of work and schedule when of production; the number of shifts; the requirement of medical examinations at the Company's expense by a physician designated or approved by it; the qualification of employees; the use of improved methods; whether there shall be overtime and who shall perform such work; the number of employees needed by the Company at any time and how many shall work on any job; the number of hours to be worked; install or remove equipment; discontinue the operation of the business by sale or otherwisestarting and quitting time period and generally, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule manage the enterprise and its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be business without interference are solely and exclusively the sole responsibility right of the Employer Company. 4.02 Where the rights, power and shall not be subject to authority itemized above are modified or limited by the grievance terms and arbitration provisions of this Agreement. The foregoing statement of , they shall only be modified or limited to the rights of management extent specifically provided for therein. 4.03 In addition to existing rules and of Employer functions are not all-inclusiveregulations, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right from time to modify time to make such rules and regulations as it may deem necessary and advisable and all employees shall be obliged to comply with such rules and regulations. Prior to the terms implementation of a new rule or conditions of employment of covered workersregulation affecting employees, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice Employer shall notify the Union of such change to the Union new or modified rule or regulation and an opportunity to meet and shall upon request discuss the changes matter with the Employer, if requested by the Union within thirtyUnion.

MANAGEMENT RIGHTS. 7.01 The Union acknowledges that all Management’s rights and prerogatives are vested exclusively with the Employer and, without limiting the generality of the foregoing, it is the exclusive function of the Employer: (a) to determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the domiciliary care home; (b) to maintain order, discipline and efficiency, and in connection therewith to establish and enforce reasonable rules and regulations. Such rules will be made available to all employees and to the Local Union. The Employer retains reserves the exclusive right to manage the businessintroduce new rules from time to time, copies of which will also be made available to direct, control and schedule its operations and work force all employees and to make any and all decisions affecting the businessLocal Union; (c) to hire, whether or not specifically mentioned hereintransfer, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includelay-off, but not be limited to, the sole and exclusive rights to: Hirerecall, promote, demote, layoffclassify, assignassign duties, schedule, discharge, suspend or otherwise discipline employees who have completed their probationary period for just cause, provided that a claim of discriminatory transfer, suspenddemotion or a claim that an employee who has completed his probationary period, has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. The discharge and discipline employees and set incentive plans for employees; determine of a probationary employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue solely in the operation discretion of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations Employer; (d) to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has have the right to schedule its non-plan, direct and control the work of the employees and the operations of the domiciliary care home. This includes the right to introduce new and improved methods, facilities, equipment, and to control splitting up of departments, work schedules, and the increase or reduction of personnel in any particular area or on the whole; (e) when a bargaining unit employees at any timeemployee is directed to draft a work schedule, he/she shall give a copy of the schedule to the Local President, or in his/her absence to a Local Union executive member who is working; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of and (f) the Employer and shall not be subject to the grievance and arbitration provisions of this AgreementUnion, through labour-management meetings, will address issues resulting from a resident’s behaviour problems (including aggression), which may compromise employee safety. The foregoing statement effectiveness of any existing policies which address such behaviour will be reviewed on a regular basis and the rights of joint labour-management committee will be expected to recommend new approaches, procedures and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to techniques for prevention and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyrisk management.

MANAGEMENT RIGHTS. (a) The Employer retains Association and the members recognize and acknowledge that it is the exclusive function of the Board to: (i) maintain order, discipline and efficiency; (ii) hire, discharge, direct, classify, transfer, promote, demote and suspend or otherwise discipline any member, provided that a claim of discriminatory promotion, demotion or transfer or a claim that any such member has been discharged or disciplined without reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided; (iii) generally to manage the operations and undertakings of the Service and, without restricting the generality of the foregoing, to select, install and require the operation of any equipment, plant and machinery which the Board in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the operations and undertakings of the Service. (b) The Board agrees that it will not exercise the foregoing functions in a manner inconsistent with the provisions of this Collective Agreement. 3:02 Notwithstanding anything to the contrary contained in this Collective Agreement, the Board shall have the exclusive right to manage discharge: (a) a probationary permanent member other than a Communications Operator within the businessfirst six months of his/her service; and (b) a probationary permanent Communications Operator within the first twelve months of his/her service. (a) The parties agree to create a bi-partite Job Review Committee. Upon request of either the Association or the Board, the Job Review Committee will review jobs that may have been materially amended. This Review will be conducted to directensure the job is placed within the appropriate job classification. In conducting the Review, control the Job Review Committee will evaluate up to date job content information using the Deloitte and schedule its operations and work force and to make any and all decisions affecting Touche job evaluation system. This Review shall take place after six months but no more than one year of the business, whether or not specifically mentioned herein, and whether or not heretofore exercisednotification of the material amendment. Except Any wage increase required as expressly modified or restricted by a specific provision result of this Agreementreview (b) whose decision is final and binding on both the parties. Such prerogatives shall include, but The Board is not be limited to, required to review a job more than once in a calendar year. It is also the sole intent and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation understanding of the business by sale Parties that all jobs may be reviewed periodically upon the request of either the Board or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations Association to be utilized or to discontinue their use; transfer or relocate any or all maintain the integrity of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtysystem.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business‌ All Management rights, to directpowers, control authority and schedule its operations and work force and to make any and all decisions affecting the businessfunctions, whether heretofore or not specifically mentioned hereinhereafter exercised, and whether regardless of the frequency or not heretofore exercisedinfrequency of their exercise shall remain vested, exclusively in the Company. Except as It is expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall recognized that such rights, powers, authority and functions include, but not be are by no means whatever limited to, the sole full and exclusive rights to: Hirecontrol, promote, demote, layoff, assign, management and operation of its business and its plant. The right to transfer, suspendrelocate, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch manufacturing operation, or any part thereof, for any purpose including but not limited to reducing labor costs; the determination of operation with any consequent reduction the scope of its activities, products to be processed or other manufactured, and methods pertaining thereto, the location of such processing or manufacturing, the materials and products to be acquired or utilized, and the layout thereof; the right to establish, or change in shifts, schedules and standards; the work forceright to schedule, change, eliminate and require overtime work; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; right to establish, change, combine or abolish eliminate jobs, job classificationsclassifications and descriptions; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule establish wage rates for new or changed jobs, job classifications and descriptions; the right to introduce new or improved procedures, methods, processes, facilities, machines and equipment or make technological changes; the right to make industrial engineered or time studies of operations or jobs; the right to maintain order and efficiency; the right to contract or subcontract any work; the determination of the number, size and location of its non-bargaining unit employees at plants or any time; howeverpart thereof, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel and the extent to which the means and manner by which its plant or plants, or any parts thereof, shall be operated, relocated, shut down or abandoned; the sole responsibility right to terminate, merge, consolidate, sell or otherwise transfer its business or any part thereof; the right to make change and enforce safety and security rules, rules of conduct and work rules; the determination of the Employer number of employees, the assignment of duties thereto, and the right to change, increase or reduce the same, and the direction of the working forces, including but by no means limited to hiring, selecting and training of new employees and scheduling, assigning, laying off, recalling, promoting, demoting and transferring of its employees. It is the intention of the Company and the Union that the rights, powers, authority and functions referred to herein shall not be subject to remain exclusively vested in the grievance and arbitration Company except insofar as specifically surrendered or limited by express provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer Company shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are promulgate and enforce rules and regulations not the subject of explicit terms of in conflict with this Agreement or any subsequent Agreement, after notice of such change to and which the Union and an opportunity may challenge as unreasonable. The Company shall have the right to meet and discuss the changes with the Employerdiscipline, if requested by the Union within thirtysuspend, or discharge for cause. From Dec 1st, 2022 to Nov 30th, 2026

MANAGEMENT RIGHTS. The Section 1. Subject to the provisions of this Agreement, the Employer retains shall have the exclusive right to manage and direct the business, to direct, control and schedule its operations and work work-force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted covered by a specific provision of this Agreement. Such prerogatives shall includeAmong the exclusive rights of management, but not be limited tointended as a wholly inclusive list of them are: the right to plan, direct, and control all operations performed at the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine various locations serviced by the number of its employees, including the number assigned to any particular work or work unitEmployer; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either to schedule the workforce and to temporarily or permanentlypermanently modify the schedules to meet the customer’s or Employer’s needs, within programs and/or job classifications; determine job qualificationsto transfer, change work shiftslocations, work pace, work performance levels, standards of performancehire, and methods promote; to discipline, suspend or discharge for proper cause; to relieve employees from duty because of evaluation lack of work or for any other legitimate reason; to cease acting as contractor at any location or cease performing certain functions at any locations, even though employees at the location may be terminated or relieved from duty as a result; to make and enforce reasonable rules and regulations; to introduce new equipment or methods, even though employees at the location may be relieved from duty as a result. In no case will this Article be used for the purpose of discriminating against any employee, nor shall it be used in any manner inconsistent with any of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. Section 2. The Union recognizes that the Employer provides a service which is important to the customer and that this Agreement should be interpreted so as to give primary consideration to the customer's needs and preferences, provided that the foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall will not be construed in to abrogate any way to exclude other rights under this Agreement. If a customer demands that the Employer functions not specifically enumerated. The remove an employee from further employment at a location, the Employer shall maintain have the wages right to comply with such demand. Written notice of workers the employee’s misconduct from the customer shall be considered for Employer disciplinary purposes. However, unless the Employer has proper cause to discharge the employee, the Employer will attempt to place the employee in a job with similar pay and benefit rates at another location where it provides services and which is covered by this Agreement, as of provided the effective date of employee has the knowledge, training, ability, skill, and efficiency to satisfactorily perform the work and no other employee has a superior claim to the job under this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. Section 3. The Employer shall have the unilateral right to modify the terms or conditions of employment of All rights not otherwise covered workers, which are not the subject of explicit terms of under this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyremain management rights.

MANAGEMENT RIGHTS. 7.1 The Union and the Employees covered by this Agreement recognize and acknowledge that the Employer retains has the exclusive right to manage the business, to direct, control School Board's system and schedule its operations and work force and to make any and all decisions affecting enterprise in which the business, whether or not specifically mentioned herein, and whether or not heretofore exercisedSchool Board is engaged. Except as expressly modified or restricted by a specific provision Without limiting the generality of this Agreement. Such prerogatives shall include, but not be limited tothe foregoing, the sole Employer has the right to: (a) maintain order, discipline and exclusive rights to: Hireefficiency; (b) hire, determine qualifications, assign work, promote, demotedemote (as a non- disciplinary measure), transfer, layoff, assigndiscipline for just cause any Employee covered by this Agreement; (c) make and alter, transferfrom time to time, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing to be observed by Employees, which rules and regulations shall not be inconsistent with the conduct express provisions of this Agreement and acts any changes to such rules and regulations shall, except in the case of employees during working hours; require that duties other than those normally assigned an emergency, be first discussed at a meeting of the Joint Consultation Committee; (d) determine the nature of the work to be performed, the standard and quality of service to be provided, the schedules of work and the methods and procedures to be used; select supervisory employees; train employees; discontinue and (e) study or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless the extension, limitation, curtailment or cessation of whether operations in whole or not the same cause a reduction in the working force; establishpart, change, combine to contract out work or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performanceservices, and methods of evaluation all other matters concerning the operation of the employees, and Board's services not specifically restricted in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference this Agreement. 7.2 All Employees are hired by the Union except as specifically abridgedEmployer and may be temporarily assigned, altered from time to time, to respond to unforeseen or modified by non-recurring situations, to a school or office building, which requires the express terms of this Agreement. Employee's services. (a) The provisions Employer agrees during the term of this Agreement do not prohibit to contract out services presently provided by the Employees in the Bargaining Unit until the Union has been advised of the intent and consulted as per this agreement; (b) The Employer will make reasonable efforts where work is contracted out to obtain positions with the contractor for Employees whose work is contracted out. (c) An Employee who indicates the Employee would like the option to return to the Employee’s employment with the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has within thirty (30) days of the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel proposed contracting out shall be given three (3) months to return to the sole responsibility Bargaining Unit after the Employee commenced employment with the contractor; and (d) The Employer agrees to be bound by section 31 of the Trade Union Act. 7.4 The Employer and shall not the Union agree that neither party will exercise their rights in an arbitrary, capricious or bad faith manner. 7.5 No changes will be subject made to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rightsworking conditions, which belong to Employees presently enjoy, and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of contained in this Agreement or any subsequent Agreement, after notice of until such change to the Union and an opportunity to meet and discuss the changes are first discussed with the Employer, if requested by the Union within thirtyJoint Consultation Committee.

MANAGEMENT RIGHTS. The Employer 6.1 Subject to the specific provisions of this Agreement, Management retains the exclusive right all rights granted by federal, state or municipal statute to operate and manage the businessfunction of the City, to directcontrol, control direct and schedule its operations and work force workforce and to make any and all decisions affecting the business, such operation whether or not specifically mentioned herein, herein and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision The parties recognize the rights of this Agreement. Such prerogatives shall the Employer which include, but are not be limited to:  Select and hire all Employees, and to supervise their work as well as the sole management of the City’s operations;  Determine the number, locations and exclusive rights to: Hiretypes of City operations and services, including the right to move, reduce or discontinue any City operations or services;  Determine the method, manner and means and standards through which Employees perform their jobs;  Determine the need for a reduction or an increase in the work force and the implementation of any decision with regards to thereto;  Introduce new or different technology or automation into the workplace;  Determine the number of Employees in the bargaining unit and the specific duties and job descriptions of such Employees;  Establish, modify or change schedules and working hours;  Organize and reorganize its operations in any manner it chooses;  Determine the qualifications of Employees, promote, demote, layoff, assign, transfer, suspendlayoff or recall Employees;  Allocate and assign work to Employees;  Determine the need for educational courses, discharge training programs, or on-the-job training, and discipline assign employees and set incentive plans to such duties for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations periods to be utilized determined by the Employer;  Make and enforce workplace rules and policies, and change any policy, procedure or practices;  Discipline or discharge Employees and maintain an efficient and orderly work environment; and  Determine the scope and level of services provided by the City;  Determine whether City activities or services are appropriately contracted or subcontracted to outside entities or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its City non-bargaining unit employees provided that the Guild is given at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility least 30 days advance notice of the Employer and shall not be subject City’s preliminary intent on such matters. If the Guild gives notice within the 30 day period of a desire to bargain, the grievance and arbitration provisions of this AgreementCity agrees to bargain. The foregoing statement If no agreement is reached by 60 days from the original notice, the parties may agree to mediate. If mediation is unsuccessful within 90 days of the rights of management and of Employer functions are not all-inclusiveoriginal notice, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes City may proceed with the Employer, if requested by the Union within thirtyits contract.

MANAGEMENT RIGHTS. a. The Employer retains Union recognizes the exclusive Employer’s inherent and traditional right to manage the its business, to direct, control hire and schedule its operations and to direct the work force and to make any establish and all decisions affecting modify the business, whether or not specifically mentioned herein, terms and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation conditions of the employees’ employment, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified such right is expressly limited by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration specific provisions of this Agreement. The foregoing statement exercise of these management rights is vested exclusively with the rights of management and of Employer functions are not all-inclusiveEmployer. The employer’s failure to exercise any function or right in a particular way, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed deemed a waiver of its rights to exercise such function or right or preclude the Employer from exercising the same right in any way to exclude some other Employer functions way. All matters not specifically enumeratedand expressly controlled by language of this Agreement may be administered for its duration by the Employer in accordance with such policy or procedure as the Employer from time to time may determine. b. Specifically, and without limiting the generality of the foregoing, the Employer has the sole exclusive right: 1. The Employer To hire, suspend, transfer, promote, demote, and discipline employees and to maintain and improve their discipline, efficiency, and quality of work; 2. To lay off, terminate or otherwise relieve employees from duty; 3. To determine the size and composition of the workforce and to eliminate, change, or consolidate jobs; 4. To install new jobs; 5. To direct the method and process of doing work and to introduce new and improved work methods or equipment; 6. To make, modify, revoke, and enforce such work rules and regulations that in the Employer’s opinion may be necessary or reasonable for the proper, safe, and efficient conduct of the Employer’s business, provided such rules and regulations and their enforcement shall maintain the wages not violate any express rights of workers covered by this Agreement. Copies of all such rules and regulations, additions, amendments, or revocations shall be given to the Union; 7. To determine the location where work is to be performed; 8. To determine the starting and quitting times, the time for lunch and rest breaks, the number of hours to be worked, and the work week; and 9. To demand such other work requirements, so long as of they do not violate the effective date express provisions of this Agreement, unless explicitly modified that directly or indirectly are deemed by the terms Employer to be in the interests of this or any subsequent Agreement. The the Client. c. Additionally, the Employer shall have has the unilateral sole and exclusive right to modify the terms (1) cease any or conditions of employment of all operations or services performed by employees covered workers, which are not the subject of explicit terms of by this Agreement or (2) subcontract work, but only pursuant to Section 4 below. d. The parties agree that any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested arbitrator shall be bound by the Union within thirtyprovisions of this Agreement.

MANAGEMENT RIGHTS. The Section 1. It is understood and agreed that the Employer retains possesses the exclusive sole right and authority to manage operate and direct the businessemployees of the Employer in all aspects, including, but not limited to, all rights and authority exercised by the Employer prior to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision execution of this Agreement, except as abridged in this Agreement or modified by provisions of 4117 of the Ohio Revised Code. Such prerogatives shall include, but not be limited to, These rights include the sole and exclusive rights to: Hire• Determine its location, mission, and policies; • set forth all standards of service offered to the public; • maintain order; • hire, assign, direct, transfer, classify, evaluate, promote, demoteand lay off employees; • relieve, layoff, assign, transferdischarge, suspend, discharge and demote, or otherwise discipline employees and set incentive plans for employeesjust cause; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise• terminate, in whole a non-disciplinary manner, the employment of employees who are rendered or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations become unable to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine perform the work duties for more than one (1) year normally required of employeesFire Fighters/EMT; promulgate• make, post publish, and enforce reasonable rules and regulations governing regulations; • determine classifications within, and the conduct size, duties, and acts qualifications of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; • determine work shifts; • schedule and assign work, including overtime; • reorganize, discontinue, reduce, or enlarge any department, proportion thereof; • determine the methods and means of the work; • determine the numbers of personnel required; • establish the standards of work; • introduce new or improved methods methods, equipment, or facilities, regardless ; contract out for goods and services; • to take any and all actions as may be deemed necessary to carry out the mission of whether or not the same cause a reduction Employer in situations of civil emergency as may be declared by the Employer. Section 2. The City of Willowick has the sole right and authority to determine the purpose and mission of the Employer and the amount of budget to be adopted thereto. Section 3. If in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation sole discretion of the employeesEmployer, and in all respect carryoutit is determined that extreme civil emergency conditions exist, in additionincluding, but not limited to, riots, civil disorders, tornado conditions, floods, or other similar catastrophes, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit may be suspended by the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has during the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility time of the Employer declared emergency, provided that wage rates and monetary fringe benefits shall not be subject to suspended. Should an emergency arise, the grievance and arbitration provisions of this Agreement. The foregoing statement Employer shall advise the Association of the rights nature of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumeratedemergency. The Employer shall maintain confirm said advice in writing as soon thereafter as practicable and shall forward said written notice to the wages of workers covered by this AgreementAssociation. Not more than ten (10) days after a declared emergency has ended, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms all suspended provisions of this Agreement or shall regain full force and effect. Section 4. With regard to any subsequent Agreementgrievance arising out of the suspension of any provisions of this Agreement by the Employer in the exercise of its rights under Section Three (3) of this Article, after notice all time limits set forth in the grievance procedures of such change to this Agreement shall be tolled until the Union emergency is over and an opportunity to meet the suspended provisions shall have regained full force and discuss effect or, at the changes with option of the Association, until the Association shall have received the Employer, 's written confirmation of its advice regarding the nature of the emergency if requested it has not already received the same by the Union within thirtytime the suspension of provisions is ended.

MANAGEMENT RIGHTS. Except as otherwise specifically provided in this contract, the management and operation of the Employer’s offices, worksites and property as well as the control of the premises and the direction of the workforce are rights exclusive to the Employer. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includeincludes, but is not be limited to, the sole and exclusive rights to: Hireright to hire, assign, transfer, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans Bargaining Unit Employees for employees; determine employee benefits; determine overtime rulesJust Cause; select and determine the number of its employeesBargaining Unit Employees, including the number numbers assigned to any particular work or work unitwork; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part part, at any time; subcontract bargainingbargaining unit work (in accordance with Article 21-unit work, Subcontractors); determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employeesBargaining Unit Employees; promulgate, post and enforce reasonable rules and regulations governing the conduct and acts act of employees bargaining Unit Employees during working hours; require that duties thatduties other than those normally assigned to be performedperformed temporarily for coverage if necessary; select supervisory employees; train employeesBargaining Unit Employees, training Bargaining Unit Employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; classifications and transfer employeesBargaining Unit Employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employeesBargaining Unit Employees, and in all respect carryoutcarry out, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-all- inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to propose to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employerbargain over proposed changes, if requested by the Union within thirtythirty (30) days of notice of the change. None of these rights shall be exercised in an arbitrary or capricious manner.

MANAGEMENT RIGHTS. 3.1 The Employer retains Union recognizes and acknowledges that all management rights and prerogatives and the direction of the working forces, and the management of the Company’s enterprise, are vested exclusively with the Company and without limiting the generality of the foregoing the exclusive functions of the Company shall include the following rights: (a) To operate and manage its business in every and in all respects; (b) To maintain order, discipline, efficiency amongst its employees and in connection therewith to establish and enforce reasonable rules, regulations, policies and practices from time to time to be observed by its employees. The Company reserves the right to manage the business, amend or introduce new rules from time to direct, control time and schedule its operations and work force any such new rules will be communicated in writing to employees and to make any and all decisions affecting the businessUnion; (c) To select, whether or not specifically mentioned hereinhire, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includetransfer, but not be limited tolayoff, the sole and exclusive rights to: Hirerecall, promote, demote, layoffclassify, assignassign duties, transferdischarge, suspend, discharge and or otherwise discipline employees for just cause, provided that a claim that an employee who has been discharged or disciplined without just cause (except in the case of probationary employees to whom Article 12 applies) can be the subject of a grievance and set incentive plans dealt with as hereinafter provided; to determine whether vacancies exist and whether to hire persons to fill vacant positions or newly created positions; (d) To determine the nature and kind of business conducted by the Company, the kinds and locations of its operations, the services to be rendered, the kinds of machines and/or equipment to be used, the methods of operating and control of materials, goods, documents and information to be used, the control of materials and parts, the quality, quantity, and required efficiency of production and provision of services; (e) To have the right to plan, direct and control the work of the employees, the operations of the Company, and the schedules and procedures of work. This includes the right to introduce new and improved methods, facilities, machinery, technology, and equipment, and to direct and control the amount of supervision necessary; to combine or split work locations, work schedules, and to increase or reduce personnel in any particular area, or on the whole, and the number of employees required for employeesthe Company’s purposes; determine employee benefitsand to reduce or increase normal hours of work per day or per week and to establish starting and quitting times; determine overtime rules; select and to assign employees to shifts as required; (f) To determine the number of its employeesshifts, including the number assigned to any particular days and hours of work or work unit; to increase or decrease that number; direct per week, job content and schedule requirements, quality and quantity standards, the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties qualifications of employees; promulgate, post to select and enforce rules and regulations governing retain employees for positions excluded from the conduct and acts bargaining unit; (g) To establish standards of employees during working hoursservice; require that duties other than those normally assigned to amend or modify standards; to determine new methods to be performedused; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch to determine the requirements of operation with any consequent reduction or other change in a job and the qualifications of an employee to perform the work force; introduce new or improved methods or facilities, regardless of whether or required. 3.2 The Company agrees that it will not exercise its functions in a manner that is inconsistent with the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 4.01 The Union recognizes and acknowledges that the Management of the operation and direction of the working forces are fixed exclusively in the Employer retains and, without restricting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer and its management. a) To maintain order, discipline and efficiency; to make, alter, and enforce, from time-to-time, rules and regulations, policies and practices to be observed by its employees; to discipline and discharge employees; it being understood and agreed that changes will be brought to the attention of and discussion will take place with the Union Committee prior to implementation thereof. b) To selection, hire, to transfer, assign, promote, demote, classify, lay- off and recall; to plan, direct and control operations; to select and retain employees for positions excluded from the bargaining unit. c) To operate and manage the business in order to satisfy its commitments and responsibilities; the right to determine the extension, limitation, curtailment or cessation of operations or any part thereof; the right to determine the nature and kind of business conducted by the Employer, the sub-contracting of work, the kinds and locations of operation, equipment, and materials to be used, products, materials, services and/or equipment purchased and/or leased, the control of materials, the methods and techniques of work, the content of jobs, the scheduling of operations, and quantity and quality of production; the right to create or alter job classifications from time-to-time; the right to use improved methods, machinery and equipment; the right to decide on the number of employees needed by the Employer at any time; the hours to be worked; starting and quitting times, except that these times will not be arbitrarily changed; to institute and generally the right to manage the businessenterprise and business are solely and exclusively the right of the Employer, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not except only as may be specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted limited by a specific an expressed provision of this Agreement. Such prerogatives shall include, but not be limited to, Failure by the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number Employer to exercise any of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and management rights shall not be subject to considered a waiver or abandonment of such rights. The Employer agrees it will not exercise its functions in a manner inconsistent with the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management . 4.02 Employer policies shall be communicated and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change available to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyemployees where applicable.

MANAGEMENT RIGHTS. 3.01 The Employer retains Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer, and without limiting the generality of the foregoing, it is the exclusive right to manage function of the businessEmployer: a. To maintain order, discipline and efficiency, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine decide on the number of its employees, including employees needed by the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part Employer at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post establish and enforce reasonable rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned employees, where such rules will be posted on the Employee Bulletin Board with copies supplied to the Union Committee. The Employer reserves the right to amend or introduce new rules from time to time, copies of which are to be performed; select supervisory employees; train employees; discontinue posted on the Bulletin Board with copies supplied to the local Union Office. The local Union shall have the right to make representation before any rule is amended or reorganize any rule is introduced. b. To hire, transfer, layoff, recall, promote, demote, classify assign duties, discharge, suspend, or combine any department otherwise discipline employees who have completed their probationary period for just cause provided that a claim of discriminatory transfer, promotion, demotion of classification or branch a claim that an employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject of operation a grievance and dealt with any consequent reduction or other change in as hereinafter provided. The discharge of a probationary employee shall be at the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation sole discretion of the employees, Employer provided the discharge is based on a fair and reasonable assessment. These rights will not be performed in all respect carryout, in addition, a manner inconsistent with the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit A claim that the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall so exercised these rights may be the sole responsibility matter of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. a grievance. 3.02 The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right endeavour to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to inform the Union and an opportunity CLAC Representative as soon as possible in advance of all planned significant changes in work methods, supervision, number of personnel employed, layoffs, staff orientation program and the like and to meet and discuss the changes with the Employer, if requested give full consideration to any representations made by the Union within thirtycommittee, prior to implementing such changes.

MANAGEMENT RIGHTS. The All inherent and common law management functions and prerogatives which the Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or has not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Employer and are not subject to arbitration under this Agreement. Such prerogatives shall includeThe Employer specifically reserves the exclusive right in accordance with its judgment to reprimand, but not be limited tosuspend and otherwise discipline employees; to discharge employees for just cause, the sole which includes violation of company regulations and exclusive rights to: Hirepolicies; to hire, promote, demote, layofftransfer, assignlayoff and recall employees to work; to determine the starting and quitting times, and the number of hours and shifts to be worked; to maintain the efficiency of employees; to close down the operation or any part thereof, or expand, reduce, alter, combine, transfer, suspendassign or cease any job, discharge department, operation, or service; to control and discipline employees regulate the use of machinery, equipment and set incentive plans other property of the Employer; including but not limited to transferring or subcontracting with satellite growers for employeesthe cultivation, growing and harvesting of mushrooms provided that such subcontracting is not conducted on the company's existing property; determine employee benefits; determine overtime rules; select and to determine the number number, location and operation of its employees, including the number assigned to any particular work or work unitstations and divisions and departments thereof; to increase or decrease that numberassign work and overtime; direct and schedule the workforce; to determine the location size and type composition of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; to make or change rules, procedures, policies and practices not in conflict with the provisions of this Agreement; to assign or reassign equipment, jobs and work locations; to set schedules, hours and days of work; to establish standards of conduct and work for employees; to introduce new or improved methods or facilitiesproduction, regardless of whether or not maintenance, services and packing methods, materials, machinery and equipment and otherwise generally manage the same cause a reduction in business; and to direct the working work force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer's failure to exercise any function hereby reserved to it, thereforeor its exercising any such function in a particular way, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions deemed a waiver of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or its rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union acknowledges and agrees the exclusive right Company shall continue to reserve all the rights, power and authority to manage the business, to direct, control its plant and schedule its operations and work force business and to make any and all decisions affecting direct the business, whether working forces except as otherwise abridged or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted surrendered by a specific provision the expressed provisions of this Agreement. Such prerogatives Without restricting the generality of the foregoing, the exercise of such rights by the Company shall include, include but not be limited to: a) The right to maintain order, the sole discipline and exclusive rights to: Hireefficiency. b) The right to hire, direct, promote, demote, layoffdismiss, assignclassify, transfer, suspendlayoff, discharge recall and suspend or otherwise discipline employees except that a claim by an employee that he has been dismissed or disciplined without reasonable cause or improperly classified, transferred, laid-off or recalled may be the subject of a grievance and set incentive plans for employees; determine employee benefits; determine overtime dealt with in accordance with the grievance settlement procedure. c) The right to make, enforce, and revise from time to time reasonable rules and regulations relating to the discipline, the general conduct of employees and reasonable safety rules; select and determine the number of its employees, including the number assigned . d) The right to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation extent of the business by sale operations and their commencement, expansion, reduction or otherwisediscontinuance, in whole or in part at any the number of personnel required from time to time; subcontract bargaining-unit , the standards of performance of employees, the schedules of work, determine including the schedules of overtime work to be performed, schedules of vacations, the services to be performed and methods, procedures, machinery and equipment in connection therewith, the engineering and designing of products, the control of materials and operations parts to be utilized or to discontinue their use; transfer or relocate any or all of incorporated in the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned products to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performanceproduced, and methods the subcontracting of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection Company agrees that contracting out or in of supervisory personnel shall be any work will not result in the sole responsibility lay-off, or in the prevention of recall from lay-off, of any of it’s employees subject always to the Employer provisions that: i) such work is normally performed by bargaining unit members (employees); ii) the employees have the skill, abilities and shall qualifications to perform such work; iii) machine tools are available to perform such work; and iv) the Company’s customer requirements. The Company will endeavor to meet with and inform the Local Unit President, in as timely a manner as is practicable in the circumstances, of its intentions regarding the contracting out or in of any such work. 4.02 The Company agrees that these functions will not be subject to exercised in a manner inconsistent with the grievance and arbitration express provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 11.01 The Union recognizes that the Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, have the sole and exclusive rights right, except as otherwise specifically limited by the express provisions of this Agreement, to determine all matters pertaining to the management of its affairs, and that the direction of Employees is fixed exclusively in the Employer and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right of the Employer to: : (a) Maintain order, discipline and efficiency; (b) Determines the appropriate location of its place or places of business, the number of employees to be employed, and the work to be performed at all such locations; (c) Organize and reorganize the work of Employees; (d) Direct the working force and to create new classifications and work units and to determine the number of employees, if any, needed from time to time in any work unit or classification and to determine whether or not a position, work unit, or classification will be continued or declared redundant; (e) Hire, appoint, discharge, promote, demote, layoff, assignclassify, transfer, suspendlay off, discharge recall, suspend or otherwise discipline Employees; (f) Discharge Employees for just cause; (g) Make and discipline employees enforce and set incentive plans for employees; determine employee benefits; determine overtime rules; select alter from time to time rules and determine regulations to be observed by the number Employees, which are not in conflict with any provisions of its employees, including this Agreement; (h) Determine and change the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule operations of the workforce; determine the location and type of operationEmployer; determine and schedule when overtime shall be workedchange the locations where the Employer’s operations are carried on; install or remove equipmentdetermine and change the methods of carrying out the Employer’s operations; discontinue set reasonable standards for the operation performance of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performedperformed by Employees; select supervisory employeesand determine the time or times an Employee is to work; train employees; discontinue or reorganize or combine any department or branch and (i) Determine the nature and kind of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference operations conducted by the Union except as specifically abridgedEmployer; the kind and location of equipment to be used; the extension, altered limitation, curtailment or modified by the express terms cessation of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has operations; the right to schedule sell, merge, consolidate or lease its non-bargaining unit employees at operations or any timepart thereof; howeverand to determine all other functions and prerogatives heretofore vested in and exercised by the Employer which shall remain solely with the Employer. (j) In the event that the Union claims the Employer has exercised its rights in a discriminatory, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel arbitrary, or unjust manner, then such claim shall be considered a grievance and shall be dealt with in accordance with the sole responsibility terms of the Grievance Procedure as contained in this Agreement. 11.02 Failure of the Employer and to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 11.03 An Employee shall lose their seniority and their employment shall be at an end, if they: (a) retire; (b) resign; (c) fail to return to work at the expiration of an authorized leave; (d) fail to respond to a recall notice within the time required under this Agreement; (e) are discharged for just cause; or (f) fail to report to work for five (5) consecutive shifts without providing the Employer with a reasonable explanation for the absence. For greater clarity, if the Employee fails to report to work for less than five (5) consecutive shifts without providing the Employer with a reasonable explanation for the absence, the Employee shall continue to be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusiveprogressive discipline, but indicate the type of matters or rights, which belong up to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyincluding termination for just cause.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union acknowledges that the exclusive right to manage Company has all the businessnormal and usual rights of management in running its business in all respects according with its obligation, to directincluding the following: (a) maintain order, control discipline and schedule its operations and work force and to make any and all decisions affecting the businessefficiency; (b) hire, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hiredischarge, promote, demote, layoff, assign, transfer, suspend, discharge and suspend or otherwise discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including provided that a claim for an employee that he has been discharged, disciplined or otherwise unjustly dealt with may be the number assigned subject of a grievance and dealt with in accordance with the Grievance Procedure; (c) generally to any particular work or work unit; manage its business in all respects and in accordance with its obligations, subject to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation provisions of the business Agreement; (d) make and alter from time to time rules, regulations and policies that are just and fair. The Company agrees that it shall provide the Local Chairperson with a copy of those rules, regulations and policies that are made or altered by sale or otherwise, in whole or in part at any the Company from time to time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in . In addition, the ordinary and customary functions Company will provide the Local Chairperson with reasonable advance notice on the establishment of managementnew rules or on amendments to current rules. The Local Chairperson will be given an opportunity to discuss these matters with the Company prior to the Company putting into effect any rule or any amendment to rule. The Local Chairperson shall seek discussion as early as possible so that there will not be any unreasonable delay before rules or amendments to rules are implemented. (e) Employees who have three [3] “at fault” vehicle accidents in any twenty-four [24] month period may be terminated. Except in cases of an employee, all without hindrance who has consumed alcohol within [8] eight hours prior to driving, or interference proven dishonesty, the Company agrees that no employee shall be dismissed by the Company until a fair and impartial hearing has been held. At any such hearing, an employee shall be entitled to be represented by a Representative of the Union. The Company agrees to give prior notice to a member of the Union except Committee in the event it contemplates the dismissal of an employee. Nothing in this Article shall, however, deprive an employee of exercising his full rights under the grievance procedure as specifically abridgedset out in this Agreement; (f) When the nature of the alleged offence is one in which dismissal is contemplated, altered or modified an employee may be held out of service for investigation of any charge against him/her for a period no longer than three [3] working days without the holding of a hearing by the express terms Company concerning such matters, and the employee must be notified at least one [1] working day in advance of this Agreement. The provisions of this Agreement do not prohibit such hearing, and the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees Local Chairperson shall not customarily do bargaining unit work. The selection of supervisory personnel shall also be the sole responsibility advised one [1] day in advance of the Employer and hearing. (g) Failure to grieve previous discipline, or to pursue such a grievance to arbitration, shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of considered an admission that such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtydiscipline was justified.

MANAGEMENT RIGHTS. 5.1 The Employer retains Union recognizes that it is the exclusive right of the Employer to manage the business, to direct, control and schedule its operations and work force affairs and to make any direct the workforce and, unless this Agreement specifically and all decisions affecting expressly provides otherwise and without restricting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision generality of this Agreement. Such prerogatives shall include, but not be limited tothe foregoing, the sole Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order and exclusive rights to: Hireefficiency; (b) hire, determine qualifications, assign work, schedule work, promote, demote, layofftransfer, assignlay off, transferdetermine hours of work, discipline, suspend, or discharge for just cause any Employee covered by this Agreement; (c) make and discipline employees alter, from time to time, rules and set incentive plans for employees; determine employee benefits; determine overtime rules; select regulations to be observed by Employees, which rules and regulations shall not be inconsistent with the express provisions of this Agreement and any changes to such rules and regulations shall, except in the case of an emergency, be first discussed at a meeting of the Joint Committee; (d) determine the number nature and kind of its employees, including services to be provided by the number assigned to any particular work or work unit; to increase or decrease that number; direct Employer and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, equipment, materials and operations staffing requirements to be utilized used in providing these services; and (e) study or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless to determine the standard and quality of whether care to be provided, to determine schedules of work, the extension, limitation, curtailment or not the same cause a reduction cessation of operations in the working force; establishwhole or in part, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performancesubject to this Agreement to contract out work, and methods of evaluation all other matters concerning the operation of the employees, and Employer's services not specifically restricted in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. . 5.2 The Employer shall maintain agrees that it will not exercise its rights in a manner which is capricious, malicious or biased. (a) The Employer agrees, during the wages of workers covered by this Agreement, as of the effective date term of this Agreement, unless explicitly modified not to contract out services presently provided by Employees in the terms bargaining unit until the Union has been advised of the intent and consulted as per this or any subsequent Agreement. . (b) The Employer will make reasonable efforts where work is contracted out to obtain positions with the contractor for Employees whose work is contracted out. (c) An Employee who indicates they would like the option to return to their employment with the Employer within thirty (30) days of the proposed contracting out shall have the unilateral right be given three (3) months to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change return to the Union and an opportunity to meet and discuss the changes bargaining unit after they commence employment with the Employer, if requested contractor. (d) The Employer agrees to be bound by Section 31 of the Trade Union within thirtyAct. 5.4 The parties acknowledge that some positions in the bargaining unit will be funded by external sources (including fund-raising) or agencies and all employees working in these positions will be Board positions and awarded in accordance with this Agreement.

MANAGEMENT RIGHTS. The Employer retains shall retain the exclusive sole right and authority to manage operate and direct the businessaffairs of the Employer, including the Fire Department, in all its various aspects consistent with authority granted to directit under the Constitution and laws of the United States of America and State of Illinois. All of the rights, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereinfunctions, and whether prerogatives of management, which the Employer had prior to entering into this Agreement, are reserved and retained exclusively to the Employer. In no event shall any right, function or not heretofore exercised. Except as prerogative of the Employer ever be deemed or construed to have been modified, diminished or impaired by any past practice or course of conduct, negotiations or bargaining proposals, or otherwise, unless expressly modified or restricted by a specific provision made part of this Agreement. Such prerogatives shall includeSpecifically, but without limiting the generality of the foregoing, it is distinctly understood and agreed that this Agreement does not affect and shall not be limited todeemed or construed to impair or limit in any way the Employer's right in its sole discretion and judgment to determine matters of inherent managerial policy, the sole functions of the employer, its mission including the nature, extent, and exclusive rights to: Hirestandards of service offered to the public, its overall budget, the organizational structure and selection of new employees, and examination techniques, and to direct or reassign the working force or any individual therein; to plan, direct, control, subcontract, and determine the operations or service to be conducted in or at the Fire Department or by the employees of the Village; to meet and confer with Employees directly, either individually or collectively; to schedule, assign, and transfer Employees; to hire, promote, demote, layoff, assign, transfer, suspend, discipline or discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number or relieve Employees due to lack of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methodsshortage of budgeted funds, procedures, materials and operations to be utilized or other legitimate reasons; or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post make and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered modified or modified limited by the express terms of federal or state law or this Agreement. The provisions of Employer retains all prerogatives, rights, and powers, including its right to take any action mandated by state law, and nothing in this Agreement do not shall prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyaction.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union acknowledges and agrees the exclusive right Company shall continue to reserve all the rights, power and authority to manage the business, to direct, control its plant and schedule its operations and work force business and to make any and all decisions affecting direct the business, whether working forces except as otherwise abridged or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted surrendered by a specific provision the expressed provisions of this Agreement. Such prerogatives Without restricting the generality of the foregoing, the exercise of such rights by the Company shall include, include but not be limited to: a) The right to maintain order, the sole discipline and exclusive rights to: Hireefficiency. b) The right to hire, direct, promote, demote, layoffdismiss, assignclassify, transfer, suspendlayoff, discharge recall and suspend or otherwise discipline employees except that a claim by an employee that he has been dismissed or disciplined without reasonable cause or improperly classified, transferred, laid-off or recalled may be the subject of a grievance and set incentive plans for employees; determine employee benefits; determine overtime dealt with in accordance with the grievance settlement procedure. c) The right to make, enforce, and revise from time to time reasonable rules and regulations relating to the discipline, the general conduct of employees and reasonable safety rules; select and determine the number of its employees, including the number assigned . d) The right to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation extent of the business by sale operations and their commencement, expansion, reduction or otherwisediscontinuance, in whole or in part at any the number of personnel required from time to time; subcontract bargaining-unit , the standards of performance of employees, the schedules of work, determine including the schedules of overtime work to be performed, schedules of vacations, the services to be performed and methods, procedures, machinery and equipment in connection therewith, the engineering and designing of products, the control of materials and operations parts to be utilized or to discontinue their use; transfer or relocate any or all of incorporated in the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned products to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performanceproduced, and methods the subcontracting of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection Company agrees that contracting out or in of supervisory personnel shall be any work will not result in the sole responsibility lay-off, or in the prevention of recall from lay-off, of any of it’s employees subject always to the Employer provisions that: i) such work is normally performed by bargaining unit members (employees); ii) the employees have the skill, abilities and shall qualifications to perform such work; iii) machine tools are available to perform such work; and iv) the Company’s customer requirements. The Company will endeavour to meet with and inform the Local Unit President, in as timely a manner as is practicable in the circumstances, of its intentions regarding the contracting out or in of any such work. 4.02 The Company agrees that these functions will not be subject to exercised in a manner inconsistent with the grievance and arbitration express provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 5.01 The Employer retains Union acknowledges and recognizes that it is the exclusive right function of the Employer to operate and manage the business, to direct, control and schedule its operations and work force business and to make any direct its working force in accordance with its obligations, commitments and all decisions affecting the business, whether or not responsibilities except as specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted limited by a specific an express provision of this Agreement. Such prerogatives shall include, but not be limited toWithout restricting the generality of the foregoing, the sole Union acknowledges that it is the exclusive function of the Employer to: (a) Maintain order, discipline and exclusive rights to: Hireefficiency and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees, discipline or discharge employees for just cause provided that a claim by an employee that has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided. The Employer agrees to notify employees of changes and shall provide to each employee an up to date copy of any amended rules, regulations or policies which the Employer intends to rely upon, prior to implementing any changes. (b) Select, hire and direct the employees; to transfer, assign, promote, demoteschedule and classify, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for layoff or recall employees; to plan, direct and manage its operations. (c) Determine the location and extent of its operations and their commencement, expansion, curtailment or discontinuance; the work to be done; the services to be rendered, the standards of performance; whether to perform or contract for services; the scheduling of work; to determine employee benefitsthe hours of work; determine overtime rules; select and determine to pick the number of its employees, including the number assigned shifts; to any particular subcontract or transfer work or work unitservices; to increase determine the size or decrease that number; direct and schedule composition of the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation direction of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine change or abolish job classificationsclassification; transfer employeesto shut down permanently or by day or week or for any other periods; to determine methods of pay and/or methods, either temporarily process and means of performing work or permanently, within programs and/or job classificationsproviding services; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, efficiency and quality of work; job content and requirements; the use of improved or changed methods of evaluation delivering services; the number of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference employees needed by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing at any person not covered by this Agreement from performing time and how many shall work in any task. The Employer, therefore, has job; and generally the right to schedule manage the enterprise and its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be business are solely and exclusively the sole responsibility right of the Employer. 5.02 The Employer and shall not be subject to agrees that it will exercise its functions in a manner that is consistent with the grievance and arbitration provisions of this Agreement. The foregoing statement Failure by the Employer to exercise any of the its management rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in considered to be an abandonment of those rights. 5.03 There shall be no verbal or written agreements between the Employer and any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as member of the effective date of this AgreementBargaining Unit, unless explicitly modified by which may conflict with the terms of this or any subsequent Collective Agreement. . 5.04 The Employer shall have agrees not to contract out any work normally performed by members of the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the EmployerBargaining Unit, if requested by as a result of the Union within thirtycontracting out, a lay off of a Bargaining Unit member occurs.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the businessUnless clearly and specifically relinquished, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered limited by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested through its Fire Chief, Town Administrator, Board of Selectmen and/or other appropriate officials as may be authorized or designated to act on its behalf, retains all the rights and prerogatives of municipal management established either by law, including M.G. L. c. 48, § 42, the Medfield Fire Department Rules and Regulations, practice, precedent or other means to manage and control the Fire Department and its employees. The existing Medfield Fire Department Rules and Regulations shall remain in effect to the extent that they do not expressly conflict with any specific provisions of this agreement; provided the union waives no rights pursuant to M.G.L. c. 150E. By way of example but not limitation, management retains the following rights:  To enforce existing rules, regulations, policies and procedures, amend or supplement them;  To add to or eliminate departments, increase or decrease the number of jobs, including abolishing positions;  To determine the mission, budget, and policy of the Department;  To determine the organization of the Department, the number of employees, the positions needed, the work functions to be performed and the technology required to perform them;  To manage and direct employees of the Department, including determining and implementing personnel policies;  To determine the numbers, types, grades/ranks of positions or employees assigned to the Department, work project or shift or to any location, vehicle, building, station, facility or task;  To hire outside contractors to provide Fire Department services; however, the Town will not hire outside contractors to perform any service that, as of June 30, 2007, is performed solely by the Union within members of the bargaining unit;  To hire employees, including determining initial step placement, up to Step Three (3) based on prior experience or other special qualifications related to the position;  To assign, including shift and group assignment and the number assigned, to reassign and transfer employees; generally, there will be advance notice of 30 (thirty) calendar days for re-assignment to a different shift or group, but a shorter notice period is sufficient if the Chief determines that it is necessary to the efficient operation of the Department;  To promote employees, provided that the promotion procedure will include an interview and written examination;

MANAGEMENT RIGHTS. The (a) Except as specifically limited herein, the Employer retains shall have the exclusive right to manage administer the businessbusiness of the City and its Departments in addition to all other functions and responsibilities which are required by law. Specifically, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall Employer’s exclusive management rights include, but are not be limited to, the sole following: (1) To manage and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of direct its employees, including the number assigned right to any particular work or work unit; to increase or decrease that number; direct select, hire, promote, transfer, assign, evaluate, retain, layoff and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized recall or to discontinue their use; transfer reprimand, suspend, discharge, or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post discipline for just cause; (2) To promulgate and enforce employment rules and regulations governing and to otherwise exercise the conduct prerogatives of management; (3) To manage and acts determine the location, type and number of employees during working hours; require that duties other than those normally assigned physical facilities, equipment, programs and the work services to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch ; (4) To determine the goals, objectives, programs and services of operation with any consequent reduction or other change the Departments and to utilize both internal and external personnel in a manner designed to effectively meet these purposes; (5) To determine the size, composition and duties of the work force; introduce new , the number of shifts required, to establish work schedules, to establish hours of work, and to determine staffing patterns, including, but not limited to, the assignment of employees, duties to be performed, qualifications required and areas worked. To establish, modify, consolidate or improved methods abolish jobs (or facilities, regardless of whether or not classifications) only after meeting and discussing the same cause with affected Union Representatives; (6) To reduce the work force due to the lack of work, lack of funds or for other legitimate reasons which improve the economy or efficiency of the Departments; (7) To determine when a reduction in job vacancy exists, the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, quality and methods performance to be maintained; (8) To determine the necessity to schedule overtime and the amount required thereof; (9) To maintain the security of evaluation records and other pertinent information; (10) To determine the overall budget; (11) To maintain and improve the efficiency and effectiveness of the employees, Employer’s operation; and (12) To determine and implement necessary actions in emergency situations. (b) The Union recognizes and accepts that all respect carryout, in addition, the ordinary rights and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility responsibilities of the Employer not expressly restricted or modified herein and as permitted by law shall not be subject to remain the grievance and arbitration provisions of this Agreement. The foregoing statement function of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union recognizes that ALSO is a registered non-profit charitable organization and a transfer payment agency with programs funded by a variety of sources and organizations including various Ministries of the Province of Ontario. It is understood and agreed by the Union that all programs of ALSO are subject to the availability of funding and the statutes, regulations and guidelines established by the various organizations and Ministries of the Province of Ontario. 4.02 The Union acknowledges that the management and direction of the work place and all management rights are vested exclusively with the Employer, and without limiting the generality of the foregoing, it is the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwiseEmployer, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or agreement to: (a) determine and establish standards and procedures for the care, welfare, safety and comfort of the consumers of ALSO, and to plan, direct and control the work of the employees and the operations of ALSO; (b) maintain order, discipline, efficiency, and in connection therewith, to establish and enforce reasonable rules and regulations to be observed by the employees provided that they are not inconsistent with the terms of this agreement. The employer will provide written notice to the Union Chairperson no less than fourteen (14) calendar days prior to the effective date of implementation of any subsequent Agreementnew and/or amended ALSO organizational policies, procedures, rules and/or regulations. The Employer shall have will also notify the unilateral right members of the bargaining unit at least ten (10) working days prior to modify the terms effective date of implementation of any new and/or amended ALSO organizational policies, procedures, rules and/or regulation. The parties acknowledge that health and safety or conditions the provision of employment services will not be compromised in order to satisfy these notice requirements. (c) hire, direct, recall, promote, demote, classify, assign duties, layoff, discharge, suspend, or otherwise discipline employees for just cause, provided that a claim of covered workersdiscriminatory transfer, which are not assignment of duties, promotion, demotion or classification or a claim that an employee who has completed probation has been discharged or disciplined without just cause may be the subject of explicit terms a grievance and as dealt with hereinafter provided; (d) generally manage all ALSO programs and all enterprises in which the Employer is engaged in, in all respects and in accordance with its obligations, and without restricting the generality of the foregoing, the location of machines and equipment to be used, qualifications of the employees, the assignment of work and the assignment of overtime, work, locations of its enterprises, the sub-contracting of work, the extension, limitations, curtailment or cessation of operations, schedules of work and vacation, reasonable standards of performance of all employees, and all other matters concerning the Employer’s operation not otherwise specifically dealt with elsewhere in the agreement. 4.03 It is specifically understood that the Employer will maintain any rights and policies that they had prior to the ratification of this Agreement agreement, except as modified or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested amended by the Union within thirtyterms and conditions of this Agreement.

MANAGEMENT RIGHTS. The Union acknowledges that all management rights are vested exclusively with the Employer retains and without limiting the generality of the foregoing, it is the exclusive right of the Employer: (a) to manage the business, to direct, control determine and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited toestablish job content, the sole work to be done, the schedule and exclusive rights to: Hirethe standards and procedures for the performance of such work, the number of employees required and the duties to be performed by each from time to time; (b) to maintain order, discipline and efficiency and in connection therewith to establish, enforce and alter from time to time rules and regulations to be observed by employees; (c) to hire, transfer, layoff, recall, promote, demote, layoffclassify and assign duties; to discharge, assign, transfer, suspend, discharge and suspend or otherwise discipline employees and set incentive plans for employees; determine who have completed their probationary period, provided that a claim by any employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not they have unjustly been disciplined may be subject to the grievance and arbitration provisions of this Agreementprocedure. The foregoing statement Probationary employees may be discharged at the sole discretion of the rights Employer; (d) to operate and manage its affairs and Retirement Residence in as efficient and economical manner as it sees fit and to plan, direct and control the work of management the employees and the operations of Employer the Retirement Residence. This includes the right to introduce new and improved methods, facilities, equipment, and to control the amount of supervision necessary, combining or splitting up of departments, work schedules, and the increase or reduction of personnel in any particular area or on the whole; (e) to determine: the nature and kind of functions are not all-inclusiveand operations to be conducted by the Employer; the services to be rendered and the method by which such services will be rendered; the kinds and locations of facilities, but indicate equipment, merchandise, goods, fixtures to be used, the type of matters or rights, which belong resident services to be carried on; and are inherent in management the control of materials and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtygoods.

MANAGEMENT RIGHTS. SECTION 23.1 The Employer retains Union and its members recognize and agree that the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, City has the sole and exclusive rights right to operate and manage any and all of its operations, including its Fire-Rescue Department. Accordingly, but not by way of limitation, the City specifically reserves the sole and exclusive right(s) to: Hire, promote: (A) decide the scope of service to be performed and the method of service; (B) hire and/or otherwise determine the criteria and standards of selection for employment; (C) fire, demote, layoff, assign, transfer, suspend, discharge suspend or otherwise discipline for just cause; (D) promote and/or otherwise establish the criteria and/or procedure for promotions within and discipline without the bargaining unit subject only to contrary provisions contained in this Agreement covering the issue of promotion; (E) transfer employees from location to location and set incentive plans for from time to time; (F) lay off and/or relieve employees from duty due to lack of work or any other legitimate reason; (G) rehire employees; ; (H) determine employee benefits; determine overtime rules; select the starting and determine quitting time and the number of its employees, hours and shifts to be worked including the number assigned need for overtime work, subject only to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; contrary provisions in this Agreement; (I) determine the location allocation and type content of operation; determine and schedule when overtime shall be worked; install job classifications; (J) formulate and/or amend job descriptions; (K) merge, consolidate, expand, curtail or remove equipment; discontinue the operation of the business by sale operations, temporarily or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwisepermanently, in whole or in part, at whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable; (L) contract and/or subcontract any time; existing or future work for any reason so long as it is not motivated by anti-union animus; (M) expand, reduce, alter, combine, assign, or cease any job; (N) determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; (O) control the use of equipment and property by the City; (P) determine the number, location, and operation of headquarters, annexes, substations and/or divisions thereof; (Q) schedule and assign the work duties to the employees and determine the size and composition of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; ; (R) determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved methods or facilitiesservices, regardless of whether or not maintenance procedures, materials, facilities and equipment; (S) take whatever action may be necessary to carry out the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, mission and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer City, and shall not be subject specifically the Fire-Rescue Department, in unusual and/or emergency situations; (T) formulate, amend, revise and implement policy, procedures and rules and regulations, provided however, that such formulation, amendment, revision and/or implementation is neither arbitrary nor capricious; (U) establish, amend, revise and implement any programs and/or procedures; (V) require employees to observe and obey the grievance City's and arbitration provisions of this Agreement. Fire-Rescue Department's policies, procedures, ordinances, resolutions, rules and regulations. SECTION 23.2 The foregoing statement above rights of the rights of management and of Employer functions City are not all-inclusive, all inclusive but indicate the type of matters or rights, rights which belong to and are inherent in management the City in its general capacity as management. Any of the rights, powers, and shall not be construed in any way authority that the City had prior to exclude other Employer functions not entering into this Agreement are retained by the City, except as specifically enumerated. The Employer shall maintain the wages of workers covered abridged, delegated, granted or modified by this Agreement. SECTION 23.3 The Union and the City jointly recognize the need to perform maximum fire service at minimum cost, as and the difficult problem facing the Fire- Rescue Department in attaining this, and hereby agree that in the best interest of both, that the employees of the effective date of this AgreementFire-Rescue Department will be best served by attaining maximum efficiency and productivity. Therefore, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyparties hereto agree

MANAGEMENT RIGHTS. 4.1 It is understood that the Employer retains its rights to manage personnel and operate its departments except as may be limited by an express provision of this Agreement. The Union agrees that the Employer’s core management rights include, but are not limited to, the following matters: A. The right to establish verbal and/or written work rules, regulations, policies and procedures, as well as to modify, verbally and in writing, work rules, regulations, policies and procedures. The Employer retains will notify the exclusive affected employees of the changes 10 days prior to the effective date. B. The right to manage schedule any and all work and overtime work, and the businessmethods and processes by which said work is to be performed in a manner most advantageous to the Employer; C. The right to hire, fill or not fill vacancies, transfer and promote employees as deemed necessary by the Employer; D. The right to directdiscipline, control suspend without pay, demote and schedule its operations and work force and terminate an employee for just cause; E. The right to make any and all decisions affecting determinations as to the businesssize and composition of the work force; F. The right to make any and all assignments for employees to work locations and shifts; G. The right to establish qualifications and to design the content of each job description and add new sections; H. The right to establish work and performance standards and to change those standards. Such standards may be used to determine acceptable performance levels, prepare work schedules and measure the performance of employees. I. Other duties assigned that are closely related to the job description will nevertheless be performed by the employee when requested by the Employer; J. The right to implement new and/or different work procedures for efficient and productive services to the public. Prior notice will be provided to the affected employees; K. The right to take any and all types of actions as may be determined by management to be necessary in the event of emergencies. The Employer shall determine whether or not specifically mentioned hereinan emergency exists, using the definition of Article 13. X. The right to determine the budget at all times; M. The Employer has the right to introduce any and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includeall new, but not be limited toimproved and automated methods and/or equipment to improve efficiency and to reduce costs; N. The Employer has the right to plan, the sole and exclusive rights to: Hiredirect, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select control and determine all operations and services, as well as to close or liquidate an office, branch, operation or facility or combination of facilities, or to relocate, reorganize or combine the number work of its employeesdivisions, including the number assigned offices, branches, operations or facilities; O. The right to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall services to be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, transacted; P. The right to determine the methods, procedures, materials and operations equipment to be utilized or used for any and all services; Q. The right to discontinue their use; transfer or relocate any or all fix standards of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue ; R. The right to lay off employees for lack of work, lack of funds, reorganization and/or change of City services by classification when the Employer determines such action to be necessary. 4.2 Nothing in this Agreement shall be interpreted to limit or reorganize restrict the Employer’s rights, obligations, and methodologies of providing services to the public. 4.3 If the Employer seeks to make changes to mandatory subjects of bargaining that are not waived by the management rights in this article or combine any department or branch of operation with any consequent reduction or other change addressed in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in additionlabor agreement, the ordinary Employer and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by recognize the express terms of this Agreement. mutual duty to bargain. 4.4 The provisions of this Agreement do Article are not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions procedure but the parties recognize that matters of this Agreement. The foregoing statement of disagreement regarding the rights of management and of Employer functions duty to bargain are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall RCW 41.56 and both parties have the unilateral right to modify adjudicate the terms or conditions of employment of covered workers, which are not disagreement through the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyPublic Employment Relations Commission.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not 4.01 Except where specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement, the Union acknowledges that all Management rights and prerogatives are vested exclusively with the Employer. The Employer shall have has the unilateral exclusive right to modify the terms or conditions of employment of covered workersmanage and direct its operations and affairs in all respects. These rights and functions shall include, which but are not limited to: a) to determine and establish standards and procedures for the service, care, welfare, safety and comfort of the clients of the Employer; b) to maintain order, discipline and efficiency, and to make, alter, and enforce reasonable rules and regulations to be observed by employees. Such rules will be made available to all employees and to the Union. The Employer reserves the right to introduce new rules from time to time, copies of which will be also be made available to all employees and the Union. c) to hire, classify, promote, demote, transfer, layoff, recall, direct assign duties, discharge, suspend or otherwise discipline employees who have completed their probationary period for just cause; provided that a claim of discriminatory transfer, promotion, demotion of classification, or a claim that an employee who has completed his probationary period, has been discharged, suspended or disciplined without just cause, may be the subject of explicit terms a grievance and dealt with as hereinafter provided. The discharge of this Agreement or any subsequent Agreementa probationary employee shall be at the sole discretion of the Employer. d) generally, after notice to manage the business and, without restricting the generality of such change the foregoing, the services to be rendered, the Union methods, the work procedures, the kinds and an opportunity locations of machines, tools, instruments and equipment to meet be used; to select, control and discuss direct the changes with use of all materials required in the operation of the Employer that are in the interest of the safety and well-being of the Employer, if requested by residents, employees and the Union within thirtypublic. e) The Employer agrees not to exercise its rights in a manner inconsistent with the express provisions of the collective agreement.

MANAGEMENT RIGHTS. 8.1 The Employer retains Company shall at all times, subject to the exclusive provisions of this Agreement and the law, retain the sole right to manage its business and direct the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeesworking force, including the rights to decide the number assigned and location of plants, the equipment incidental to any particular work or work unitoperation, the products to be manufactured, the method of manufacture, and the scheduling of production; to increase determine whether and to what extent the work required in its business shall be performed by employees covered by this Agreement; the right to lease or decrease that numberto sublease; direct the right to expand, sell, subcontract, move, establish new operations, transfer and/or terminate all or part of its operations; the right to establish and/or change hours of work including number of hours worked and/or work schedules; the right to select, hire and schedule the workforce; layoff employees and/or to determine the location size, content, and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation composition of the business by sale required jobs within the Plants, including the right to set job requirements and judge performance; to cross-train employees; to reassign job tasks between employees without changing job classifications; to transfer employees and/or work between departments and classifications and to eliminate or otherwisecreate new jobs; to determine the levels of productivity, in whole quality and efficiency; the right to discipline, suspend or in part at discharge employees with just cause; the right to change or introduce any timenew or improved methods, materials, equipment or facilities; subcontract bargaining-unit work, the right to promote; the right to initiate and/or discontinue employee recognition programs; the right to determine the methods, procedures, materials techniques and operations types of work or service to be utilized performed, not performed, or work or service to discontinue their usebe subcontracted; transfer or relocate any or all of and the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post right to make and enforce reasonable rules and regulations governing as the conduct Company may consider necessary for the operation of its business. The exercise of management rights in this Article is not subject to Grievance and acts of employees during working hours; require that duties other than those normally assigned Arbitration under Article 21. 8.2 The Company shall have the right to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change establish, implement and maintain a Drug Abuse Prevention and Alcohol Misuse Prevention Program. The program is described in Appendix D. 8.3 The management right involving the right to determine whether and to what extent the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction required in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference its business shall be performed by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not employees covered by this Agreement from performing any task. The Employer, therefore, has is not intended to reduce the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility size of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtybargaining unit.

MANAGEMENT RIGHTS. 6.1 The Union acknowledges that all management rights are vested exclusively with the Employer retains and without limiting the generality of the foregoing, it is the exclusive right of the Employer: (a) to manage the business, to direct, control determine and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited toestablish job content, the sole work to be done, the schedule and exclusive rights to: Hirethe standards and procedures for the performance of such work, the number of employees required and the duties to be performed by each from time to time; (b) to maintain order, discipline and efficiency and in connection therewith to establish, enforce and alter from time to time rules and regulations to be observed by employees; (c) to hire, transfer, layoff, recall, promote, demote, layoffclassify and assign duties; to discharge, assign, transfer, suspend, discharge and suspend or otherwise discipline employees and set incentive plans for employees; determine who have completed their probationary period, provided that a claim by any employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not they have unjustly been disciplined may be subject to the grievance and arbitration provisions of this Agreementprocedure. The foregoing statement Probationary employees may be discharged at the sole discretion of the rights Employer; (d) to operate and manage its affairs and Retirement Residence in as efficient and economical manner as it sees fit and to plan, direct and control the work of management the employees and the operations of Employer the Retirement Residence. This includes the right to introduce new and improved methods, facilities, equipment, and to control the amount of supervision necessary, combining or splitting up of departments, work schedules, and the increase or reduction of personnel in any particular area or on the whole; (e) to determine: the nature and kind of functions are not all-inclusiveand operations to be conducted by the Employer; the services to be rendered and the method by which such services will be rendered; the kinds and locations of facilities, but indicate equipment, merchandise, goods, fixtures to be used, the type of matters or rights, which belong resident services to be carried on; and are inherent in management the control of materials and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtygoods.

MANAGEMENT RIGHTS. The A. It is expressly agreed that all rights and prerogatives, which ordinarily vest in and have been exercised by the Employer, except those who are clearly and expressly relinquished herein by the Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer retains without prior negotiations with the exclusive right Association either as to manage the business, taking of action under such rights or with respect to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision consequence of such action during the term of this Agreement. Such prerogatives rights shall include, but by way of illustration and not be limited toby way of limitation, the sole right to: 1. Continue its rights, policies and exclusive rights to: Hirepractices of assignment and direction of its personnel, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeespersonnel, and scheduling of all the foregoing. 2. The right to establish, modify, or change any work or business or school hours or days. 3. The right to direct the working forces, including the number assigned right to any particular hire, promote, transfer, discipline, and/or reassign employees, assign work or duties to employees, provided that the work unit; and/or duties are reasonably related to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit workemployee's classification, determine the size of the work force, and to lay off employees. 4. Determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of distribution, disseminating, and/or selling its services, methods, proceduresschedules, materials and operations to be utilized standards of operation, the means, methods and processes of carrying on the work, and the institution of new and/or improved methods or to discontinue their use; transfer changes therein. 5. Adopt rules and regulations. 6. Determine the qualifications of employees. 7. Determine the number and location or relocate any relocation of its facilities, including the establishment or all 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. B. The policymaking functions rest exclusively with the Board. C. All of the operations by sale or otherwiseabove items shall not be in conflict with the specific provisions of this Agreement. D. It is recognized that previously adopted Board policies, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce administrative rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of past operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person procedures not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees contract shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent continue in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyeffect.

MANAGEMENT RIGHTS. 4.01 The Union recognizes that the management of the Employer retains and directions of its workforce are fixed exclusively in the Employer. Without restricting the generality of the foregoing, and subject to the terms of the collective agreement the Union acknowledges that it is the exclusive right to of the Employer to: a) operate and manage the businessits affairs in an as efficient and economic manner as it sees fit; b) hire, to assign, direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assignclassify, transfer, suspendxxxxxx and recall Employees; c) discipline or discharge non-probationary Employees for just cause; d) discipline or discharge a probationary Employee for any reason satisfactory to the Employer, discharge provided the Employer does not act in bad faith or for discriminatory reasons; e) Establish and discipline employees administer tests for the purpose of assisting the Employer in determining Employee qualifications, and/or fitness to work, including medical examinations by independent qualified physicians or medical specialists where appropriate; f) Determine the nature and set incentive plans kind of business to be conducted by the Employer; the services to be rendered and the method by which such services will be rendered; g) Identify the need for employeestraining, including recurrent training, and assign such training to Employees as the Employer sees fit; h) Determine whether to perform work or services or have work or services performed by others; i) Determine the schedules of operations; determine employee benefitsnumber of shifts; determine overtime rulesthe schedules of work; select the number and determine kind of personnel to be employed; the number of its employees, including the number assigned to any particular work or work unithours worked; to increase or decrease that numberstarting and quitting times; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall will be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, reasonable standards of performance; the quantity and quality of services provided by Employees; j) Make enforce and alter from time to time, rules, regulations, policies, and methods of evaluation procedures to be observed by Employees; and k) Implement changes to jobs, job content or job assignments. 4.02 The management of the employees, Employer’s operation and in the selection and direction of all respect carryout, in addition, Employees shall continue to be vested with the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not except where specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified abridged by the terms of this Collective Agreement. 4.03 The Union also acknowledges the Employers right to operate and manage its business in accordance with its commitments, responsibilities and contractual obligations to its clients. 4.04 Duties normally performed by employees within the bargaining unit will not be assigned to non- bargaining unit personnel except in case of emergency, or any subsequent Agreementwhen regular bargaining unit employees are not available due to illness and cannot be covered due to lack of casual employees, or the inability to recruit regular and / or casual employees. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to will inform the Union and an opportunity to meet and discuss once per month of those situations where exempt personnel performed bargaining unit work. Contracting Out – Work presently performed by employees in the changes with the Employer, if requested bargaining unit shall not be contracted out by the Union within thirtyEmployer when the result would be a layoff of bargaining unit employees. 4.05 With the concurrence of the Employee, the Employer may appoint an Employee to a position outside the bargaining unit on an acting basis. The duration of any such acting position will not exceed one (1) year unless approval is obtained from both the Employee and the Union. When acting in an excluded position, the Employee will be paid the rate of pay specified for that position. Any Employee who accepts the aforementioned position will maintain their seniority rights and continue to accrue seniority provided that the Employee continues paying union dues.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted may be limited by a specific an express provision of this Agreement, and applicable Federal law,all rights to manage the facilities and direct the working forces are vested exclusively in the Employer. Such prerogatives shall This Article is to be interpreted broadly and is intended as a clear and unmistakable waiver of the subject matters identified. The management rights as to which the Employer may so act include, but are not limited to: determining its services, methods for delivering services, operations; the right to discontinue or transfer processes, services, or operations; to sell or lease the business free of the liabilities of this Agreement; to introduce new or different methods, processes, procedures, technological changes, equipment or facilities; to automate job functions or duties, to determine, or redetermine, the methods, processes, equipment, and materials to be employed; to subcontract work; to hire or contract for temporary employees to perform work, to establish or continue policies, practices, or procedures; to establish, modify and enforce reasonable rules and regulations on any matter whatsoever, including, but not limited to, employee conduct, discipline, and safety policies and procedures, as well as work activities, and to amend and revise current policies, rules, and regulations without first having tobargain with the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employeesunion to impasse or agreement; determine employee benefits; determine overtime rules; to select and to determine the number of its employees, including and typesof employees required; to determine or redetermine the number assigned to any particular work or work unitand kinds of classifications required; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the assign work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement in accordance with the requirements determined by management; to establish and change work schedules, shifts, duties and assignments; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from performing duty; to establish wage rates for new or changed classifications or positions; to establish work or performance standards; to shut down for any task. The Employerreason necessary; to suspend, thereforedischarge, has the right or otherwise discipline employees for nondiscriminatory, legitimate reasons;to fix standards of quality and quantity for work to schedule its non-bargaining unit employees at be done; to determine job content; to discontinue and modify past practices of any timenature; howeverto alter, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility rearrange, combine and/or eliminatejobs, positions, job classifications or descriptions and to take whatever action is necessary to carry out any functions of the Employer in order to promote efficiency, order, and shall productivity. All matters not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms language of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested shall be administered by the Union within thirtyHospital on a unilateral basis in accordance with such policies and procedures as it from time to time shall determine.

MANAGEMENT RIGHTS. 4.01 The Union recognizes and acknowledges that the Management of the operation and direction of the working forces are fixed exclusively in the Employer retains and, without restricting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer and its management. a) To maintain order, discipline and efficiency; to make, alter, and enforce, from time-to-time, rules and regulations, policies and practices to be observed by its employees; to discipline and discharge employees; it being understood and agreed that changes will be brought to the attention of and discussion will take place with the Union Committee prior to implementation thereof. b) To selection, hire, to transfer, assign, promote, demote, classify, lay-off, recall and retire employees at age sixty-five (65); to plan, direct and control operations; to select and retain employees for positions excluded from the bargaining unit. c) To operate and manage the business in order to satisfy its commitments and responsibilities; the right to determine the extension, limitation, curtailment or cessation of operations or any part thereof; the right to determine the nature and kind of business conducted by the Employer, the sub-contracting of work, the kinds and locations of operation, equipment, and materials to be used, products, materials, services and/or equipment purchased and/or leased, the control of materials, the methods and techniques of work, the content of jobs, the scheduling of operations, and quantity and quality of production; the right to create or alter job classifications from time-to-time; the right to use improved methods, machinery and equipment; the right to decide on the number of employees needed by the Employer at any time; the hours to be worked; starting and quitting times, except that these times will not be arbitrarily changed; to institute and generally the right to manage the businessenterprise and business are solely and exclusively the right of the Employer, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not except only as may be specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted limited by a specific an expressed provision of this Agreement. Such prerogatives shall include, but not be limited to, Failure by the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number Employer to exercise any of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and management rights shall not be subject to considered a waiver or abandonment of such rights. The Employer agrees it will not exercise its functions in a manner inconsistent with the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer retains ‌ 4.01 Except, and to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management. There shall be no attempt by either party or an Arbitrator or a Board of Arbitration to read into the provisions of this Agreement a principle or authority whereby the process of collective bargaining has in any way usurped the rights of management. Without limiting the generality of the foregoing, the Company's exclusive right rights, power and authority shall include but shall not be confined to: (a) the right: to manage the businessplan, to direct, control and schedule its operations alter all operations; to designate, establish, revise or discontinue departments, to select and work force retain employees for positions excluded from the bargaining unit, subject to the express terms of the Collective Bargaining Agreement; (b) make, enforce and alter, from time to make time, reasonable rules and regulations to be observed by the employees; hire, transfer, which includes deployment for any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hirereason to an alternative location/site, promote, demote, layoffclassify, assignassign duties, transferlay off, suspendretire, discharge and recall, discharge, suspend or otherwise discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including provided that a claim that an employee who has completed his probationary period has been discharged or disciplined without just cause or has been dealt with contrary to the number assigned provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided; (c) the right: to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type extent of operationthe operations and their commencement, expansion, curtailment or discontinuance; determine the direction of the working forces, the services to be provided; the description of jobs; the subcontracting of work; the schedule of hours of work and schedule when of production; the number of shifts; the requirement of medical examinations at the Company's expense by a physician designated or approved by it; the qualification of employees; the use of improved methods; whether there shall be overtime and who shall perform such work; the number of employees needed by the Company at any time and how many shall work on any job; the number of hours to be worked; install or remove equipment; discontinue the operation of the business by sale or otherwisestarting and quitting time period and generally, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule manage the enterprise and its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be business without interference are solely and exclusively the sole responsibility right of the Employer Company. 4.02 Where the rights, power and shall not be subject to authority itemized above are modified or limited by the grievance terms and arbitration provisions of this Agreement. The foregoing statement of , they shall only be modified or limited to the rights of management extent specifically provided for therein. 4.03 In addition to existing rules and of Employer functions are not all-inclusiveregulations, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right from time to modify time to make such rules and regulations as it may deem necessary and advisable and all employees shall be obliged to comply with such rules and regulations. Prior to the terms implementation of a new rule or conditions of employment of covered workersregulation affecting employees, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice Employer shall notify the Union of such change to the Union new or modified rule or regulation and an opportunity to meet and shall upon request discuss the changes matter with the Employer, if requested by the Union within thirtyUnion.

MANAGEMENT RIGHTS. 4.01 The Employer retains Union acknowledges that the exclusive right to manage Company has all the businessnormal and usual rights of management in running its business in all respects according with its obligation, to directincluding the following: (a) maintain order, control discipline and schedule its operations and work force and to make any and all decisions affecting the businessefficiency; (b) hire, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hiredischarge, promote, demote, layoff, assign, transfer, suspend, discharge and suspend or otherwise discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including provided that a claim for an employee that he has been discharged, disciplined or otherwise unjustly dealt with may be the number assigned subject of a grievance and dealt with in accordance with the Grievance Procedure; (c) generally to any particular work or work unit; manage its business in all respects and in accordance with its obligations, subject to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation provisions of the business Agreement; (d) make and alter from time to time rules, regulations and policies that are just and fair. The Company agrees that it shall provide the Local Chairperson with a copy of those rules, regulations and policies that are made or altered by sale or otherwise, in whole or in part at any the Company from time to time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in . In addition, the ordinary and customary functions Company will provide the Local Chairperson with reasonable advance notice on the establishment of management, all without hindrance new rules or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreementon amendments to current rules. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall Local Chairperson will be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and given an opportunity to meet and discuss the changes these matters with the EmployerCompany prior to the Company putting into effect any rule or any amendment to rule. The Local Chairperson shall seek discussion as early as possible so that there will not be any unreasonable delay before rules or amendments to rules are implemented. (e) Employees who have three [3] “at fault” vehicle accidents in any twenty-four [24] month period may be terminated. (f) except in cases of an employee, if requested who has consumed alcohol within [8] eight hours prior to driving, or proven dishonesty, the Company agrees that no employee shall be dismissed by the Company until a fair and impartial hearing has been held. At any such hearing, an employee shall be entitled to be represented by a Representative of the Union. The Company agrees to give prior notice to a member of the Union within thirtyCommittee in the event it contemplates the dismissal of an employee. Nothing in this Article shall, however, deprive an employee of exercising his full rights under the grievance procedure as set out in this Agreement; (g) When the nature of the alleged offence is one in which dismissal is contemplated, an employee may be held out of service for investigation of any charge against him / her for a period no longer than three [3] working days without the holding of a hearing by the Company concerning such matters, and the employee must be notified at least one [1] working day in advance of such hearing, and the Local Chairperson shall also be advised one [1] day in advance of the hearing.

MANAGEMENT RIGHTS. A. The Employer Company retains all rights not expressly limited by the exclusive specific terms of this Collective Agreement. Among these rights, but not intended as a wholly inclusive list shall be the right to manage the businessplant and direct the workforce; to maintain order; to plan, direct and control plant operations; to directdetermine the means, control methods, processes and schedule schedules of production; to determine the products to be manufactured or processed, and the plant or facility at which they are to be manufactured or processed; to determine the location of it’s plants; to determine the continuance of its operations operating departments; to transfer work temporarily or permanently between plants; to permanently close the plant or any portion thereof during the term of the Collective Agreement; to decide on "make" or "buy" decisions; to determine the number of personnel needed; to determine schedules, shift assignments and hours of work force including overtime; to make and enforce reasonable plant rules and regulations; to make and enforce safety rules; to hire or rehire employees; to assign employees to work and designate the duties of the employees; to change, modify, eliminate or reassign job duties; to install, use and move cameras. Prior to installing and moving cameras the Union will be notified in writing of the locations of the cameras; to contract out work, including, but not limited to, maintenance and construction, or to have such work performed by other Company personnel; to determine the number of shifts; to promote or transfer employees from one job to another; to demote, discipline, suspend or discharge employees for just cause; to layoff or recall employees; to relieve employees from duty because of lack of work or any other legitimate reason; to set the wage rates for newly created jobs; and to make any and all decisions affecting which, in the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision opinion of this Agreement. Such prerogatives shall include, but not be limited tomanagement, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the efficient operation of the business by sale or otherwise, plant requires. B. The Company agrees that it will not exercise its functions in whole or in part at any time; subcontract bargaining-unit work, determine a manner inconsistent with the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The specific provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The EmployerCollective Agreement, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees and an alleged violation thereof shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration procedure. It is understood that the express provisions of this Agreement. The foregoing statement of Collective Agreement constitute the rights of management and of Employer functions are not all-inclusive, but indicate only limitations upon the type of matters or Company's rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 10.01 The Employer retains Union acknowledges that it is the exclusive right and function of the Employer to manage the business, to direct, control and schedule direct its operations and work force affairs in all respects and, without limiting or restricting this right and function: (a) to make any determine and all decisions affecting establish standards and procedures for the businesscare, whether or welfare, safety and comfort of the residents of the Employer; (b) to maintain order, discipline, efficiency and in connection therewith to establish and enforce reasonable rules regulations, policies and practices from time to time to be observed by the employees provided that the rules, regulations, policies and practices shall not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision be inconsistent with the provisions of this Agreement. Such prerogatives shall include; (c) to hire, but not be limited totransfer, the sole and exclusive rights to: Hirelay-off, recall, promote, demote, layoffclassify, assignassign duties, discharge, suspend or otherwise discipline employees who have completed their probationary period for just cause, provided that a claim of discriminatory transfer, suspendpromotion, demotion or classification or a claim that an employee who has completed her probationary period has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. The discharge of a probationary employee shall be solely in the discretion of the Employer provided such discharge is not otherwise arbitrary, discriminatory or in bad faith; (d) to have the right to plan, direct and discipline control the work of the employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select the operations of the Employer. This includes the right to introduce new and determine improved methods, facilities, equipment, and to control the number amount of its employeessupervision necessary, including the number assigned to any particular planning or splitting up of departments, work or work unit; to schedules, and the increase or decrease that numberreduction of personnel in a particular area or overall; direct and schedule and, (e) to exercise the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary regular and customary management functions of managementan Employer except those rights, all without hindrance powers, functions or interference by the Union except as authorities which are specifically abridged, altered abridged or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 8.1 The Employer retains Company shall at all times, subject to the exclusive provisions of this Agreement and the law, retain the sole right to manage its business and direct the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeesworking force, including the rights to decide the number assigned and location of plants, the equipment incidental to any particular work or work unitoperation, the products to be manufactured, the method of manufacture, and the scheduling of production; to increase determine whether and to what extent the work required in its business shall be performed by employees covered by this Agreement; the right to lease or decrease that numberto sublease; direct the right to expand, sell, subcontract, move, establish new operations, transfer and/or terminate all or part of its operations; the right to establish and/or change hours of work including number of hours worked and/or work schedules; the right to select, hire and schedule the workforce; layoff employees and/or to determine the location size, content, and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation composition of the business by sale required jobs within the Plants, including the right to set job requirements and judge performance; to cross-train employees; to reassign job tasks between employees without changing job classifications; to transfer employees and/or work between departments and classifications and to eliminate or otherwisecreate new jobs; to determine the levels of productivity, in whole quality and efficiency; the right to discipline, suspend or in part at discharge employees with just cause; the right to change or introduce any timenew or improved methods, materials, equipment or facilities; subcontract bargaining-unit work, the right to promote; the right to initiate and/or discontinue employee recognition programs; the right to determine the methods, procedures, materials techniques and operations types of work or service to be utilized performed, not performed, or work or service to discontinue their usebe subcontracted; transfer or relocate any or all of and the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post right to make and enforce reasonable rules and regulations governing as the conduct Company may consider necessary for the operation of its business. The exercise of management rights in this Article is not subject to Grievance and acts of employees during working hours; require that duties other than those normally assigned Arbitration under Article 22. 8.2 The Company shall have the right to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change establish, implement and maintain a Drug Abuse Prevention and Alcohol Misuse Prevention Program. The program is described in Appendix D. 8.3 The management right involving the right to determine whether and to what extent the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction required in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference its business shall be performed by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not employees covered by this Agreement from performing any task. The Employer, therefore, has is not intended to reduce the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility size of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtybargaining unit.

MANAGEMENT RIGHTS. The Employer JPA retains all its exclusive rights and authority under State law and JPA ordinances and expressly and exclusively retains its management rights, which include but are not limited to: A. the exclusive right to manage determine the businessmission of its constituent departments, commissions, boards; B. set standards and levels of services; C. determine the procedures and standards of selection for employment and promotions; D. direct its employees; E. determine the methods and means to directrelieve its employees from duty because of lack of work or other lawful reasons; F. maintain the efficiency of governmental operations; G. determine the methods, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereinmeans, and whether or not heretofore exercised. Except as expressly modified or restricted numbers and kinds of persons by a specific provision which government operations are to be conducted; H. determine methods of this Agreement. Such prerogatives shall includefinancing; I. determine style and/or types of JPA-issued equipment to be used; J. determine and/or change the facilities, methods, technology, means, organizational structure and composition of the work force, and allocate and assign work by which the JPA operations are to be conducted; K. determine and/or change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all JPA functions, including, but not be limited to, the sole and exclusive rights to: Hireright to contract for or subcontract any work, promotelabor, demoteservices, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine or operations of the number of its employees, including the number assigned to any particular JPA; L. assign work or work unit; to increase or decrease that number; direct and schedule employees in accordance with requirements as determined by the workforce; determine Authority. The Fire Chief, or the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue Fire Chief’s designee with the operation prior approval of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, thereforeFire Chief, has the right to schedule 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. Local 4403 recognizes that the JPA has, and will continue to retain whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its non-bargaining unit employees at any timemunicipal services and work force performing those services in all respects, subject to this Memorandum of Understanding; provided, however, non-bargaining unit that the exercise of such rights does not preclude employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be or their representatives from conferring or raising grievance about the sole responsibility of the Employer practical consequences that decisions on these matters may have on wages, hours, and shall not be subject to the grievance other terms and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment employment. Nothing in this Management Rights clause modifies the scope of covered workers, which are not representation defined on the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyXxxxxx-Xxxxxx-Xxxxx Act.

MANAGEMENT RIGHTS. 3.01 The Union acknowledges the Employer's rights include but are not limited to the following: a. the right to maintain order, discipline and efficiency; to make, alter and enforce rules, policies and practices to be adhered to by its employees provided such rules, policies and practices are not inconsistent with any of the provisions of this Agreement; b. the right to select, hire and direct the workforce and employees; to transfer, assign, promote, classify, re- classify, layoff, rehire and suspend employees; to select and retain employees for positions excluded from the bargaining unit; c. the right to operate and manage the Employer's business in order to satisfy its commitments and responsibilities, the right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer retains at any time and generally, the exclusive right to manage the businessbusiness of the Employer, to direct, control and schedule its operations and work force and to make any plan, direct and all decisions affecting control the businessoperations of the Employer, whether or not specifically mentioned hereinincluding the workforce, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the without interference. 3.02 The sole and exclusive rights to: Hirejurisdiction over operations, promotebuilding, demotemachinery and equipment shall be vested in the Employer. 3.03 The Employer may contract out work where: a. it does not possess the necessary facilities or equipment; b. it does not have and/or cannot acquire the required manpower; c. it is necessary to complete a project by deadline, but the length of the project does not warrant acquiring additional manpower. Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to do the work are on layoff, assignor if employees qualified to do the work must be laid off, transfertransferred, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine demoted or discharged as the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation result of the business by sale or otherwisesubcontracting out of work. 3.04 The Employer’s subcontractors, in whole or in part at any time; subcontract bargaining-unit workother than dependent subcontractors, determine are not within the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all scope of the operations by sale or otherwise, bargaining unit in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance2.01, and methods of evaluation of the employees, terms and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms conditions of this Agreement. The provisions of this Agreement agreement do not prohibit apply, provided that the Employer from directing any person contracting of work is not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection in violation of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyArticle 3.03.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any any, and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore hereto exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such , the Employer retains such prerogatives shall includeincluding, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employeesjust cause; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, this is to exclude all subjects of bargaining contained within this collective bargaining agreement, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtythirty (30) days of notice of the change. The rights enumerated above shall not be used in an arbitrary and capricious manner.

MANAGEMENT RIGHTS. 5.01 The Employer retains Union acknowledges and recognizes that all matters concerning the exclusive right to manage management of the business, to direct, control and schedule its Employer’s operations and work force and to make any and all decisions affecting the business, whether or not direction of the workforce are fixed exclusively with the Employer except as specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted limited by a specific an express provision of in this Agreement. Such prerogatives shall include, but not be limited toWithout restricting or limiting the generality of the foregoing, the sole Union acknowledges and recognizes that it is the exclusive rights function of the Employer to: Hire: (a) maintain order, discipline and efficiency; (b) hire, classify, transfer, assign, lay-off, recall, promote, demote, layoff, assign, transferincrease or decrease work assignments and determine standards of performance and work assignments; (c) discharge, suspend, discharge and demote or otherwise discipline employees subject to Article 8.01 provided that a complaint by an employee who has acquired seniority has been discharged or disciplined without just cause may be the subject of a grievance and set incentive plans for employees; determine employee benefits; determine overtime rules; select dealt with as hereinafter provided; (d) make, enforce, and determine the number of its employees, including the number assigned alter from time to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce time reasonable rules and regulations governing the conduct of the employees and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference observed by the Union except as specifically abridged, altered or modified by employees which are not inconsistent with the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement Employer agrees to provide the Local Union President with a copy of any new or altered rules or regulations; (e) introduce new and improved facilities and methods to improve the efficiency of the rights of management and of Employer’s operations; and (f) Generally manage the business in which the Employer functions are not all-inclusiveis engaged and, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed without in any way restricting the generality of the foregoing, to exclude other Employer determine in the interests of the highest standards of efficiency, the number of personnel required at any time, the hours of work, starting and quitting times, work assignments, schedules of work, the location of operations, the number of shifts, the services/functions not specifically enumerated. to be performed including the right to plan, direct and control services/functions, facilities, programs, courses, procedures, methods, staffing, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs as well as the methods, procedures and equipment to be used, job content, hygiene standards, the qualifications of an employee to perform any particular work; use improved methods and equipment; schedule overtime, and to conduct the staff performance reviews to evaluate the progress of employees. 5.02 The Employer agrees that such rights shall maintain be exercised in a manner consistent with the wages of workers covered by this Agreement, as of the effective date provisions of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 4:01 The Employer retains Union acknowledges that it is the exclusive right function of the Employer to manage the business, to direct, control and schedule direct its operations and work force and affairs in all respects subject to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision provisions of this Agreement. Such prerogatives shall includeAgreement and, but not be limited towithout limiting or restricting that function: To maintain order, discipline and efficiency; A) To operate and manage the sole Centre in all respects and exclusive rights to: Hirewithout restricting the generality of the foregoing, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and to determine the number of its employeesemployees required, including the work and services to be provided and performed, the methods, processes and work procedures, the kinds, locations and equipment to be used, the number assigned and location of the Employer's establishments and their expansion or curtailment, the direction of the work force, the schedules of operation, the number of shifts, the work standards, the qualifications of an employee to perform any particular work or work unit; to increase or decrease that number; direct and schedule job, the workforce; determine the location number and type of operation; determine hours to be worked, the starting and schedule quitting times and when overtime shall be worked; install or remove equipment; discontinue the operation , job descriptions, development of the business by sale or otherwisenew programs and client service standards; B) To make, in whole or in part at any time; subcontract bargaining-unit workalter, determine the methodsand enforce from time to time reasonable rules and regulations, procedurespolicies and practices, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations observed by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer its employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of which are not inconsistent with the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The Employer will provide an opportunity for Union input in new or changing policies where this is possible; C) To hire, classify, direct, promote, demote, transfer, select, discipline with just cause, suspend, discharge, lay-off and recall employees, assign employees to shifts, to increase and decrease working forces, provided that a claim by a bargaining unit employee who has acquired seniority (other than a temporary or probationary employee) that she has been unjustly discharged may be the subject of a grievance and shall be dealt with as hereinafter provided. 4:02 The foregoing statement enumeration of the management's rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way deemed to exclude other Employer functions not specifically enumeratedset forth. The Employer shall maintain the wages of workers retains all rights not otherwise specifically and expressly covered by in this Agreement. 4:03 Failure by the Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4:04 The Employer agrees it will exercise its rights in a fair and reasonable manner, as of not inconsistent with the effective date provisions of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 3.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management. Without limiting the generality of the foregoing, the Company’s rights shall include: (a) The Employer retains the exclusive right to manage the businessmaintain order, discipline and efficiency, to directmake, alter and enforce, from time to time, reasonable rules and regulations, policies and practices, to be observed by its employees, to discipline and discharge employees for proper cause. Upon the request of the Union within one (1) week of being supplied with a copy of the plant rules or changes, the Company will met with the Union to explain the rules or changes. In the event the Union disputes the reasonableness of such rules and regulations, the Union shall have the right to file a policy grievance in respect thereof pursuant to the provisions of Article 7 of this Agreement within the time limits established thereunder. Such grievance shall specify the rule or rules being disputed and the grounds upon which such rule or rules are being disputed; (b) The right to select, hire and control and schedule its operations and work the working force and employees; to make any and all decisions affecting the businesstransfer, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hireassign, promote, demote, classify, layoff, assignrecall, transfer, suspend, discharge and discipline employees and set incentive plans for suspend employees; determine employee benefitsto plan, direct and control plant operations; determine overtime rules; to select and determine retain employees for positions excluded from the bargaining unit and to transfer employees into or out of the bargaining unit; (c) The right to determine: the location and extent of its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces, the products to be manufactured; the standard of production; whether to make or buy goods and services; the schedules of work and of production; the number of its shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the qualifications of employees; the uses of improved methods, including machinery and equipment; whether there shall be overtime work and who shall perform such work; the number assigned to of employees needed by the Company at any particular work time and how many shall operate or work uniton any job, operations, machine or production line; if an employee will be paid according to increase a bonus or decrease that numberincentive plan; direct and schedule the workforce; determine the location and type number of operation; determine and schedule when overtime shall hours to be worked; install or remove equipment; discontinue the operation of the business by sale or otherwisestarting and quitting time. And, in whole or in part at any time; subcontract bargaining-unit workgenerally, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule manage the enterprise and its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be business without interference is solely and exclusively the sole responsibility right of the Employer and shall Company. 3.02 The Company will not be subject exercise any of its management rights contrary to the grievance and arbitration any express provisions of this the Collective Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 2.01 The Employer retains Union acknowledges and recognizes that the exclusive right to manage management of the business, to direct, control and schedule its Employer’s operations and work direction of the working force are fixed exclusively with the Employer and to make any and all decisions affecting shall remain solely with the business, whether or not Employer except as specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted limited by a specific an express provision of this Agreement. Such prerogatives shall include, but not be limited toWithout restricting the generality of the foregoing, the sole Union acknowledges that it is the exclusive function of the Employer to: (a) Maintain order, discipline and exclusive rights to: efficiency; (b) Make, enforce and alter, from time to time, reasonable rules and regulations to be observed by all employees; (c) Hire, assign, retire, discharge, direct, promote, demote, layoff, assignclassify, transfer, suspendlayoff, recall, suspend or otherwise discipline employees, provided that a claim of discharge without just cause by an employee who has successfully completed their probationary period may be the subject of a grievance and discipline employees dealt with as hereinafter provided. COLLECTIVE AGREEMENT BETWEEN CANADIAN MENTAL HEALTH ASSOCIATION AND CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 1287 EXPIRING MARCH 31, 2022 2 (d) Determine the location and set incentive plans for employees; extent of the operations and their designation, commencement, expansion, revision, curtailment or discontinuance, plan, direct, control and alter all operations, determine employee benefits; determine overtime rules; select in the interest of efficient operation and determine highest standards of service the direction of the working forces, the number of its employeespersonnel required, including the number assigned services to any particular work or work unit; be provided and the methods, procedures and equipment to increase or decrease that number; direct and schedule the workforce; be used in connection therewith, determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation descriptions of the business by sale jobs, the classifications and the hours of work, establish, modify, combine or otherwiseabolish job classifications and create, modify, eliminate or discontinue any job in whole or in part of the work assignments, the methods of doing the work and the working establishment for any service and the standards of performance for all employees, may require the medical examination of an employee at the Employer’s expense by a physician designated or approved by it. (e) Determine the qualifications of employees, the number of employees required by the Employer at any one time; subcontract bargaining-unit work, determine the introduce new and improved methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless equipment, control the amount of whether supervision necessary, to increase or not reduce personnel in any particular area, generally, solely and exclusively manage the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, Agency and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all its operations without hindrance or interference by the Union except as specifically abridged, altered or modified by subject to the express terms of this Agreement. The provisions . (f) Managers or supervisors shall not perform work of this Agreement do not prohibit the Employer from directing any person not covered type and grade regularly performed by this Agreement from performing any task. The Employer, therefore, has members of the right to schedule its non-bargaining unit employees at any time; howeverexcept: • In cases of emergencies, non-bargaining unit employees shall not customarily do bargaining unit work. The selection • For purposes of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters instruction or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtytraining.

MANAGEMENT RIGHTS. The Employer retains Union acknowledges that it is the exclusive right function of the Employer: To determine and establish standards and procedures for the care, welfare, safety and comfort of the resi- dents in the Home to manage the businessmaintain order, discipline and efficiency and in connection therewith to directestablish and enforce rules and regulations, control policies and schedule from time to time to be observed by its operations and work force employees and to make any alter such rules and all decisions affecting regulations provided that such rules and regulations shall not be inconsistent with the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision provisions of this Agreement. Such prerogatives shall include, but not be limited toIt is agreed that prior to altering any present rules and regulations, the sole said new rules and exclusive rights to: Hireregulations shall first be discussed in detail with the Union Committee and an opportunity afforded to the said Committee to make representation both at the local and head office levels of the Employer. It is agreed that such rules will be posted on the bulletin board and a copy supplied to the Xxxxxxx in the Nursing Home. To hire, discharge, transfer, layoff, recall, promote, demote, layoffclassify, assignassign duties, transfer, suspend, discharge and suspend or discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including provided that a claim by an employee who has completed his probationary period that he has been discharged or disciplined without just cause, may be the number assigned subject of a grievance and dealt with as hereinafter provided. To control the direction of the working forces, workloads and job content, the right to any particular work or work unit; to increase or decrease that number; direct plan, direct, and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue control the operation of the business by sale or otherwisenursing home; the right to introduce new and improved methods, in whole or in part at any timefacilities, equipment; subcontract bargaining-unit work, the right to determine the methodsamount of supervision necessary, proceduresthe hours of work; the right to change, materials reduce or discontinue operation or part of an operation; start and operations to be utilized quitting times, number of shifts; combining or to discontinue their usesplitting up of departments, work schedules, and of shifts; transfer the number of employees required for the purposes and the increase or relocate reduction of personnel. To exercise any or all of the operations by sale rights, powers, functions or otherwise, in whole or in part, at any time; determine authority the work duties Employer had prior to the signing of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union this Agreement except as those rights, powers, functions or authorities as specifically abridged, altered abridged or modified by this Agreement. It is agreed and understood that these rights shall not be exercised in a manner inconsistent with the express terms of this Agreement. The provisions of this Agreement do not prohibit ; a claim that the Employer from directing any person not covered by this Agreement from performing any taskhas so exercised these rights be the proper subject matter of a grievance. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection Letters of supervisory personnel Reprimand shall be removed from an employee's record one year after the sole responsibility date of the Employer and shall reprimand providing during that one year period there have not be subject been any other letters of reprimand given to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyemployee.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business7.01 All management rights, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereinauthority, and whether or not heretofore exercised. Except functions shall remain vested exclusively with the Employer except insofar as expressly modified or restricted specifically limited by a specific provision express provisions of this Collective Agreement. Such prerogatives shall It is recognized that such rights, authority and functions include, but are not be limited to, the sole following: the full control, management, and exclusive rights to: Hireoperation of its business and its distribution center; the determination and scope of its activities, promoteproducts to be sold or processed, demoteand all methods pertaining thereto; the scheduling of work hours, layoffdays, assign, transfer, suspend, discharge shifts of operation and discipline employees overtime; the size and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including departments; the number assigned to any particular work or work unit; to increase or decrease that number; direct determination of machinery and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations equipment to be utilized acquired or utilized, and scheduling thereof; the establishment of quality and production standards; the right to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish eliminate jobs, duties, job classificationsclassifications and descriptions; transfer employeesthe right to introduce new or improved procedures, either temporarily methods, processes, facilities, machinery and equipment, or permanently, within programs and/or job classificationsto make technological changes; determine job qualifications, work shifts, work pace, work performance levels, standards of performancethe right to maintain order and efficiency, and methods to issue, modify and enforce reasonable rules, regulations, policies and practices; the right to lay off employees for lack of evaluation work; the right to discipline, suspend, demote or discharge employees for just cause or as otherwise stipulated under the Collective Agreement; the right to determine the number of employees and the increase or reduction of personnel, and to determine where, in what manner, at what times, and under what conditions employees in the bargaining unit perform their work; the right to transfer or promote employees; the right to contract or subcontract any work; the right to transfer work; the right to terminate, merge, consolidate, sell or otherwise transfer its business or any part thereof; the determination of the employeesnumber of employees and the assignment of duties thereto; the use of temporary employees or temporary agency employees as deemed appropriate by the Employer; the right to introduce, modify or eliminate incentive based compensation programs; the right to perform performance evaluations and annual reviews; the right to modify benefit plans; the right to select lead and supervisory personnel and the assignment of their work, the xxxxxxx of equipment, and in all respect carryoutthe right to change, in additionincrease or reduce the same; the supervision, direction and control of the ordinary working forces, including but not limited to, being the sole judge of applicants for employment, their qualifications and customary functions fitness, and hiring or refusal to hire, and the training of management, all without hindrance new and existing employees. 7.02 There shall be no written or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing verbal agreements with any person not employees covered by this Agreement agreement that are contrary to this collective agreement, without consultation and agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyUnion.

MANAGEMENT RIGHTS. 8.01 The Employer retains union agrees that all rights of management are retained by Three Oaks Foundation and remain exclusively the exclusive right function of Three Oaks Foundation and without limiting the generality of the foregoing, Three Oaks Foundations rights include: a) The right: to manage maintain order, discipline and efficiency; to make, alter and enforce rules, regulation policies, practices and procedures to be observed and adhered to by the businessemployees and such rules will be made available to all employees and the union; to suspend , discipline and discharge any employee provided that a claim by an employee that she has been discharged or disciplined without just cause may be the subject of a grievance and/or arbitration and dealt with as hereinafter provided: b) The right: to directselect, control hire and schedule its operations and retain a work force and including employees; to make any and all decisions affecting determine the businessqualifications necessary for the work; to transfer, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hireassign, promote, demote, layoffclassify, assignlay off, transferrecall, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and to determine the number of its employees, including the number assigned employees to any particular work or work unitbe hired; to increase or decrease that number; plan, direct and schedule the workforcecontrol operations: c) The right: to operate and maintain operations in order to satisfy its commitments and responsibilities; to determine the location of operations and type the expansion or curtailment; to direct the work force including employees; to schedule operations. To establish, change or modify the number of shifts; to establish, maintain or modify the methods, processes and means of operation, job contents, quality and quantity standard; determine to use new or improved methods, facilities and schedule equipment, or decide on the number of employees needed at any time, the number of hours and shifts to be worked, starting and quitting time, when and where overtime shall be worked; install or remove and generally, to manage its activities without interference as the sole and exclusive right of Three Oaks Foundation. d) The sole and exclusive jurisdiction over all operations, building, equipment; discontinue the operation of the business by sale or otherwise, financial policies and employees shall be vested in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or Three Oaks Foundation. 8.02 Three Oaks Foundation retains all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or rights not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as otherwise specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employeragreement. 8.03 Three Oaks Foundation agrees that it will not exercise the foregoing right, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject contrary to the grievance and arbitration express provisions of this Agreement. The foregoing statement In the event it is alleged that Three Oaks has exercised any of the foregoing rights of management and of Employer functions are not all-inclusive, but indicate contrary to the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date express provisions of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the matter may be made a subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtya Grievance.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the businessretains, to directsolely and exclusively, control and schedule its operations and work force and to make any and all decisions affecting the businessrights, whether or not specifically mentioned hereinpowers, and whether or not heretofore exercised. Except authority which ordinarily vest in and are traditionally exercised by management, except as expressly modified or restricted limited by a specific provision provisions of this Agreement. Such prerogatives In construing this reservation of management rights, the Union and the Employer agree that their objective is to provide quality health care at reasonable cost to health plan members, and that the Employer shall retain the ability to respond to changes in medical care delivery, medical technology, and the highly competitive environment in which the Employer operates. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by the Employer and not abridged by this Agreement include, but are not be limited toto the following: to manage, direct and maintain the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number efficiency of its employees, including the number assigned to any particular work or work unitfacilities and personnel; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establishcreate, change, combine or abolish job classificationspositions, departments and facilities in whole or in part; transfer to discontinue delete: or subcontract work for economic or operational reasons; to direct the staff; to increase or decrease the staff and determine the number of employees needed; to hire, transfer, promote, demote, suspend, discharge and maintain the discipline and efficiency of its employees; to layoff or reduce hours of work of staff; to establish schedules of operations and workloads; to specify or assign work and decide which employers are qualified to perform work; to determine qualifications for positions; to schedule and change work hours, either temporarily or permanentlyshifts and days off; to adopt rules and penalties for violations thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, within programs and/or job classificationsprocesses, means and places of providing services; to determine job qualifications, work shifts, work pace, work performance levels, standards the location and relocation of performance, facilities; and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreementto affect technological changes. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions parties are not all-inclusive, but indicate the type of matters or rights, which belong committed to and are inherent included in management the National Partnership between Xxxxxx Permanente and shall not the AFL-CIO Coalition of Xxxxxx Permanente Unions Alliance of Health Care Unions and will be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain guided by policies jointly arrived at the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this National Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyon subcontracting.

MANAGEMENT RIGHTS. The 1. Subject to the terms of this Agreement, the Employer retains shall have the exclusive right to manage and direct the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted workforce covered by a specific provision of this Agreement. Such prerogatives shall includeAmong the exclusive rights of Management, but not be limited to, intended as a wholly inclusive list of them are the sole rights: to plan; direct and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine control all operations performed at the number of its employees, including various locations served by the number assigned to any particular work or work unitEmployer; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, to determine the methods, procedures, materials and equipment, operations and/or services to be utilized and/or provided or to discontinue their useperformance by the employees of the Employer and/or subcontract the same in accordance with Article 26 (Subcontracting); to transfer or and/or relocate any or all of the operations operation(s) of the business to any location or discontinue such operations, by sale or otherwise, otherwise in whole or in part, any part at any time; to establish, increase or decrease the number and/or length of work shifts, their starting and ending times and determine the work duties of Employees; to require that occasional de minimis duties other than normally assigned be performed; to select supervisory employees; to train Employees; to discontinue or reorganize or combine any part of the organization; to promote and demote employees consistent with the operational needs of the business consistent with applicable laws; to discipline, suspend, and discharge for just cause subject to the terms of the Agreement; to relieve Employees from duty due to lack of work or any other legitimate operational reason; to cease acting as a contractor at any location or cease performing certain functions at a location, even though Employees at that location may be terminated or relieved from duty as a result. 2. Any of the rights, power or authority the Employer has when there was no Agreement are retained by the Employer and may be exercised without prior notice to or consultation with the Union, except those specifically abridged or modified by this Agreement and any supplementary subsequent agreement which may be made and executed by the parties. 3. The Employer shall also have the right to promulgate, post and enforce reasonable rules and regulations governing the conduct and acts of employees Employees during working hours; require that duties other than those normally assigned hours provided they are consistent with the terms of the Agreement and the Union is provided with reasonable notice of changes to the rules or regulations. In any arbitration in which the Employer's rule or regulation is found to be performed; select supervisory employees; train employees; discontinue unreasonable, the arbitrator may only order rescission of the rule or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performanceregulation, and methods of evaluation of may not modify or alter the employees, and rule or regulation in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreementmanner. 4. The foregoing statement of the rights statements of management rights and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management exclusive and shall not be construed in to limit or exclude any way to exclude other Employer functions inherent management rights not specifically enumerated. 5. The Union recognizes that the Employer provides a service of critical importance to the customer. If a customer or tenant demands that the Employer remove an Employee from further employment at an account or location, the Employer shall have the right to comply with such demand, and the following shall apply: a. Upon request by the Union, the Employer shall provide the customer/tenant’s written demand, if any. In the event no written demand exists, the Employer shall make a good faith effort to obtain a written request. Upon request of the Union, the Employer shall provide the stated reason for the customer/tenant demand, if known. b. However, unless the Employer has cause to discharge the employee, the Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in pay wages or benefits. c. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee's same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee's option, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employers suitability determination, to fill positions that become available within six (6) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee. d. When informed of the possibility of a layoff under this paragraph, the employee shall have ten (10) days in which to notify the Employer if they wish to accept a position with the Employer at another location. If the employee is no longer working during any portion of this ten-day period, the foregoing sentence shall not impose any obligation on the Employer to pay the employee for any such non-working days. e. Before any other employees are hired, the Employer shall offer open positions to individuals on the recall list, provided they are qualified, suitable, and available to work. Recall rights hereunder are in order of Employer seniority within classification. There shall be no bumping rights in conjunction with this paragraph. Nothing herein shall require the Employer to place an employee in a position for which the employee is not qualified. f. If after the six (6) month period, the employee has not been recalled to a position within the bargaining unit, the employee shall be considered permanently laid off and the Employer shall have no further obligation with respect to this Article. 6. Transfers or removals of employees because of a reduction in force shall not be arbitrary, retaliatory or in violation of Article 2 (No Discrimination). The Employer shall maintain make its best effort to promptly notify the wages Union, where possible in advance, of workers any significant reductions in the number of employees assigned to any work location covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer retains Association acknowledges that it is the exclusive right function of the Board, subject to manage the businessPolice Services Act and the regulations thereunder, to to: maintain order, discipline and efficiency; hire, discharge, direct, control and schedule its operations and work force and to make any and all decisions affecting the businessclassify, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hiretransfer, promote, demote, layoff, assign, transfer, and suspend, discharge and or otherwise discipline employees for cause, provided that a claim that an employee has been unjustly discharged 'or disciplined may be the subject of a grievance and set incentive plans for dealt with in accordance with the grievance procedure; establish and enforce from time to time rules and regulations to be observed by the employees, provided that they are not inconsistent with the provisions of this Agreement; determine employee benefits; determine overtime rules; select generally to manage the Service and without restricting the generality of the foregoing to determine the number of its employees, including persons required from time to time and the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type standards of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation performance of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing (el the conduct and acts of employees during working hours; require Board agrees that duties other than those normally assigned to these functions will be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation exercised in a manner consistent with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement In the case of a reduction of the rights establishment or layoff affecting the ranks of management and Staff Sergeant or Sergeant, the officer in each rank with the least seniority shall be the first transferred to the next lowest rank. Upon each such demotion taking place, that officer shall become the senior in the next lower rank. In the case of Employer functions are not all-inclusivea reduction of the establishment or layoff affecting the rank of a Constable, but indicate the type Constable with the least seniority shall be the fir In the case of matters or rightsrecall, which belong t senior officer transferred to and are inherent in management and a lower rank shall not be construed in any way be transferred to exclude other Employer functions not specifically enumeratedhis most senior person I to be recalled. The Employer Board shall maintain the wages of workers covered by this Agreement, as of notify every member who is to be laid off at least working days prior to the effective date of this Agreementthereof, unless explicitly modified by the terms of this or any subsequent Agreementaward pay in lieu thereof. The Employer Board shall not hire any new member until those laid off have been given the unilateral right to modify the terms or conditions opportunity of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after recall. The Board shall give notice of such change recall by registered mail to the Union and an opportunity to meet and discuss last recorded address of the changes with member. The member shall keep the Employer, if requested by the Union within thirtyboard informed at all times of current address.

MANAGEMENT RIGHTS. ‌ 4.01 The Union recognizes and acknowledges that the Management of the Employer retains and its facilities and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive right function of the Employer to: (a) At all times to manage the maintain order, discipline and efficiency and in connection therewith to make, alter and enforce reasonable rules and regulations, policies and practices to be observed by its Employees in order to assure a successful and profitable operation of its business, discipline or discharge Employees for just cause who have passed the probationary period and acquired seniority provided that a claim by an Employee who has passed the probationary period and acquired seniority that has been discharged or disciplined without cause may be the subject of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, assign to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hireshifts, promote, demote, layoffclassify, assignlay off, transferrecall, suspendretire Employees or select Employees for positions excluded from the bargaining unit and to increase and decrease the working force in a manner consistent with the terms of this Agreement; (i) establish and administer a fair assessment procedure for the purpose of assisting the Employer in determining an Employee’s job performance and areas for future improvement; (ii) to require a medical report in the event that there is a concern that an Employee is not physically able to perform their regular duties. (d) determine the location of operations, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine their expansion or their curtailment, the direction of the working forces, schedules of operations, the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforceshifts; determine the location methods and type processes to be employed, job content, quality and quantity standards, the establishment of operationwork or job classifications; determine the qualifications of an Employee to perform any particular job; the nature of tools, equipment and schedule machinery used and to use new or improved methods, machinery and equipment, change or discontinue existing tools, equipment, machinery, methods of processes; decide on the number of Employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked; install or remove equipment; discontinue worked and require Employees to work overtime, the operation determination of financial policies, including general accounting procedures and customer relations. Should the business by sale or otherwiseEmployer wish to change, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize abolish or combine any department or branch of operation with any consequent reduction or other change job classification, the Union shall be consulted. (e) have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment. 4.02 The Employer agrees that it will not exercise its functions in the work force; introduce new or improved methods or facilities, regardless of whether or not manner inconsistent with the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit and the Employer from directing any person not covered by express provisions of this Agreement from performing any task. The constitute the only limitations upon the Employer, therefore, has ’s rights. 4.03 Without limiting the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility generality of the Employer foregoing provisions, it is expressly understood and shall not be subject to agreed that breach of any of the grievance and arbitration rules, or any of the provisions of this Agreement, may be cause for disciplinary action. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer Employee shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of lodge a grievance as herein provided in this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer retains Union recognizes the right of the Company to operate and manage its business in all respects in accordance with commitments and responsibilities, the Operating schedules, the direction of working forces, the right to decide on the number of employees required by the Company at any lime, and jurisdiction all operations, buildings, machinery, tools, equipment and employees are solely and exclusively the responsibility of the Company. The Company has the right to make, alter and enforce time to time Rules and Regulations to be observed by the employees, but before altering any such the Company must same with the duly accredited officers of the Union, and give them an opportunity of making representations with regard to proposed alterations. Union acknowledges that it is the exclusive right function of Company to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hirehire, promote, demote, layoff, assign, transfer, suspend, discharge transfer and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its suspend employees, including also the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation right of the business Company to discipline or discharge any employee for cause, provided that a claim by sale an employee, who has acquired seniority, that he has been discharged or otherwisedisciplined without reasonable cause may be the subject of a grievance and dealt with as hereinafter provided. Without limiting the generality of the foregoing provisions it expressly understood and agreed that reporting for work with an alcoholic breath, drunkenness or drinking intoxicants while on duty or on the Company properly, or while in whole the Company uniform; or breach of trust including while acting in part at any timea fiduciary capacity; subcontract bargaining-unit workor knowingly to carry out lawfully assigned or failure to meet bonding standards: or habitually after being duly warned; or abuse of employees' passes; or unsatisfactory attendance or punctuality after being duly warned; or accidents through carelessness, determine the methods, procedures, materials and operations negligence or disregard of ordinary safety precautions shall deemed to be utilized or sufficient cause lor the dismissal of employee. Nothing herein contained shall prevent an employee from taking a discharge case through Grievance procedure to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause act complained of was committed. An employee with or years' service, whose normal duties involve the of a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall Company vehicle will not be subject to dismissal for loss of his driver's license for a first off occurrence, but will be placed on lay-off pay or benefits until his license is restored. A second such occurrence will subject the grievance employee to dismissal as previously outlined for discharge and arbitration provisions of will make this Agreementexception inoperative. The foregoing statement an effort to address concerns of the rights of management and of Employer functions are not all-inclusive, but indicate Union that privatization or mergers will adversely affect the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as existence of the effective date of this AgreementUnion, unless explicitly modified by the terms of this Company and the Union agree that should the Xxxxxxxx Street Railway Company be sold, merged with another Company or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workerschange its ownership, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss Company agree that the changes with will be the Employer, if requested by the Union within thirtybargaining agent.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercisedSection 1. Except as expressly limited, abridged, or modified or restricted by a specific provision the provisions of this Agreement. Such prerogatives shall include, but not be limited toAgreement and applicable labor law, the sole Employer specifically retains all rights, powers, authority, and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine functions which it had prior to the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation certification of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilitiesUnion, regardless of whether or not the same cause a reduction in Employer previously exercised such authority, and regardless of the working force; establishfrequency of the exercise hereafter. a. Determine all budgetary and financial policies and methods; b. Determine the materials and equipment to be used; c. Determine the suppliers and providers of services with whom the Employer will deal; d. Determine, change, combine add to, or abolish eliminate its operations and the services to be rendered to its clients and the terms, means, methods and schedules of its operations; e. Remove, transfer, or subcontract all or any part of its operations; f. Determine the nature and extent of the representation to be undertaken by the program and services to be provided by the program; g. Establish, modify, or eliminate programs or projects or any part thereof; h. Determine the number, size, and location of offices, or any part thereof, and the extent to which and the means or manner by which the Employer's offices, or any part thereof, shall be operated, consolidated, relocated, transferred, closed or abandoned; i. Determine staffing levels and requirements, and qualifications of staff, and increase, reduce, or modify the composition and size of the work force; j. Determine job classifications; transfer assignments, work schedules and shifts; k. Require overtime work of employees; l. Maintain discipline and efficiency of employees, either temporarily including the right to make reasonable rules of procedure and conduct to maintain order, safety, and efficiency and from time to time modify the same; m. Select, hire, classify, assign, recall, promote, transfer, discipline, suspend, demote, or permanentlydischarge employees; n. Direct, within programs and/or job classifications; determine job qualificationssupervise, work shiftstrain, work paceorient, work and evaluate the ability and performance levelsof employees; o. Establish, change, and monitor reasonable quality and quantity standards of performance, and methods of evaluation of the employeesinstitute measurements thereof; p. Establish, change, combine, or eliminate jobs, positions, job classifications and descriptions, and units in all respect carryoutwhole or in part; q. Establish wage rates for new or changed jobs or positions; r. Layoff, reduce hours or otherwise relieve employees from duty for lack of work, funding, or other good faith business reasons; s. Call in addition, outside contractors or workers of its choice to perform services not normally falling within the ordinary and customary functions scope of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-work or not within the capability of existing bargaining unit employees; and t. Hire temporary employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyneeded.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of A. There are no provisions in this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease Agreement that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install deemed to limit or remove equipment; discontinue curtail the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed Township in any way in the exercise of the rights, powers, and authority which the Township had prior to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified and only to the extent that provisions of this Agreement curtail or limit such rights, powers, and authority. The FOP recognizes that the Township’s rights, power, and authority include, but are not limited to: 1. The right to manage its operation; 2. Direct, select, decrease, and increase the work force, including hiring, promotion, demotion, transfer, suspension, discharge, or layoff. These rights, however, shall be exercised reasonably, in accordance with this Agreement, and for good cause; 3. The right to make all plans and decisions on matters involving its operation; 4. The extent to which any Department thereof shall be operated, the conditions thereto, and replacements, curtailments, or transfers thereof; 5. Removal of equipment; 6. Outside purchase of products or services; 7. Means and processes of operations; 8. Materials to be used and the right to introduce new and improved methods and facilities; 9. Maintain discipline and efficiency of employees and prescribe rules to that effect; 10. Establish and change standards of performance; 11. Determine qualifications of employees; 12. Regulate quality and quantity of performance; 13. Run the Department efficiently; 14. Require an employee to work overtime; however, the Township will follow and comply with the provisions of Article VI, Paragraphs B and C, of this Agreement prior to designating and requiring a specifically selected officer to work overtime; and 15. The scheduling of operations. B. The Township in the exercise of any of its management rights shall, however, be bound by the terms of this or any subsequent AgreementAgreement and abide by same. The Employer Township shall exercise its management rights in accordance with law and due process. The recognition of the management rights of the Township is not a waiver by the FOP or its members of any rights, benefits or privileges that the FOP or its members may have under this Agreement or other authority. C. The FOP and its members shall have the unilateral right to modify the terms or conditions of employment of covered workersgrieve, which are not the subject of explicit terms of under this Agreement or any subsequent Agreement, after notice the unreasonable and/or arbitrary exercise of such change to any of the Union and an opportunity to meet and discuss foregoing management rights of the changes with the Employer, if requested by the Union within thirtyTownship.

MANAGEMENT RIGHTS. 4.01 The Union recognizes and acknowledges that all management rights and prerogatives and the direction of the working forces, and the management of the Employer’s enterprise, are vested exclusively with the Employer retains and without limiting the generality of the foregoing the exclusive functions of the Employer shall include the following rights: (a) To operate and manage its business in every and in all respects; (b) To maintain order, discipline and efficiency amongst its employees and in connection therewith to establish and enforce reasonable rules, regulations, policies and practices from time to time to be observed by its employees, and the Employer reserves the right to manage the business, amend or introduce new rules from time to direct, control time and schedule its operations and work force any such new rules will be communicated in writing to employees and to make any and all decisions affecting the businessUnion; (c) To select, whether or not specifically mentioned hereinhire, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includetransfer, but not be limited tolay-off, the sole and exclusive rights to: Hirerecall, promote, demote, layoffclassify, assignassign duties, transferdirect, schedule, and discharge, suspend, discharge or otherwise discipline seniority employees for just cause, provided that a claim that an employee who has been discharged or disciplined without just cause (except in the case of probationary employees to whom Article 11.01 applies) can be the subject of a grievance and discipline dealt with as hereinafter provided; (d) To determine whether vacancies exist and whether to hire persons to fill vacant positions or newly created positions; (e) To determine the nature and kind of business conducted by the Employer, the kinds and locations of its operations, the services to be rendered, the kinds of machines and/or equipment to be used, the methods of operating and control of services, materials, goods, documents and information to be used, the quality, quantity, and required efficiency of provision of services; (f) To plan, direct and control the work of the employees, the operations of the Employer, and the schedules and procedures of work. This includes the right to introduce new and improved methods, facilities, machinery, technology, and equipment, and to direct and control the amount of supervision necessary; to combine or split work locations within the home, work schedules, and to increase or reduce personnel in any particular area, or on the whole, and the number of employees required for the Employer’s purposes; and set incentive plans for employeesto reduce or increase normal hours of work per day or per week and to establish starting and quitting times; determine employee benefits; determine overtime rules; select and to assign employees to shifts as required; (g) To determine the number of its employeesshifts, including the number assigned to any particular days and hours of work or work unitper day and per week, job content and requirements, quality and quantity standards, the qualifications of a position and whether an employee meets such qualifications; to increase select and retain employees for positions excluded from the bargaining unit; (h) To establish standards of service; to amend or decrease that numbermodify standards; direct and schedule the workforceto determine new methods to be used; to determine the location requirements of a job and type the qualifications of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations an employee to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine perform the work duties of employees; promulgate, post and enforce rules and regulations governing required. 4.02 The Employer agrees that it will not exercise its functions in a manner inconsistent with the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Collective Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 3.01 The Employer retains Union agrees that it is the exclusive function of the employer: a) to conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the businessjobs, locate, extend, curtail or cease operations, to directdetermine the number of employees required at any or all operations, control to determine the kinds and schedule its operations locations of machines, tools and work force equipment to be used and schedules of production, to judge the qualifications of employees and to make any maintain order, discipline and all decisions affecting the businessefficiency; b) to hire, whether or not specifically mentioned hereindischarge, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includeclassify, but not be limited to, the sole and exclusive rights to: Hiretransfer, promote, demote, layofflay off, suspend or otherwise discipline employees provided that a claim by an employee, other than a probationary employee for the first ninety(90) days worked, that he has been discharged, suspended, discipline or disciplinarily demoted without reasonable cause be subject to the provisions of the Grievance Procedure; c) to make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the employee; d) to interview, select, hire and control the working force, to schedule, assign, transferpromote, suspendclassify, discharge and discipline employees and set incentive plans for lay-off, recall its employees; to plan, direct, control, alter or discontinue operations; and, to designate, establish, revise or discontinue positions, classifications and departments; e) to introduce the use of new or improved methods, technical advancement and equipment; to determine employee benefitsthe need for overtime; determine overtime rules; select and to determine the number of its employees, including employees needed by the number assigned to Employer at any particular work or work unittime; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any timeadministration of the Employer's pay system; subcontract bargaining-unit work, to determine the methods, procedures, materials and operations number of hours to be utilized worked and starting and quitting time periods; f) to require employees to attend training and to obtain and maintain certification for any legitimate job related skills or requirements; g) to discontinue their usemake studies of and institute changes in jobs, job content or job assignments; transfer discontinue, reorganize, limit, combine, substitute any operation or relocate any or part thereof; determine all other aspects of the Employer’s operation, all of which shall remain solely within the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation rights of the employees, and Employer; h) it is agreed that these functions shall not be exercised in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by a manner inconsistent with the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyagreement.

MANAGEMENT RIGHTS. 6.1 The Employer retains the exclusive right to manage the businessUnion acknowledges and agrees that all management rights, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereinprerogatives, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision functions are retained and vested exclusively with the Employer and without limiting the generality of this Agreement. Such prerogatives shall include, but not be limited to, the foregoing it is the sole and exclusive rights to: Hirefunction of the Employer in its sole and exclusive judgment: (a) To maintain order, discipline and efficiency in its operations; to determine the number and location of facilities; (b) To determine and establish standards and procedures in its operations; to determine the services to be supplied, the standard of service, job content and requirements; to determine qualifications of employees; (c) To establish and enforce reasonable rules, regulations, policies and practices from time to time to be observed by its employees; the Employer reserves the right to amend or introduce reasonable new rules, regulations, policies and practices from time to time; (d) To select, hire, retire, transfer, lay-off, recall, promote, demote, layoffclassify, assignassign duties, transferdirect the way in which work is performed, suspendset standards of productivity; (e) To discharge, discharge and suspend or otherwise discipline employees who have completed probation, for just cause; (f) To plan, direct, and control the work of employees and the Employer’s operations. This includes the right of the Employer to introduce new and improved methods, facilities, equipment and to control the amount of supervision, combining or splitting up of departments; (g) To establish or change work schedules, to set incentive plans for employees; determine employee benefits; determine overtime rules; select the starting and determine quitting time and the number of its employees, including the number assigned hours and shifts to any particular work or work unitbe worked; to increase or decrease that number; direct reduce personnel in any particular area or on the whole and schedule the workforce; determine number of employees required for the location and type of operation; determine and schedule when overtime shall be worked; install Employer’s purposes; (h) To limit, suspend, cease or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in expand part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale Employer’s operations; to use independent contractors to perform any work or otherwiseservice; to subcontract, in whole contract out, contract in; to decrease or in part, at increase normal hours of work; (i) To exercise any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employeesrights, and in all respect carryoutprerogatives, in additionpowers, functions or authority which the ordinary and customary functions Employer has or had prior to the signing of managementthis Agreement, all without hindrance or interference by the Union except as those rights, powers, functions or authorities are specifically abridged, altered abridged or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. . 6.2 The Employer’s failure to exercise any right, thereforeprerogative, has power, function or authority hereby reserved to it, or the right to schedule its non-bargaining unit employees at Employer’s exercise of any time; howeversuch right, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and prerogative, power, function or authority in a particular way, shall not be subject considered a waiver of the Employer’s right to exercise such right, prerogative, power, function or authority or preclude it from exercising the grievance and arbitration same in some other way not in conflict with the express provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. . 6.3 The Employer shall have the unilateral right to modify assess the terms or conditions relative efficiencies of employment any employee and may, in its sole discretion, pay wages in excess of covered workers, which are not the subject of explicit terms of those referred to in this Agreement. Such wages will be considered to be completely separate and apart from this Agreement and will be regarded as premium rates which the Employer may in its sole and absolute discretion, choose to pay. Such special rates shall not be negotiable and shall not become the basis for a wage increase in the scale in the classifications concerned. 6.4 Breaches of any rules, policies, or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested regulations established by the Union within thirtyEmployer from time to time will result in disciplinary action, up to and including discharge.

MANAGEMENT RIGHTS. Section A- The Employer Company retains any and all management rights not expressly limited by the exclusive specific terms of this collective Agreement. Among these rights, but not intended as a wholly inclusive list shall be the right to manage the businessplant and direct the workforce; to plan, direct and plant operations; to directdetermine the means, methods, processes and schedules of production; to determine the products to be manufactured or processed, and the plant or facility at which they are to be manufactured or processed; to determine the location of its plants and the continuance of its operating departments; to transfer work temporarily or permanently between plants; to temporarily or permanently close the plant or any portion thereof during the term of the collective Agreement; to promote, demote or transfer employees from one job to another; to decide on “make” or decisions; to determine the number of personnel needed; to determine schedules, shift assignments, and hours of work including overtime; to determine the number of shifts; to demote, discipline, suspend or discharge employees for just cause; to maintain order; to hire, rehire, or recall employees; to lay off or relieve employees from duty because of lack of work or any other legitimate reason; to make and enforce reasonable plant rules and regulations; to make and enforce safety rules; to control absenteeism; to assign employees to work and schedule its operations designate the duties of the employees; to change, modify, eliminate or reassign job duties; to set the wage rates for newly created jobs; to contract work out or in, including maintenance and construction work, or to have such work force performed by other Company personnel; and to make any and all decisions affecting or changes which in the businessopinion of management, whether or the B The Company agrees that it will not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by exercise its functions in a manner inconsistent with the specific provision provisions of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employees, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees an alleged violation thereof shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration procedure. It is understood that the express provisions of this Agreement. The foregoing statement of Agreement constitute the rights of management and of Employer functions are not all-inclusive, but indicate only limitations upon the type of matters or Company’s rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. The Employer retains Section 3.1. There shall remain in the Company the exclusive and unilateral right of management of the Company’s plant and facilities and the assignment and direction of the working forces, not limited to manage but including the business, following: to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number of its employeesnumber, including the number assigned to any particular work or work unit; to increase or decrease that number; direct and schedule the workforce; determine the location and type of operationplants it may operate; determine and schedule when overtime shall be worked; install or remove equipment; discontinue to decide the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations products to be utilized manufactured, the methods of manufacture, the materials to be used and the continuance or discontinuance of any product mater or method of production; to discontinue their useintroduce new equipment, machinery or processes and to change or eliminate existing equipment, machinery or processes; transfer to discontinue, temporarily or relocate any or all of the operations by sale or otherwisepermanently, in whole or in part, at conduct of its business or operations; and to relocate its business or operations in whole or in part; to decide the nature of materials, supplies, equipment or machinery to be used and the price to be paid; to decide upon the sales methods and sales price of all products; to subcontract any timework performed by or for the Company; to hire the workforce in accordance with the requirements set by management; to transfer, promote or demote employees subject to the seniority provisions of this Agreement; to lay off employees for economic reasons and to terminate, discharge, suspend or otherwise relieve employee from duty for just cause; to direct and control the workforce; to establish and enforce reasonable rules governing employment, conduct, and working conditions; to determine the work duties size of employeesthe workforce; promulgate, post and enforce rules and regulations governing to determine the conduct and acts number of employees during working hours; require that duties other than those normally employee assigned to be performedany particular operation; select supervisory employeesto determine the workplace and to set reasonable work performance levels; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; to establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; classifications and to determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation the length of the employees, work week; to utilize job rotation as deemed necessary by the company; to determine work starting and in all respect carryout, in additionstopping time, the ordinary length of the work day, when overtime shall be worked, to require overtime; and customary functions to determine the qualifications of management, all without hindrance or interference employees. All other rights of Management are also expressly retained even though not particularly enumerated above unless they are clearly limited by the Union except as specifically abridged, altered or modified by the express terms explicit language of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration some other provisions of this Agreement. The foregoing statement It is understood that the word “unilateral right” as used herein mean that the company shall have the unquestioned right to take such action without prior notification or consultation with the Union, except that any such action, once taken, may be questioned, to the extent provided in this Article or as specifically provided elsewhere in this Agreement, through the grievance and arbitration procedures. Section 3.2. If the sub-contracting of work usually performed by bargaining unit employees or partial or complete plant relocation will have the foreseeable effect of causing the layoff of any unit employee, the Company will give notice to the Union and the parties will negotiate on the effects of the layoff. It is further understood that none of the provisions of this Article shall have the effect to reduce or waive any rights of management unit employees under the Worker Adjustment and Retraining Notification Act (WARN). Section 3.3. Failure of Employer functions are not all-inclusive, but indicate the type of matters Company to exercise rights herein reserved to it or rights, which belong to and are inherent exercising them in management and a particular way shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages deemed a waiver of workers covered by this Agreement, as said rights of the effective date of this Agreement, unless explicitly modified by Company’s rights to exercise said rights in some other manner not in conflict with the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. 4.1 The Employer retains the exclusive right to manage the businessshall retain all rights, to directprivileges, control and schedule its operations and work force and to make any and all decisions affecting the businesspowers, whether or not specifically mentioned hereinauthority, and whether or not heretofore exercised. Except as expressly modified or restricted discretion possessed by a specific it prior to the execution of this Agreement except to the extent specifically limited by express provision of this Agreement. Such prerogatives No right, function, or prerogative of management shall includeever be deemed to have been modified, waived, diminished, or impaired by any past practice, course of conduct, or otherwise other than by explicit provision of this Agreement. The rights retained by this Article include but are not be limited to: 4.1.1 Managing, directing, determining, and controlling the sole operations of the Venues as it deems proper; 4.1.2 Discharging and exclusive rights to: Hiredisciplining employees for cause and establishing, promoteenforcing, demoteand maintaining reasonable work rules, layoff, assign, transfer, suspend, discharge provided such rules are in writing and discipline employees posted in working areas; 4.1.3 Deciding the type and set incentive plans for employees; determine employee benefits; determine overtime rules; select and determine the number scope of its employeesoperations and activities; 4.1.4 Introducing new equipment or processes, including changing or eliminating existing equipment or processes, or instituting technological changes or advances in equipment or processes, provided the number assigned Employer shall offer the affected employees training on all new equipment or processes; 4.1.5 Controlling and deciding the nature of materials, supplies, equipment, tools, machinery, or other property to any particular work be bought, made, or work unit; to increase or decrease that used and the price paid by the Employer; 4.1.6 Determining the number; direct and schedule the workforce; determine the location , location, and type of operation; determine and schedule when overtime shall be worked; install facilities or remove equipment; discontinue the operation of the business by sale selling, transferring, or otherwise, in whole discontinuing temporarily or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwisepermanently, in whole or in part, at any time; determine of the work duties Employer’s operations or facilities; 4.1.7 Determining the size of employees; promulgate, post the workforce and enforce rules and regulations governing the conduct and acts number of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in called under the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement; 4.1.8 Determining the starting and stopping times of work and any breaks, the length of shifts, and the amount of overtime to be worked; 4.1.9 Upon reasonable suspicion, management may require an employee to be tested for substance abuse when it appears that the employee’s work performance or on the job behaviour is being affected in any way by drugs or alcohol, or when, in the organization’s judgement, and employee may have contributed to an accident involving bodily injury or damage to property. The foregoing statement Union Business Representative or Union Supervisor on site will be notified of such suspicions immediately and before such drug testing shall occur. 4.2 The Employer’s failure to exercise any right hereby reserved, or the rights exercise of management and any right in a particular manner, shall not be deemed a waiver of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management such right and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain limit the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral Employer’s right to modify exercise such right in the terms or conditions of employment of covered workers, which are not future in the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtymanner it desires.

MANAGEMENT RIGHTS. 8.01 The Employer retains Union agrees that all rights of management are retained by Three Oaks Foundation and remain exclusively the exclusive function of Three Oaks Foundation and without limiting the generality of the foregoing, Three Oaks Foundations rights include: (a) The right to manage maintain order, discipline and monitor efficiency. The right to make and alter rules, regulations, policies, practices and procedures as long as the businesschanges are communicated to the employee and the Union. Employees will be expected to adhere to such changes when communicated. Management has the right to suspend, discipline and discharge as it deems fit. Any employee that claims she has been discharged or disciplined without just cause may be the subject of a grievance and/or arbitration and dealt with as hereinafter provided. (b) The right to directselect, control hire and schedule its operations and retain a work force and including employees; to make any and all decisions affecting determine the businessqualifications necessary for the work; to transfer, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: Hireassign, promote, demote, layoffclassify, assignlay off, transferrecall, suspend, discharge and discipline employees and set incentive plans for employees; determine employee benefits; determine overtime rules; select and to determine the number of its employees, including the number assigned employees to any particular work or work unitbe hired; to increase or decrease that number; plan, direct and schedule the workforcecontrol operations. (c) The right to operate and maintain operations in order to satisfy its commitments and responsibilities; to determine the location of operations and type the expansion or curtailment; to direct the work force including employees; to schedule operations. To establish, change or modify the number of shifts; to establish, maintain or modify the methods, processes and means of operation, job contents, quality and quantity standard; determine to use new or improved methods, facilities and schedule equipment, or decide on the number of employees needed at any time, the number of hours and shifts to be worked, starting and quitting time, when and where overtime shall be worked; install or remove and generally, to manage its activities without interference as the sole and exclusive right of Three Oaks Foundation. (d) The sole and exclusive jurisdiction over all operations, building, equipment; discontinue the operation of the business by sale or otherwise, financial policies and employees shall be vested in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or Three Oaks Foundation. 8.02 Three Oaks Foundation retains all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or rights not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as otherwise specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has agreement. 8.03 Three Oaks Foundation agrees that it will not exercise the foregoing right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject contrary to the grievance and arbitration express provisions of this Agreement. The foregoing statement In the event it is alleged that Three Oaks has exercised any of the foregoing rights of management and of Employer functions are not all-inclusive, but indicate contrary to the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date express provisions of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the matter may be made a subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtya Grievance.

MANAGEMENT RIGHTS. The Employer retains the exclusive right to manage the business, to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except exercised except as expressly modified or restricted specifically limited by a specific provision the express terms of this Agreement. Such prerogatives shall include, but not be limited to, the sole and exclusive rights to: : a) Hire, promote, demote, layoff, assign, transfer, suspend, discharge and discipline employees for just cause; b) Set pay rates, hiring rates, pay plans, wage increases, and set incentive plans for employees; determine ; c) Determine employee benefits; determine overtime rules; select ; d) Select and determine the number of its employees, including the number assigned to any particular work or work unit; to ; e) To increase or decrease that number; direct and schedule the workforce; determine the location and type of operation; determine ; f) Determine and schedule when overtime shall be worked; install or remove equipment; discontinue ; g) Discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract ; h) Subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer ; i) Transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; ; j) Subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; k) Transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; l) Determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require ; m) Require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue ; n) Discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce ; o) Introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish; p) Establish, change, combine or abolish job classifications; transfer ; q) Transfer employees, either temporarily or permanently, within programs and/or job classifications; determine ; r) Determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect respects carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees management and supervisory personnel at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers Employees covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workersEmployees, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtyten (10) days of notice of the change.

MANAGEMENT RIGHTS. (a) The Union recognizes and acknowledges that all management rights and prerogatives are vested with the Employer unless specifically abridged in this collective agreement and without limiting the generality of the foregoing, the functions of the Employer shall include the following rights: (i) to determine and establish standards and procedures for the care, welfare, safety and comfort of the residents of the residence; (ii) to maintain order, discipline, efficiency and in connection therewith to establish and enforce reasonable rules, regulations, policies and practices from time to time to be observed by its employees. The Employer retains reserves the exclusive right to manage the business, amend or introduce new rule(s) from time to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned hereintime, and whether such rules will be made available to employees in advance of the date such new rule(s) are to be into effect, so that employees and the Union may request discussion or not heretofore exercised. Except as expressly modified or restricted by a specific provision of this Agreement. Such prerogatives shall includeseek clarification;‌ (iii) to select, but not be limited tohire, the sole and exclusive rights to: Hireretire, transfer, lay off, recall, promote, demote, layoffclassify, assignassign duties, transferdischarge, suspend, discharge and suspend or otherwise discipline employees for just cause, provided that a claim that an employee who has completed probation has been discharged or disciplined without just cause may be the subject of a grievance and set incentive plans for employees; dealt with as hereinafter provided; (iv) to determine employee benefits; determine overtime rules; select the nature and determine kind of business conducted by the Employer, the kinds and locations of its operations, the services to be rendered, the kinds or machines to be used, the methods of operating and control of materials or goods to be used; (v) to have the right to plan, direct and control the work of the employees and the operations of the Employer. This includes the right to introduce new and improved methods and facilities, equipment, and to direct and control the amount of supervision necessary, combining or splitting up of departments, or classifications, or work locations, work schedules, and the increase or reduction of personnel in any particular area, or on the whole, and the number of its employeesemployees required for the Employer's purposes and to reduce or increase normal hours of work per day or per week and to establish starting and quitting times; (vi) to determine the services to be supplied, including the standard of service, the number assigned to any particular work or work unitof shifts, job content and requirements; to increase or decrease that number; direct and schedule the workforce; determine the location and type qualifications of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue the operation of the business by sale or otherwise, in whole or in part at any time; subcontract bargaining-unit work, determine the methods, procedures, materials and operations to be utilized or to discontinue their use; transfer or relocate any or all of the operations by sale or otherwise, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and the standard of performance. (b) It is agreed and understood that these rights shall be exercised in all respect carryout, in addition, a manner consistent with the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically abridged, altered or modified by the express terms of this Agreement. The provisions of this Agreement do not prohibit the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirty.

MANAGEMENT RIGHTS. ‌ 7.01 The Employer retains Union acknowledges that it is the exclusive right to manage function of the businessEmployer: 1. To determine and establish standards and procedures for the care, to directwelfare, control safety and schedule its operations and work force comfort of the residents in the home, and to make any maintain order, discipline and all decisions affecting efficiency and in connection therewith to establish and enforce rules and regulations, policies and practices from time to time to be observed by its employees and to alter such rules and regulations provided that such rules and regulations shall not be inconsistent with the business, whether or not specifically mentioned herein, and whether or not heretofore exercised. Except as expressly modified or restricted by a specific provision provisions of this Agreement. Such prerogatives shall include, but not be limited toIt is agreed that prior to altering any present rules and regulations, the sole said new rules and exclusive rights to: Hireregulations shall first be approved and signed by the Executive Director after which they shall be discussed in detail with the Union Committee and an opportunity afforded to the said Committee to make representation to the Executive Director. 2. To hire, discharge, transfer, lay-off, recall, promote, demote, layoffclassify, assignassign duties, suspend or otherwise discipline employees. Claims of discriminatory transfer, suspendpromotion, demotion or classification, or claims that an employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject matter of a grievance and dealt with as hereinafter provided. The discharge and discipline employees and set incentive plans for employees; determine of a probationary employee benefits; determine overtime rules; select and determine shall be at the number sole discretion, on a rational basis, of its employeesthe Employer. 3. To control the direction of the working forces, including the number assigned right to any particular work or work unit; to increase or decrease that number; plan, direct and schedule the workforce; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; discontinue control the operation of the business by sale or otherwisehome, in whole or in part at any time; subcontract bargaining-unit work, determine the right to introduce new and improved methods, proceduresfacilities, materials equipment, the amount of supervision necessary, combining or splitting up of departments, work schedules, the number of employees required for the Employer's purposes and operations to be utilized the increase or to discontinue their use; transfer or relocate reduction of personnel; 4. To exercise any or all of the operations by sale rights, powers, functions or otherwise, in whole or in part, at any time; determine authorities which the work duties Employer had prior to the signing of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require that duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new or improved methods or facilities, regardless of whether or not the same cause a reduction in the working force; establish, change, combine or abolish job classifications; transfer employees, either temporarily or permanently, within programs and/or job classifications; determine job qualifications, work shifts, work pace, work performance levels, standards of performance, and methods of evaluation of the employees, and in all respect carryout, in addition, the ordinary and customary functions of management, all without hindrance or interference by the Union this Agreement except as those rights, powers, functions or authorities are specifically abridged, altered abridged or modified by this Agreement. It is agreed that such rules will be posted on the express bulletin board and a copy supplied to the Union Committee. 7.02 It is agreed and understood that these rights shall not be exercised in a manner inconsistent with the terms of this Agreement. The provisions of this Agreement do not prohibit ; a claim that the Employer from directing any person not covered by this Agreement from performing any task. The Employer, therefore, has the right to schedule its non-bargaining unit employees at any time; however, non-bargaining unit employees shall not customarily do bargaining unit work. The selection of supervisory personnel so exercised these rights shall be the sole responsibility proper subject matter of the Employer and shall not be subject to the grievance and arbitration provisions of this Agreement. The foregoing statement of the rights of management and of Employer functions are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent in management and shall not be construed in any way to exclude other Employer functions not specifically enumerated. The Employer shall maintain the wages of workers covered by this Agreement, as of the effective date of this Agreement, unless explicitly modified by the terms of this or any subsequent Agreement. The Employer shall have the unilateral right to modify the terms or conditions of employment of covered workers, which are not the subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to meet and discuss the changes with the Employer, if requested by the Union within thirtya grievance.