Common use of MANAGEMENT RIGHTS Clause in Contracts

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior The Employer has the right to manage its operations, unless expressly limited in this Agreement. The Association recognizes that the execution Employer has the obligation of this Agreement serving the public with the Unionhighest quality of medical care, efficiently and economically, and/or meeting medical emergencies. The Association further recognizes the rights right of the Employer to operate and manage were the hospital including but not limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are to the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance performance, quality and productivity and to maintain order and efficiency and to determine the competency of employeesefficiency; to direct employees nurses and to determine job assignmentsassignments and working schedules, including the floating breaks and temporary reassignment of employeesshifts; to determine the working schedulesmaterials and equipment to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine the kind and location of facilities; to determine whether the whole or any part of the operation or job classifications shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontractedoperate; to implement changes in operational methods and proceduressubcontract; to establish new or different operations within or external to existing facilities to determine educational standards and qualification requirements; to select and hire nurses; to promote and transfer nurses; to require applicant or employee medical/psychological testing, including drug and alcohol testing (unless inconsistent with specific agreements negotiated with the kind Association); to discipline, demote or discharge nurses for just cause; to discharge probationary employees for any reason; to lay off nurses for lack of work; to recall nurses; to require reasonable overtime work of nurses; and location of its facilities to promulgate rules, regulations and where its services will be performed. The matters set forth herein personnel policies, provided that such rights shall not be subject exercised so as to arbitration. Assignment of unit work to employees violate any of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the specific provisions of this Agreement Agreement. The parties recognize that the above statement of management responsibilities should not be construed as restrictive or interpreted so as to exclude those prerogatives not mentioned which are inherent to the management function. The terms and conditions of employment set forth in the Employer’s Employee handbook (as amended from time to time) shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides made available to subcontract unit work employees electronically and the contract will reduce Employer’s general Human Resources Policies and Procedures shall govern the hours available to employment of employees covered by this AgreementAgreement to the extent that such terms are not inconsistent with this Agreement (in which case the Agreement shall govern in the event of any conflict). Notwithstanding any provision of the Handbook to the contrary, the Employer will give shall notify the Union at least thirty (30) 15 business days advance written noticeprior to any improvements or other changes to “national” benefits such as 401(k), tuition reimbursement; leaves of absences; life or disability coverage; performance awards; and the like. During this notice periodUpon request, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date parties shall negotiate these improvements if this Agreement does not provide for or the Employer advises does not propose that such improvements be made applicable to the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesEmployees.

MANAGEMENT RIGHTS. Section 4.1 Prior to 2.1 The Guild recognizes and acknowledges that the execution of this Agreement with the Union, the rights management of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights direction of the Employer have not been limited or abridged by this Agreementwork force is at the sole discretion of the Employer. Without limiting restricting the generality of the foregoing, the parties agree Guild acknowledges that among it is the rights exclusive responsibility of the Employer which are not abridged to: (a) maintain order, discipline and efficiency; (b) hire, assign work or limited by this Agreement are the right to determine duties, promote, demote, classify, transfer, lay‐off and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of recall employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole ; (c) discipline or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit discharge employees who are qualified have successfully completed their probationary period for just cause; (d) release employees without just cause during the probationary period; (e) make, enforce and alter, from time to perform time, reasonable rules and regulations to be observed by the work. All matters employees provided such rules and regulations do not covered by conflict with the provisions of this Agreement shall be administered collective agreement; (f) determine the nature and kind of business conducted by the Employer, equipment to be used, the methods and techniques of work, the content of jobs, the scheduling of jobs, the scheduling of employees to be employed, the extension, limitation, curtailment or cessation of operations or any part thereof including the closing of any facility, or part thereof and to determine and exercise all other functions and prerogatives; and, (g) establish and administer reasonable tests for the purpose of assisting the Employer on a unilateral basisand determining an employee’s qualifications. Section 4.2 2.2 The Employer agrees that it will not exercise its functions in a manner inconsistent with the express provisions of the Agreement which shall serve as the only limitations upon such functions provided the Employer exercises its rights in a manner that is fair and reasonable. 2.3 In the event that a new job classification is created or in the Employer decides to subcontract unit work event of a significant change in the duties and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodresponsibilities of a position, the Employer and Union the Guild will meet to discuss and consider alternatives attempt to contracting out agree upon the workproper classification and salary scale for the position. Such discussion will Failing agreement, the matter may be concluded within twenty (20) working days from the date referred to arbitration for a final and binding determination. 2.4 The Guild recognizes that the Employer advises shall have the Unionexclusive right to assign work and to determine from time to time and at any time, in writing, that a decision the person or classification to subcontract is likelywhich its work shall be assigned. The use assignment of temporary staffing work to a particular person or classification shall not limit the right of the Employer to re‐assign such as agency work to another person or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesclassification.

MANAGEMENT RIGHTS. Section 4.1 Prior Except to the execution extent abridged, delegated, granted or modified by a provision of this Agreement, the Employer reserves and retains the responsibility and authority that the Employer had prior to the signing of this Agreement, and these responsibilities and authority shall remain with management. 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 in Graymont PA, Inc. 364 NLRB No. 37 (June 29, 2016) in order 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. The Employer shall have the right to propose to modify the terms or conditions of employment of covered workers, which are not subject of explicit terms of this Agreement with or any subsequent Agreement, after notice of such change to the UnionUnion and an opportunity to bargain over proposed changes, if requested by the Union within thirty (30) days of notice of the change. The right to manage includes, but is not limited to, the rights right to hire, assign, transfer, promote, demote, layoff, suspend, discharge and discipline Bargaining Unit Employees for just cause; select and determine the number of its Bargaining Unit Employees, including the numbers assigned to any particular work; 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 Bargaining Unit Employees; promulgate, post and enforce reasonable rules and regulations governing the conduct and act of bargaining unit employees during working hours; require that duties other than those normally assigned to be performed temporarily for coverage if necessary; select supervisory Bargaining Unit Employees, train 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; establish, change, combine or abolish job classifications and transfer Bargaining 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 Bargaining Unit Employees, and in all respect carry out, in addition, the ordinary and customary functions of management. The Employers' failure to exercise any function or responsibility hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of its responsibility to exercise such function or responsibility, nor preclude the Employer to manage were limited only by applicable federal from exercising the same in some way not in conflict with this Agreement. The terms and state law. Except as specifically conditions of employment set forth in the prevailing Employer’s Employee Handbook shall govern the employment of employees covered by this Agreement when such Handbook’s policies do not directly conflict with any express provision of this Agreement. It is understood that the Agreements' provisions shall govern in the event of any conflict. Following ratification of this Agreement, the Employer will provide the Union with a copy of any subsequent change to the Employee Handbook and the Union shall have the right to grieve any such change that directly conflicts with an express provision of this Agreement, . The Employer has the parties agree right to schedule its non-bargaining unit employees at any time. The selection of supervisory personnel shall be the management rights sole responsibility of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the grievance and arbitration provisions of this Agreement shall be administered by the Employer on a unilateral basisAgreement. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement 6.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Union, Employer except as limited by the rights provision of the Employer to manage were limited only by applicable federal Agreement and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) to maintain order, discipline, efficiency and in connection therewith to establish reasonable rules and regulations, enforce and alter from time to time rules and regulations to be observed by the employees. Recognizing that rules and regulations will change from time to time, given the needs of the business, the parties agree Employer will apprise and discuss with the Union any such changes; (b) to select, hire, transfer, layoff, recall, promote, demote, classify, assign duties, establish qualification, dismiss, suspend or otherwise discipline employees, provided that among the rights a claim that an employee who has been dismissed or otherwise disciplined without just cause may be subject of the Employer which are a grievance under Articles 9 and 10 of this Agreement. All other matters not abridged or limited by otherwise dealt with elsewhere in this Agreement are solely and exclusively the responsibility of the Employer; (c) generally to operate and manage its business in all respects and in accordance with its discretion, commitments, obligations and responsibilities. The right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees requiredrequired from time to time, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject operations, the methods of execution, to arbitration. Assignment decide on expansion, cutbacks, or the termination of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by operations in compliance with the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the content of jobs, the standards or performance, the methods, procedures, machinery and equipment to be used, schedules of work, and all other matters concerning the Employer's operations not otherwise dealt with elsewhere in this Agreement are solely and exclusively the responsibility of the Employer. 6.02 The Employer will give agrees that in the exercise of these rights it shall at all times be governed by the terms of this Agreement. 6.03 The Union at least thirty (30) days advance written notice. During this notice period, acknowledges that the Employer and Union will meet the employees are required to discuss comply with the Private Security and consider alternatives Investigative Services Act, 2005, as amended from time to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeestime.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the UnionIt is agreed that, the rights of the Employer to manage were except as limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give management of Departments and Agencies in the Bargaining Unit shall inhere in the Employer. Management rights include, but are not limited to, the right, without engaging in negotiations, to: Determine matters of managerial policy; mission of the Agency; budget; the method, means, and personnel by which the Employer’s operations are to be conducted; organization structure; standards of service and maintenance of efficiency; the right to select, promote, assign, or transfer employees; discipline employees for just cause in accordance with this Collective Bargaining Agreement; and in cases of temporary emergency, to take whatever action is necessary to safeguard employees in accordance with MIOSHA Safety Standards, and carry out the Agency’s mission. Make reasonable work rules which regulate performance, conduct, and safety and health of employees, provided such work rules shall be reduced to writing and furnished to the Union at least thirty ten (3010) work days in advance written noticeof their effective date. During this notice periodAdditionally, work rules will be made available to each Bargaining Unit employee subsequent to the Union’s review and prior to their effective date. This Agreement, including its supplements and exhibits attached hereto (if any), concludes all primary negotiations between the parties during the term hereof and satisfies the obligation of the Employer and the Union will meet to discuss and consider alternatives to contracting out bargain during the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionterm of this Agreement, except as otherwise provided in writing, that a decision to subcontract is likelythis Agreement. The use Union acknowledges and agrees that the bargaining process, under which this Agreement has been negotiated, is the exclusive process for affecting terms and conditions of temporary staffing employment at both primary and secondary levels, and such as agency or traveler staff, will terms and conditions shall not be construed as contracting unit work addressed under Civil Service Rules and Regulations. The parties agree that by mutual agreement they may reopen for negotiations any portions of this Agreement. The parties acknowledge that during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any negotiable subject or as an assignment to non-bargaining unit employeesmatter, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal 8.1 The Contractor(s) retains full and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree exclusive authority for the management rights of the Employer have not been limited or abridged by their work forces for all work performed under this Agreement. Without limiting the generality of the foregoingThis authority includes, the parties agree that among the rights of the Employer which are but is not abridged or limited by this Agreement are to the right to determine to: A. Plan, direct and re-determine control the composition operation of its work force, including all the mix work. B. Decide the number and types of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the workwork safely and efficiently. All matters not covered by The lawful staffing provisions of the applicable Master Agreement shall be recognized. C. Hire, promote and layoff employees as deemed appropriate to meet work requirements and/or skills required. D. Require all employees to observe the District and Contractor Project Rules, Security and Safety Regulations, consistent with the provisions of this Agreement Agreement. These Project Rules and Regulations shall be administered reviewed and mutually agreed upon at the Pre-Job meeting and supplied to all employees and/or posted on the jobsite. E. Discharge, suspension or discipline will be handled under the applicable craft agreement. Assign and schedule work at its sole discretion and determine when overtime will be worked. There shall be no refusal by a craft to perform work assigned, including overtime work. However, individual craftspeople shall not be required to work overtime unless specifically dispatched for overtime work. Any cases of a craft's refusal to work overtime shall be subject to the Employer grievance procedure. G. Utilize any work methods, procedures or techniques and select and use any type or kind of materials, apparatus or equipment regardless of source, manufacturer or designator (in accordance with Article 2). H. The foregoing listing of management rights shall not be deemed to exclude other functions not specifically set forth herein. The Contractors, therefore, retain all legal rights not specifically enumerated in this Agreement. 8.2 All workers employed or otherwise used on a unilateral basis. Section 4.2 In Project shall comply with the event the Employer decides District's Drug and Alcohol-Free Workplace Policy (BP 4020) and Employee Drug Testing Policy (BP 41 12.41, 4212.41, 4312.41) and applicable regulations as amended from time to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreementtime. If not otherwise specified, the Employer will give the Union at least thirty drug testing protocol shall be in compliance with 49 Code of Federal Regulations (30CFR) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty section 382.105 (20Testing procedures) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeeswhich incorporates 49 CFR Part 40.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution 16.1 Each of this Agreement with the Union, the rights described below shall be vested exclusively in FIU subject only to such restrictions governing the exercise of these rights as expressly provided in this Agreement. 16.2 The management of personnel and the direction of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including but not limited to the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; exclusive rights to determine whether the whole all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to remove the operation shall continue or any part thereof to operate any location; to establish new jobs; to abolish or change existing jobs and whether to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and what methods of operation to introduce new materials, equipment, services or facilities; to assign work will to be performed by performed; to assign or reassign employees to shifts, increase or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job, shift to shift or campus to campus either on a permanent or temporary basis; to evaluate and direct the work of the Employer who are employed under employees covered by this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in maintain, enforce, rescind or change FIU or departmental policies, procedures, rules of conduct, orders, practices, and directives not inconsistent with this Agreement; to establish or change operational methods and proceduresstandards; to determine the kind services to be provided by FIU and location its personnel; to lay off employees as provided in Article 5; to establish requirements for employment; to promote and demote employees; and to have complete authority to exercise those rights and powers incidental thereto, including the right to alter or vary past practices as FIU may determine to be necessary for its orderly and efficient operation. Each of the rights described above shall be vested exclusively in FIU, subject only to such restrictions governing the exercise of these rights as are expressly and specifically provided in this Agreement. 16.3 The University’s failure to exercise any right hereby reserved to it or its facilities and where its services will be performed. The matters set forth herein exercising any right in a particular way shall not be subject deemed a waiver of its right to arbitration. Assignment exercise such right, nor preclude FIU from exercising the same right in some other way not in conflict with the express provisions of unit work to employees of the Employer outside of the bargaining unit will not cause this Agreement. 16.4 If a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by civil emergency is declared under State law, the provisions of this Agreement may be suspended by FIU during the time of the declared emergency, provided that the wage rates and monetary fringe benefits shall not be administered suspended. 16.5 It is understood by the Employer on a unilateral basisparties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the direction of management, may be required to perform other job-related duties not specifically contained in their job description. Section 4.2 In 16.6 The Union agrees that its members shall comply with all rules and regulations, including those relating to conduct and work performance. 16.7 The parties also recognize that pursuant to the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by Management Rights clause of this Agreement, FIU has the Employer will give the Union at least thirty (30) days advance written notice. During right to amend and modify its rules and to implement reasonable rules and regulations except as expressly provided in this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesAgreement.

MANAGEMENT RIGHTS. Section 4.1 Prior 5.1 The Union recognizes the right of the employer, subject to the execution any provisions of this Agreement with expressly governing such rights, to hire, direct, classify, transfer, promote, demote, lay-off and to: a) Discipline or suspend, or discharge for just and sufficient cause, any employee who has completed the Unionprobation period; and b) Discipline, suspend or discharge any probationary employee for any reason satisfactory to the rights Employer, provided the Employer does not act in bad faith or in an arbitrary or discriminatory manner. 5.2 The Union recognizes the right of the Employer to manage were limited only the operation and to make, enforce and amend, from time to time, rules and regulations to be observed by applicable federal the employees. Such rules and state law. Except as specifically regulations shall be made available to employees. 5.3 Publication of these rules and regulations does not mean or imply any limitation on the employer to add to, delete from, or amend any of the existing rules and regulations. 5.4 The Employer agrees that the rights set forth by an express provision of in this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein Article shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause exercised in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Agreement and recognizes the right of the Union and or the employees to the grievance procedure hereinafter provided. 5.5 The Company agrees that no employee shall be administered dismissed from the Company’s service until a fair and impartial hearing has been held. At any such hearing, an employee shall be represented by a representative of the Employer on a unilateral basisUnion. Section 4.2 In 5.6 Letters of reprimand, adverse reports, verbal or written disciplinary warnings, disciplinary suspension or driving offences shall remain in an employee’s file. Only those items within a 12 month period may be used for progressive discipline. The exception to this article is preventable accidents which shall remain at the event twenty-four (24) month period. With respect to the Employer decides Company’s obligation to subcontract unit work consider all complaints received about a driver; management will take into consideration the source of the complaint when determining what, if any, action to take resulting from the complaint. The Company will verify and investigate the complaint to the best of their ability. The Chairperson or his designate shall be present at all interviews with complainants when a complaint regarding a driver is being investigated. 5.7 The Chairperson and/or Vice-Chairperson of the Union and the contract Branch Location Manager, or his designate, of First Student Canada, will reduce the hours available to employees covered by this Agreement, the Employer will give sign all letters of understanding. 5.8 The Company and the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionagree that no employee shall, in writingany manner, that a decision be discriminated against or coerced, or strained or influenced on an account of membership in the Union or any labour organization, or by reason of any activity in the Union or any labour organization. 5.9 Any employee may request in writing to subcontract is likelytheir manager to review his/her own file. The use manager, who shall be present at the time of temporary staffing such as agency review, shall accommodate such request. An employee’s response to a complaint, accusation or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesexpression of dissatisfaction shall become part of his/her record.

MANAGEMENT RIGHTS. Section 4.1 Prior All the rights, duties and prerogatives of the employer to manage, control and direct its business operations and activities are vested in and retained by the execution of this Agreement with the Unionemployer, including, the rights assignment and direction of its employees. The employer shall be the sole judge of the Employer number and classifications of employees required to manage were limited only by applicable federal perform work subject to this agreement. The employer shall have the absolute right to hire, promote, suspend, discharge or lay off employees at their discretion, and state lawto reject any applicant for employment. Except as specifically set forth by an express provision of this AgreementIf the employee is considered “ineligible for rehire”, the parties agree employer is to inform the management rights of Union in writing. When the Employer have not been limited or abridged by this Agreement. Without limiting has notified the generality of the foregoingUnion in writing that a worker is ineligible for rehire, the parties agree that among Employer shall not be required to rehire the rights of the Employer which worker if dispatched at a later date unless they elect to do so. Applicants who are not abridged eligible for rehire shall not be entitled to show up time or limited other compensation unless they are employed. The number of employees required to perform any operation covered by this Agreement are shall be determined by the right to determine and re-determine the composition of its work forceemployer provided that if an employer, including the mix of employees required and the composition of work teams; to determine in determining the number of employees requiredlowers the number of employees customarily used to perform any operation, the Union may have the issue of such reduction in employees resolved by the grievance and arbitration procedure provided in Article 7 of this Agreement. In resolving such disputes, consideration shall be given to the necessity for additional employees as well as to other pertinent factors. Because the employer and the Union recognize the necessity of eliminating restrictions on production and promoting efficiency, nothing shall be permitted that restricts production or increases the time required to do the work, and its staffing requirements no limitation shall be placed upon the amount of work which an employee shall perform, nor shall there be any restriction against the use of any kind of machinery, tools or labor-saving devices; provided, however, that no employee shall be required to work under conditions that are injurious to his health or safety or are in conflict with present well established customs regulating such use. This agreement supersedes all existing labor agreements heretofore in effect between the employers and criteria; the right union. No employer signatory to determine and require standards of performance and this agreement shall be required to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole pay higher wages or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work less favorable working conditions than those applicable to other employers with employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered represented by the provisions of this Agreement shall be administered by the Employer on a unilateral basisunion performing similar work. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. 8.1 Except as specifically set forth limited by an express provision expressed provisions of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are School Board reserves the right to determine and re-exercise management prerogatives to include, but not be limited to: unilaterally determine the composition standards of service to be offered by it; set the standards of selection of employees; select employees; direct and assign its employees; take disciplinary action; relieve its employees from duties because of lack of work forceor other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, including means and personnel by which its operations are to be conducted; determine the mix content of employees required job descriptions (to the extent the provisions do not primarily effect the terms or conditions of employment); allocate and reorganize positions and staffing; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the composition facilities, methods, means and technology of performing its work. 8.2 Nothing in this Agreement shall require the District to keep offices open in the event of inclement weather, an emergency, or when otherwise prevented by an act of God. When the schools are closed to students due to the above conditions, Staff Members shall not be required to report to their job assignments. However, if a Staff Member is part of a skeleton staff, as defined by the Superintendent and Association, which is required to work teams; on those days, and does not report for work, they shall suffer loss of salary for actual hours missed. 8.3 When the schools are closed to determine students due to inclement weather, all Staff members may use up to 2 personal days or pre-scheduled sick days accruing under section 16.1 to receive pay for up to 2 inclement weather days. Application for such personal days must be made in writing within one week after school opens again. Staff members not reporting for work and not a part of the skeleton staff will be required to make up thetime whenthestudent’s calendar is adjusted, andtheywill be required to work the number of employees required, days and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work hours specified in each contract. An absence will be performed by employees of not considered pre-scheduled if it is submitted less than 24 hours prior to the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine Superintendent closing the kind and location of its facilities and where its services will be performedbuilding. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of Superintendent may waive the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer 24 hour requirement on a unilateral case by case basis. Section 4.2 In 8.4 The Superintendent will notify building administration if members of the event skeleton crew are not required to report to work on inclement weather or other emergency day. Communication with the Employer decides to subcontract unit work and employees will be determined at the contract will reduce building level in conjunction with the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the workAssociation. Such discussion days will be concluded within twenty (20) working days from paid at the date employee’s hourly rate for regular number of scheduled hours. 8.5 For the Employer advises the Unionpurposes of this article, in writingCategory Coverage, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staffdefined by Article X, will not be construed as contracting unit apply to days when the skeleton crew is expected to work or as an assignment days when students are expected but not present. 8.6 A Staff Member commencing work prior to non-bargaining unit employeesFebruary 1 of the school year and working to the end of the school year, who is eligible based on the current Agreement, shall receive a step increase the following year. A Staff Member commencing work on February 1 or later in the school year shall not receive a step increase for the following year, shall remain at his/her current step, in accordance with the salary schedule in Appendix A, and shall not receive a decrease in pay the following year.

MANAGEMENT RIGHTS. Section 4.1 Prior 3.01 The Company retains the sole right to manage the execution affairs of this Agreement with the Union, business and to direct the working force. The following enumeration of management rights shall not be deemed to exclude other rights of the Employer to manage were limited only by applicable federal and state law. Except as management not specifically set forth by an express provision of this Agreementforth. The Company, the parties agree the management therefore, retains all rights of the Employer have not been limited or abridged otherwise specifically restricted by this Agreement. Without limiting the generality Such functions of the foregoingmanagement include, the parties agree that among the rights of the Employer which but are not abridged or limited by this Agreement are to: the right to determine all methods of selling, marketing, producing, warehousing, distributing, merchandising, and re-advertising of products including pricing of products; the right to introduce or test new or improved sales, distribution, production methods; the right to establish, assign, alter, changes, adjust, discontinue and combine sales territories and routes; the right to add new products or cancel existing products and to adjust territories and routes due to the addition or subtraction of such products; the right to determine the composition location and number of its work force, including production and distribution facilities; the mix of employees required right to determine the sales areas the Company will service and the composition customers in such areas where it will serve; the right to allocate and assign work or transfer work out of the bargaining unit; the right to allocate and assign work teamsor transfer work from one department to another; the right to establish standards and to maintain the efficiency of employees; the right to introduce new or improved production methods, or facilities; the right to reduce the workforce; the right to determine the number of employees required, required to perform job or function; the right to assign employees to a job or shift and its staffing requirements to rearrange jobs and criteriafunctions to eliminate slack and idle time; the right to determine the amount of overtime and require standards the assignment of performance overtime to the employees; the right to plan and schedule production; the right to schedule shifts, work hours and work week; the right to abolish past work customs and practices; the right to hire, fire, transfer, promote or demote employees; the right to lay off, terminate or otherwise relieve employees from duty; the right to make and enforce rules for the maintenance of discipline; the right to suspend, discharge or otherwise discipline employees for cause and to maintain order take such other measures as the Company may determine to be necessary to the orderly, efficient or economical operation of its business; the right to subcontract work; the right to establish and efficiency administer tests; the right to require medical examination; the right to change and adjust scheduling of territories and routes; the right to change and eliminate geographical sectors; the right to curtail, sell or lease the business or any part thereof; the right to discontinue or merge departments; the right to adjust, reduce or increase machine speeds; the right to introduce new jobs and the rates to paid with respect to them during the contract term; the right to determine the competency of employeesprocesses and materials to be employed; the right to direct employees and discontinue processes or operations or to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed discontinue their performance by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontractedCompany; to implement changes in operational methods and procedures; the right to determine the kind number of cases and location the number of its facilities customers' that Delivery Merchandiser is to deliver and where its services will be performed. The matters set forth herein shall not be subject call on, on a daily basis with or without a helper; the right to arbitration. Assignment assign vehicles; the right to deduct for settlement sheet shortages from any employee who has been assigned responsibilities of unit work to employees a route and who has signed an issue slip accepting responsibility of the Employer outside of merchandises; the bargaining unit will right to deduct from any employee who has accepted a not-sufficient fund cheque where it has been specified that not cause a layoff of bargaining unit employees cheques should be accepted from an account; the right to deduct from any employee who are qualified has extended credit where it has been specified that no credit should be given to perform an account; the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides right to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency establish House Accounts or traveler staff, dock pick-up accounts-direct warehouse accounts which will not be construed as contracting unit work the responsibility of the presales rep and for which he will not receive commissions; the right to establish House Accounts or as dock pick-up accounts-direct warehouse accounts which will be delivered by employees selected by the Company or Agents of the purchaser; the right to have delivery personnel sort empty bottles returned to plant; the right to cut off all employee benefit plans in the event of a strike; the right to determine financial and administrative policies, including general accounting procedures and customer relations; the right to determine qualifications required by an assignment employee to non-bargaining unit employeesperform any particular job. The listing of specific rights in this Agreement is not intended to be, nor shall be restrictive of or a waiver of any of the rights of management not listed and specifically surrendered herein whether or not such rights have been exercised by the Company in the past. The Company agrees that these functions will be exercised in a manner not inconsistent with any article or section of this Agreement.

MANAGEMENT RIGHTS. Section 4.1 Prior 2.01 The Union recognizes the right of the Company to hire, promote, transfer, demote, retire under the provisions of the Pension Plan and lay off employees and to suspend, discharge or to otherwise discipline employees for just cause subject to the execution right of this Agreement any employee to lodge a grievance in the manner and to the extent as herein provided. An employee who has not completed his probation may be discharged if Management determines that he is unsuitable for employment with the Union, company. 2.02 The Union further recognizes the rights right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency in its plants and to determine the competency location of employees; its plants, to direct employees and to determine job assignmentsadd, including the floating and temporary reassignment of employees; alter or discontinue any department or operation, to determine the working schedules; products to determine whether be manufactured, the whole or any part scheduling of its production and its methods, processes and means of manufacturing. 2.03 The Union further acknowledges that the operation shall continue Company has the right to operate make and whether alter, from time to time, rules and what work regulations to be observed by employees, which rules and regulations will be performed discussed with the Bargaining Committee before publication. 2.04 Nothing in this agreement shall be deemed to restrict the Management in any way in the performance of all functions of management except those specifically abridged or modified by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. agreement. 2.05 The matters set forth herein Company’s management rights shall not be subject to arbitration. Assignment of unit work to employees of exercised in a manner inconsistent with the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions terms of this Agreement shall be administered by the Employer on a unilateral basisagreement. Section 4.2 In 2.06 The Company shall fix the event wage rate for any new classification which it creates at an amount which the Employer decides Company considers to subcontract unit work and be in line with the contract will reduce wage rates in effect under this agreement on the hours available date when fixed. If the Local Union believes that the wage rate so fixed is not in line with present rates, then it may discuss such new rates with the Director of Human Resources if a request to employees covered by this Agreement, the Employer will give the Union at least do so is made within thirty (30) days advance written noticeof the installations of the new rate. During this notice periodIf within five (5) days of initiating the discussion of the new rate the parties cannot agree, the Employer Local Union may submit the dispute to arbitration in accordance with section 6.07, Step III. In its submission to the arbitrator, the Local Union shall state the rate it proposes for the new classification and Union will meet to discuss the reason it believes the Company’s new rate is out of line with the present rates. If the arbitrator is satisfied that the new rate is out of line, then he may set the rate at such rate as he deems appropriate and consider alternatives to contracting out consistent with the work. Such discussion will be concluded within twenty (20) working days from existing rate, but in no event higher than the date rate submitted by the Employer advises the Local Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior It is understood and agreed that Envision Education retains all of its rights and ability to direct, manage and control its operations to the execution full extent of the law, subject to the specific terms of this Agreement Agreement. While input from the staff will be considered and decisions will be derived in a collaborative model, final decisions will rest with Envision Education in connection with the Unionfollowing, subject to section C below: Determining the legal, operational, governance, and organizational structure of Envision; Determining the mission, intention and overall program design as described in the school’s charter and specifying the instructional delivery model, intervention and remediation programs, and all educational policies, procedures, objectives, goals and programs; Establishing educational policies with respect to admitting students; Determining staffing plans and allocation, including but not limited to hiring, promotion, layoff, or discharge; Ensuring the rights and educational opportunities of all students; Maintain Envision Education’s Employee handbook; Making all decisions regarding the acquisition, disposition, number, location, and utilization of all Envision Education school properties and offices; Establishing the financial structure of Envision Education including investment policies and practices, budgeting procedures and budgetary allocations, reserves and expenditures; Determining the methods of raising revenue; and Taking action on any matter in the event of an emergency. The exercise of the foregoing rights, the rights adoption of policies, rules, regulations and practices in furtherance thereof, and the Employer to manage were use of judgment and discretion in connection therewith, shall be limited only by applicable federal the specific and state law. Except as specifically set forth by an express provision terms of this Agreement. Envision Education recognizes its duty to negotiate with Envision United over the impact on mandatory subjects of bargaining of its exercise of the rights referenced above and its duty to consult with Envision United over matters of consultation as specified in Government Code section 3543.2(a)(3). The parties recognize that in the formative years of a school certain leeway and flexibilities are necessary to build it. They further recognize that for Envision Education to succeed, the parties agree School and Envision United must maintain fluid communication and a willingness to work out issues and concerns with student interests at the management rights basis of the Employer have each decision. Since this Article is not been limited a source of Envision United or abridged by this Agreement. Without limiting the generality of the foregoingEmployee Rights, the parties agree that among the rights of the Employer which are it is not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisgrievance. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to 2.01 The Union recognises and acknowledges that the execution of this Agreement with the Union, the rights management of the Employer to manage were limited only by applicable federal operations and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights direction of the Employer have not been limited or abridged by this Agreement. Without limiting working force are fixed exclusively in the Company, and without restricting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer which are not abridged Company to: (a) hire, promote, demote, determine classifications, transfer, layoff, retire, suspend and rehire employees, and to discipline or limited discharge any Employee for just cause provided that a claim by this Agreement are an Employee that he/she has been discharged or disciplined without just cause may be the right subject of a grievance and dealt with as hereinafter provided (b) make, enforce and alter from time to time rules and regulations to be observed by the Employees (c) maintain order and efficiency (d) determine the nature and kind of business conducted by the Company, the kinds and locations of services, equipment and materials to be used, the control of materials and parts, the methods and techniques of work, job content, standards of production, the schedules of production, the number of Employees to be employed, the extension, limitations, curtailment or cessation of operations or any part thereof, and to determine and re-determine exercise all other functions and prerogatives which shall remain with the composition Company except as specifically limited by the express provisions of its work force, including this agreement. 2.02 The Company agrees that the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters rights set forth herein in this Article shall not be subject to arbitration. Assignment of unit work to employees of exercised in a manner inconsistent with the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the express provisions of this Agreement agreement. 2.03 The Company shall meet with the Union and discuss prior to making or altering written Shop Rules to be observed by employees. 2.04 All written disciplinary warnings shall be administered given to an employee in the presence of a Union Representative. 2.05 If an Employee is to be suspended or discharged for disciplinary reasons the Company shall notify the Chief Xxxxxxx or Xxxxxxx before taking such action, provided one of these Representatives are on the Company's premises at the time. If both the Chief Xxxxxxx or Xxxxxxx are not available the employee may be sent off the premises and a meeting shall be held by the Employer end of the next day shift on a unilateral basis. Section 4.2 which any of these representative are at work, weekends and statutory holidays excluded. In the event the Employer Company decides that no disciplinary action is to subcontract be taken, the employee shall be paid for all regular shifts they would otherwise have worked if they had not been sent off the premises. 2.06 Suspensions or dismissals shall be imposed within ten (10) working days following the infraction unless such disciplinary action will have a negative effect on the normal duties of other bargaining unit work employees. In such cases, the imposition of disciplinary action shall be discussed with the Union prior to disciplinary action being taken and with mutual agreement shall be postponed until such negative effect is minimized or eliminated. If mutual agreement cannot be reached, the discipline shall be imposed within 10 working days following the infraction. Any other disciplinary action shall be imposed within 10 working days following the infraction. 2.07 Neither the Company nor the Union shall refer to any disciplinary action that is more than two years old for employees with less than three (3) years' seniority, and more than one year for employees with three (3) or more years' seniority, providing that in both cases the employee's discipline record has been without incident for a two (2) year or one (1) year period, depending on seniority as outlined above. 2.08 Any written disciplinary report placed in the employee’s file shall not be used against the employee unless a copy has been given to the employee and the contract will reduce Union. 2.09 For the hours available to employees covered by purpose of this Agreement, the Employer will give word Chief Xxxxxxx shall identify a particular person and no one else, where it reads of his/her designate shall mean a particular person appointed either by the Union at least thirty (30) days advance written notice. During this notice period, Chief Xxxxxxx or the Employer International Representative to act in the capacity as Chief Xxxxxxx and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesno one else.

MANAGEMENT RIGHTS. Section 4.1 Prior to The unions understand that the execution Contractor has the complete authority and right to: 1. Plan, direct and control the operation of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state lawall his work. 2. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine Decide the number of employees required. 3. Hire and lay off employees as the Contractor feels appropriate to meet work requirements and/or skills required. The Contractor may hire employees by name, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct who have special skills or have previous experience. 4. Transfer employees and to determine job assignmentswithout restriction or limitations, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole within their own geographical jurisdiction, be it Laborers' Local Union No. 157 or any part of the operation shall continue to operate and whether and what 190. 5. Determine work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; . 6. Determine the number of foremen. 7. Require all employees to determine observe the kind Contractor's and/or owner's rules and location of its facilities regulations not inconsistent with this Agreement. 8. Require all employees to observe all state and where its services will be performedfederal safety regulations prescribed by the Contractor and/or owner and to work safely. 9. Discharge or suspend employees. 10. The matters set forth herein Contractor may, if he desires, maintain a variety of skills within his group of employees to be prepared to have skills and/or supervision for any type of work that may arise. 11. It is understood that all employees will work together harmoniously as a group and as directed by the Contractor. 12. The Unions understand the extreme importance of keeping operating equipment and units running at all times. The Unions also understand that the loss of production and the cost of repairs together create a great loss to the Contractor. Therefore, the Unions will encourage and advise the employees to exhaust every effort, ways and means to perform work of good quality and quantity. The Contractor and the Unions recognize the necessity for eliminating restrictions and promoting efficiency and agree that no rules, customs or practices shall not be subject permitted that limit production or increase the time required to arbitrationdo the work, and no limitation shall be placed upon the amount of work which an employee shall perform, nor shall there be any restrictions against the use of any kinds of machinery, tools or labor-saving devices. 13. Assignment of unit work It is understood by the Contractor and agreed to by the Unions that the employees of this Contractor will perform the Employer outside of work requested by the bargaining unit will not cause a layoff of bargaining unit employees Contractor without having any concern or interference with any other work performed by other trades who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement. 14. Unions shall require all employees to observe the Contractor’s and/or owner’s rules and regulations including, but not limited to, safety, drug testing, cell phone use, smoking, break time, etc – providing they don’t conflict with this Agreement or Federal or State laws and regulations. 15. When requested by the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodEmployer, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that laborers shall work as part of a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees“composite crew."

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union2.1 The Employer hereby retains and reserves unto itself all rights, the rights of the Employer to manage were limited only powers, authority, duties and responsibilities conferred upon and vested in it by applicable federal and state law. . 2.2 Except as specifically set forth addressed in this agreement, the Employer retains all rights, privileges, and authority, including but not limited to the exclusive right to direct and schedule the work force, plan, direct and control operations, and to promulgate and enforce rules and regulations as it may deem necessary in the management, direction and administration of all operations and activities of the college. 2.3 The TSPA will not challenge the performance of exclusive unit work by an express provision other non-unit College employees when such work is a first-time or non-regular occurrence. The College will not permit such work done to result in a layoff of TSPA bargaining unit personnel or a reduction from full-time to part-time status for any TSPA bargaining unit member. The TSPA may not challenge the performance of exclusive unit work by a student-worker of the College, or a seasonal employee of the College, provided no TSPA unit member who performs such work is on layoff or has been reduced from full-time to part-time status. Sub-contracted work through a non-College vendor exclusively performed by TSPA unit members shall remain negotiable between the TSPA and the College on a case by case basis. There shall be no restriction on the College’s use of outside contractors in relation to capital improvements. The College agrees to post a system-wide message to all employees directing they refrain from work normally performed by members of the TSPA bargaining unit. This posting will be made during both the Fall and Spring semester. This section shall supersede any inconsistent provisions of this Agreement, . 2.4 The College shall retain the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the sole right to determine whether and re-determine to what extent TSPA members are assigned to perform work at the composition site referred to as the “Niagara Falls Culinary Institute (the “Institute”).” From the ratification date of its this contract settlement through and including August 31, 2018, the TSPA shall not at any time during that period assert exclusivity over any of the work forceperformed at the Institute, including the mix of employees required and the composition of College shall be permitted to subcontract out any work teams; at the Institute that otherwise would be considered to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedexclusive TSPA work. The matters set forth herein TSPA shall not be subject permitted to arbitrationchallenge the College’s subcontracting of work at the Institute during this period through the contractual grievance/arbitration process, PERB’s improper practice procedure or in any other forum. Assignment This provision shall not apply to any site other than the Institute. On September 1, 2018 the subcontracting of unit work that would be considered exclusive to employees of the Employer outside of TSPA shall cease. The College shall not be permitted to permanently transfer any existing TSPA member (i.e., a TSPA member hired on or before April 10, 2010) to work at the bargaining unit will not cause a layoff of bargaining unit employees who are qualified Institute without such member’s consent, but the College may unilaterally assign an existing TSPA member to perform work at the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer Institute on a unilateral an as-needed basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were limited only its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. All matters not expressly covered by applicable federal and the language of this Agreement or by state law. Except as specifically set forth by an express provision , shall be administered for the duration of this Agreement, Agreement by the parties agree Employer as the management rights Employer from time-to-time may determine. Affairs of the Employer have concerning such prerogative include, but are not been limited to, the following matters: A. The right to establish lawful work rules and procedures. B. The right to schedule work and overtime work, and the methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with the requirements of the public interest. C. The right to hire, transfer, suspend, discharge, lay off, recall, promote, or abridged discipline employees as deemed necessary by the Employer as provided by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the . D. The right to determine the size and re-determine the composition of its the work force, including the mix of force and to assign employees required to work locations and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the shifts. E. The right to determine what responsibilities and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation duties shall continue to operate and whether and what work will be performed by employees Department of Corrections personnel. F. The Employer may transfer, contract or subcontract the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside performed by members of the bargaining unit will covered by this Agreement for reasons of economy, efficiency of operation and/or reorganization. Before transferring, contracting or subcontracting any work as referred to above, the Employer shall first give the Union thirty (30) calendar days written notice and offer to meet and discuss the change. The notice and offer to discuss shall not cause a layoff of bargaining unit employees who are qualified impede or alter the Employer's right to perform the transfer, contract or subcontract work. All matters not covered In the event that the Employer subcontracts work presently being performed by the provisions of bargaining unit, if possible, employees will be placed in similar employment in the County or with the subcontractor G. The parties understand that incidental duties connected with operations, not enumerated in job descriptions, shall nevertheless be performed by the employee when requested by a superior officer. H. The right to take actions as may be necessary to carry out employer's services in emergencies. 4.2 Nothing in this Agreement shall be administered by interpreted to detract or circumscribe the Employer on a unilateral basis. Section 4.2 In trust placed in the event elected officials, in this case the Employer decides to subcontract unit work Board of Yakima County Commissioners and the contract will reduce rights and obligations owed thereby to the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeeselectorate.

MANAGEMENT RIGHTS. Section 4.1 Prior ‌ Except as otherwise specifically provided in this contract, the management and operation of the nursing home, the control of the premises and the direction of the work force are vested with the Employer. Except to the execution of this Agreement with the Unionextent abridged, the rights of the Employer to manage were limited only delegated, granted or modified by applicable federal and state law. Except as specifically set forth by an express a provision of this Agreement, the parties agree Employer reserves and retains the management rights of responsibility and authority that the Employer have not been limited or abridged by had prior to the signing of this Agreement, and these responsibilities and authority shall remain with management. 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. Without limiting The parties intend the generality following Management Rights language to satisfy all legal criteria established by the NLRB in Graymont PA, Inc. 364 NLRB No. 37 (June 29, 2016) in order to allow Employer to unilaterally make changes to specifically identified terms and conditions of the foregoing, the employment. The parties agree that among they discussed, to each party’s satisfaction, the rights 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. During the term of the Employer which Agreement, except when such rights are not specifically abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered modified by this Agreement, Union hereby grants Employer the right and authority to make changes unilaterally (i.e., without giving Union notice and an opportunity to bargain concerning the planned changes) within the following subjects and/or terms and conditions of employment: The Employer will give shall have the right to propose to modify the terms of conditions of employment of covered workers, which are not subject of explicit terms of this Agreement or any subsequent Agreement, after notice of such change to the Union and an opportunity to bargain over proposed changes, if requested by the Union within thirty (30) days of notice of the change. The Employer agrees to notify the Union at least thirty (30) days advance written noticeprior to the effective date of the change. 1. During this notice periodTo manage, direct and control its property and workforce; 2. To conduct its business and manage its business affairs; 3. To direct its employees; 4. To hire; 5. To assign work; 6. To transfer; 7. To promote; 8. To demote; 9. To layoff; 10. To recall; 11. To evaluate performance; 12. To determine qualifications; 13. To discipline; 14. To discharge; 15. To adopt and enforce reasonable rules and regulations; 16. To establish and to effectuate existing policies and procedures including but not limited to a drug/alcohol testing policy; 17. To establish and enforce dress codes; 18. To set standards of performance; 19. To determine the number of employees, the duties to be performed, and the hours and locations of work, including overtime; 20. To determine, establish, promulgate, amend and enforce personal conduct rules, safety rules and work rules; 21. To determine if and when positions will be filled; 22. To establish or abolish positions; 23. To discontinue any function; 24. To create any new service of function; 25. To discontinue or reorganize or combine any department or branch of operations; 26. To evaluate or make changes in technology and equipment. In the event employees request clarification on the application of new technology or use of new or different equipment, the Employer and Union will meet and discuss the issues with the affected employees; 27. To establish shift lengths; 28. To either temporarily or permanently close all or any portion of its facility and/or to discuss relocate such facility or operation; 29. To determine and consider alternatives schedule when overtime shall be worked; 30. To determine the number of employees required to contracting out staff the workfacility, including increasing or decreasing that number; 31. Such discussion will To determine the appropriate staffing levels required at the facility, including increasing or decreasing that number; and, 32. To determine the appropriate mix of employees, by job title, to operate the facility. The Employer’s failure to exercise any function or responsibility hereby reserved to it, or its exercising any function or right in a particular way, shall not be concluded within twenty (20) working days from the date deemed a waiver of its responsibility to exercise such function or responsibility, nor preclude the Employer advises from exercising the Union, same in writing, that a decision to subcontract is likelysome way not in conflict with this Agreement. The use terms and conditions of temporary staffing employment set forth in the prevailing Employer’s Employee Handbook shall govern the employment of employees covered by this Agreement when such Handbook’s policies do not directly conflict with any express provision of this Agreement. It is understood that the Agreement’s provisions shall govern in the event of any conflict. Following ratification of this Agreement, the Employer will provide the Union with a copy of any subsequent change to the Employee Handbook and the Union shall have the right to grieve any such change that directly conflicts with an express provision of this Agreement. Employees shall work as agency or traveler staffdirected by supervisory personnel. Under all circumstances, will the Employer reserves the right to establish the number of employees and the work methods necessary to perform any activity. 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 management and supervisory personnel at any time. The selection of supervisory personnel shall be the sole responsibility of the Employer and shall not be construed as contracting unit work subject to the grievance and arbitration provisions of this Agreement. None of these rights shall be exercised in an arbitrary or as an assignment to non-bargaining unit employeescapricious manner.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were limited only its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. All matters not expressly covered by applicable federal and the language of this Agreement or by state law. Except as specifically set forth by an express provision , shall be administered for the duration of this Agreement, Agreement by the parties agree Employer as the management rights Employer from time-to-time may determine. Affairs of the Employer have concerning such prerogative include, but are not been limited to, the following matters: A. The right to establish lawful work rules and procedures. B. The right to schedule work and overtime work, and the methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with the requirements of the public interest. C. The right to hire, transfer, suspend, discharge, lay off, recall, promote, or abridged discipline employees as deemed necessary by the Employer as provided by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the . D. The right to determine the size and re-determine the composition of its the work force, including the mix of force and to assign employees required to work locations and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the shifts. E. The right to determine what responsibilities and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation duties shall continue to operate and whether and what work will be performed by employees Department of Corrections personnel. F. The Employer may transfer, contract, or subcontract the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside performed by members of the bargaining unit will covered by this Agreement for reasons of economy, efficiency of operation and/or reorganization. Before transferring, contracting or subcontracting any work as referred to above, the Employer shall first give the Union thirty (30) calendar days written notice and offer to meet and discuss the change. The notice and offer to discuss shall not cause a layoff of bargaining unit employees who are qualified impede or alter the Employer's right to perform the transfer, contract or subcontract work. All matters not covered In the event that the Employer subcontracts work presently being performed by the provisions of bargaining unit, if possible, employees will be placed in similar employment in the County or with the subcontractor G. The parties understand that incidental duties connected with operations, not enumerated in job descriptions, shall nevertheless be performed by the employee when requested by a superior officer. H. The right to take actions as may be necessary to carry out employer's services in emergencies. 4.2 Nothing in this Agreement shall be administered by interpreted to detract or circumscribe the Employer on a unilateral basis. Section 4.2 In trust placed in the event elected officials, in this case the Employer decides to subcontract unit work Board of Yakima County Commissioners and the contract will reduce rights and obligations owed thereby to the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeeselectorate.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union acknowledges that the execution of this Agreement with Company has all the Union, the normal and usual rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of in running its work forcebusiness in all respects according with its obligation, including the mix following: maintain order, discipline and efficiency; hire, discharge, promote, suspend or otherwise discipline employees, provided that a claim for an employee that he has been discharged, disciplined or otherwise unjustly dealt with may be the subject of employees required a grievance and dealt with in accordance with the Grievance Procedure; generally to manage business in all respects and in accordance with its obligations, subject to the provisions of the Agreement; make and alter from time to time rules, regulations and policies that are just and fair. The Company agrees that it the Local Chairperson with a copy of those rules, regulations and policies that are made or altered by the Company from time to time. In addition, the Company will provide the Local Chairperson with reasonable advance notice on the establishment of new 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. except in cases of an employee, who has consumed alcohol within 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 ofthe Union 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 set out in this Agreement; When the nature of the alleged offence is one in which dismissal is contemplated, an employee may be held out of for investigation of any charge against him her for a period no longer than three working days without the holding of a hearing by the Company concerning such matters, and the composition employee must be notified at least one working day in advance of work teams; to determine the number of employees requiredsuch hearing, and its staffing requirements and criteria; the right Local Chairperson shall also be advised one day in advance of the hearing. When any letter relating to determine and require standards an employee’s conduct is placed on his her work record, the employee’s reply to such complaint, accusation or expression of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any dissatisfaction shall become part of the operation shall continue to operate and whether and what his her work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontractedrecord; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein record ofany employee for disciplinary action shall not be subject used against him her at any time after twenty-four months; Failure to grieve previous discipline, or to pursue such a grievance to arbitration, shall not be considered an admission that such discipline was justified. Assignment The Employer agrees that no employee shall, in any manner, be discriminated against or coerced, or strained or influenced on an account of unit work to employees membership or non-membership in the Union or any labour organization, or by reason of any activity or lack of activity in the Employer outside Union or any labour organization. There will be no Union meetings of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the workany kind called during normal working hours. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to The Union or any employees covered by this Agreement, the Employer will give Agreement shall not engage in Union activities during normal working hours. The Company agrees that on evenings when the Union is holding a meeting, it shall make every reasonable effort to schedule work in a manner that will permit employees to attend. The Company announce the meeting on the radio twice on that day. An employee may request in writing twice in any calendar year to review his own work record on the employer‘s files. Employees will also be granted this request at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the workconclusion of discipline that may occur during their employment. Such discussion review will be concluded within twenty (20) accommodated at the earliest convenience. A copy of any entry that relates to an employee’s conduct shall be sent to the employee at the time any entry or document is placed in the file. letters of intent or letters of understanding, along with working days from practices shall require the date signature of the Employer advises Business Agent of the Union, Local and the Director of Human Resources for the Company in writing, that a decision order to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesbinding in any way upon the Parties.

MANAGEMENT RIGHTS. Section 4.1 Prior to (a) The Association and the execution of this Agreement with members recognize and acknowledge that it is the Union, the rights exclusive function of the Employer 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 were limited only by applicable federal the operation and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights undertakings of the Employer have not been limited or abridged by this Agreement. Without limiting Service and without restricting the generality of the foregoing, to select, install and require the parties agree that among operation of any equipment, plant and machinery which the rights Board in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the Employer which are not abridged or limited by this Agreement are the right to determine operations and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part undertakings of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. Service. (b) The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit Board agrees that it will not cause exercise the foregoing functions in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Agreement shall be administered by the Employer on a unilateral basisCollective Agreement. Section 4.2 In 3:02 Notwithstanding anything to the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by contrary in this AgreementCollective Agreement contained, the Employer will give Board shall have the Union at least thirty exclusive right to discharge a probationary permanent member within the first six months of his/her service. (30a) days advance written noticeThe parties agree to create a bi-partite Job Review Committee. During this notice periodUpon request of either the Association or the Board, the Employer and Union Job Review Committee will meet to discuss and consider alternatives to contracting out the workreview jobs that may have been materially amended. Such discussion This Review will be concluded conducted to ensure the job is placed within twenty (20) working days from the appropriate job classification. In conducting the Review, the Job Review Committee will evaluate up-to-date job content information using the Deloitte and Touche job evaluation system. This Review shall take place after six months but no more than one year of the notification of the material amendment. Any wage increase required as a result of this review will be retroactive to the date of notification of the Employer advises material amendment by the (b) whose decision is final and binding on both the Union, in writing, that a decision to subcontract is likelyparties. The use Board is not required to review a job more than once in a calendar year. It is also the intent and understanding of temporary staffing such as agency the Parties that all jobs may be reviewed periodically upon the request of either the Board or traveler staff, will not be construed as contracting unit work or as an assignment the Association to non-bargaining unit employeesmaintain the integrity of the job evaluation system.

MANAGEMENT RIGHTS. Section 4.1 Prior Subject to the execution provisions of this Agreement with the UnionAgreement, the rights of the Employer management of the Hospital and the direction of its Employees shall include, but not be limited to manage were limited only by applicable federal the following: To plan and state law. Except as specifically set forth by an express provision control Hospital functions, to determine Employee qualifications, to hire new Employees, to schedule the working hours of Employees, to transfer Employees for up to one hour without changing the Employees’ rate of pay, to transfer Employees to other classifications, to promote, demote, suspend, discipline and discharge Employees for just cause, to establish rates of pay not inconsistent with the provisions of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine establish reasonable work standards for each classification and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees requiredsubclassification, and its staffing requirements to establish new classifications and criteria; subclassifications and rates therefore, provided such rates shall bear a proper relationship to the right to determine other classifications and require standards of performance subclassifications, and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation provided such rates shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitrationthe grievance procedures. Assignment The Hospital agrees to notify the Union of unit work any intended new classifications and rates of pay for them prior to employees their implementation. The Hospital may relieve Employees from duty because of the Employer lack of work, power failure, insubordination, or other legitimate reasons, to assign Employees outside of the bargaining unit will not cause a layoff to such duties as the operation of the Hospital may require (emergency), to require Employees to work where directed and assigned, to introduce new and improved methods and techniques in Hospital management, materials or facilities, to subcontract for work and supplies when and where necessary with written notification from management and to exercise all other management rights, all of which are reserved and vested exclusively in the Hospital, except as specifically modified in this Agreement. Prior to subcontracting out any bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give Hospital shall notify the Union at least thirty forty-five (3045) days advance written noticeprior to the proposed effective date of the subcontract. During this notice forty-five (45) day period, the Employer Union and Union will the Hospital shall meet to discuss and consider alternatives to contracting out the worksubcontracting. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use Subcontracting of temporary staffing such as agency or traveler staff, will not be construed as contracting any bargaining unit work that results in the loss of hours or as an assignment to non-bargaining unit employeesFTE shall be reviewed in the mutual interest meetings at least quarterly.

MANAGEMENT RIGHTS. Section 4.1 Prior to 6.1 LCOG retains all the execution of this Agreement with the Unioncustomary, the rights of the Employer usual and exclusive rights, decision-making prerogatives, functions, and authority connected with, and in any way incident to, its responsibility to manage were the affairs of LCOG or any part of it not specifically limited only by applicable federal and state law. Except as specifically set forth by an express provision the terms of this Agreement, including, but not limited to, directing the parties agree the management rights activities of the Employer have not been limited agency; determining the levels of service and methods of operation including subcontracting and the introducing of new equipment or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are new processes; the right to determine and re-determine the composition of its work forcehire, including the mix of employees required and the composition of work teams; to determine the number of employees requiredlay off, transfer, and its staffing requirements and criteriapromote; the right to discipline or discharge for just cause; the right to determine work schedules and require standards assign work; and, any other such rights not specifically referred to in this Agreement. LCOG may take whatever action it deems appropriate, except when specifically in conflict with this Agreement. 6.2 The exercise by LCOG of performance and to maintain order and efficiency and to determine the competency management rights, except where abridged by specific provisions of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned are not subject to employees outside the grievance procedure. 6.3 The Union recognizes that LCOG has the right, during the term of this Agreement, to decide to contract out work performed by bargaining unit or subcontracted; members. Contracting out is defined as the hiring of any non-bargaining unit members to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit do work to employees that has traditionally been performed by members of the Employer outside bargaining unit, or that would displace or disadvantage current members of the bargaining unit will in regard to hours or conditions of work, or compensation, including overtime. The following would apply should LCOG decide to contract out (but would not cause a layoff apply if the contracting out is due to an emergency or to the actions of the State or Federal government): a. LCOG agrees to provide the Union with no less than sixty (60) days’ notice that it intends to request proposals for contracting out bargaining unit work where the decision would result in displacement of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written noticemembers. During this notice periodsixty (60) days, LCOG shall not release any requests for proposals. The Union shall have the Employer opportunity to submit its own proposal not later than the last date for the submission of proposals. The Union shall be afforded the opportunity to demonstrate to LCOG that the current bargaining unit members could deliver the service cost effectively and/or with similar quality. The work shall not be contracted out should LCOG determine that the Union has demonstrated the capability to deliver service equal to or better than that of the potential contractor(s) in terms of cost effectiveness and quality. b. LCOG will conduct an evaluation to determine the potential costs and benefits that would result from contracting out the work in question. c. LCOG agrees to notify the Union within one (1) week of its decision to conduct an evaluation, including the job classifications and work areas affected. Upon completion of the evaluation, a copy of the evaluation shall be given to the Union d. In any Request for Proposals, LCOG will require applicants to describe the method they intend to use to consider and give preference to current LCOG bargaining unit members for employment. LCOG shall furnish copies of all proposals to the Union. e. If management anticipates that any bargaining unit members will be displaced as a result of contracting out, LCOG and the Union shall meet to discuss and consider alternatives the effect on bargaining unit members prior to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that implementing a decision to subcontract is likelycontract out. The use LCOG’s obligation to discuss the effect of temporary staffing such contracting out does not obligate it to secure the Agreement of the Union or to exhaust the dispute resolution procedure outlined in the Oregon Revised Statutes concerning the decision or the impact prior to implementing its decision whether or not to contract out the work in question. f. An employee laid off as agency or traveler staff, will not be construed a result of the contracting out retains their layoff rights as contracting unit work or as an assignment to non-bargaining unit employeesdefined in Article 8 Seniority.

MANAGEMENT RIGHTS. Section 4.1 Prior 3.01 The Union acknowledges the Employer's rights include but are not limited to the execution of this Agreement 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 the Union, the rights any of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision provisions of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are ; b. the right to determine select, hire and re-determine direct the composition of its work force, including the mix of employees required workforce and the composition of work teamsemployees; to determine transfer, assign, promote, classify, layoff, rehire and suspend employees; to select and retain employees for positions excluded from the number of employees required, and its staffing requirements and criteria; bargaining unit; c. the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether manage the Employer's business in order to satisfy its commitments and what work will be performed by employees of responsibilities, the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; right to determine the kind and location of its facilities 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 where its services will 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 at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, including the workforce, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery and equipment shall be vested in the Employer. 3.03 Representatives of management, including supervisors, estimators and other non-bargaining unit employees, shall not perform work normally performed by the bargaining unit, except for emergency situations and incidental work. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees Union agrees that the two principals of the Employer outside may perform bargaining unit work. 3.04 The Employer may contract out work where: a. it does not possess the necessary facilities or equipment; or b. it does not have and/or cannot acquire the required manpower. Work normally performed by members of the bargaining unit will not cause a layoff of bargaining unit be subcontracted out if employees who are qualified to perform do the work are on layoff, or if employees qualified to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of 6.1 The Union and the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides limited to subcontract unit work and the contract will reduce the hours available to employees those conditions of employment covered by this Agreement. The parties agree further that, aside from the limitations set forth in this Agreement, the Employer will give University is not constrained in the Union at least thirty (30) days advance written notice. During this notice periodmanagement of its operations, including but not limited to the Employer determination of the standards of service to be provided and Union will meet standards of productivity and performance of its employees; the right to discuss determine the size and consider alternatives composition of the work force; to contracting determine educational and work standards; to decide the location and number of its offices, administrative buildings, residence halls, facilities, and physical plant; to determine the quantity and type of equipment to be used in its operation; the speed of such equipment and the xxxxxxx requirements of such equipment or any job; to determine the content of job classification; to promulgate reasonable rules and regulations; to select supervisory and managerial employees; to discipline, demote, and discharge employees; to contract out work; to control and determine the state of products which may be used by employees; to restructure and combine jobs or to organize work teams or groups as it determines the operational needs of the organization warrant; to determine the time for work. Such discussion will , staffing pattern, and work area; to determine the method and place of performing work including the right to determine that the University's work force shall not perform certain work; to transfer employees from one administrative area to another; to schedule work, shifts, and work breaks; to determine the method of performing work including the introduction of improved methods and facilities; to determine whether such work shall be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-performed by bargaining unit employees or others; to fix standards of quality and quantity for work to be done; to determine whether any part of the whole of its operations shall continue to operate; to establish, to change, or abolish any service; to maintain order and efficiency in its facilities and operations; to determine the duties of employees; to hire, layoff, assign, transfer, retrench; to determine the qualifications of employees; to promote employees; to upgrade, allocate, reallocate, or classify employees; to determine the starting and quitting time; to require overtime; and all other rights and prerogatives including those exercised unilaterally in the past, subject to such regulations and restrictions governing the exercise of these rights as expressly provided in this Agreement, statute or law. Any management right set out in this Article shall be subject to the Grievance and Arbitration provisions herein. Notwithstanding management's right to manage its operations, all other articles of this Agreement are subject to the grievance and arbitration provisions herein except as specifically excluded.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union recognizes that the execution of this Agreement with the Union, the rights management of the Employer to manage were limited only by applicable federal and state law. Except the direction of the working forces are fixed exclusively in the Employer and shall remain solely with the Employer except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. ment Without limiting the generality of the foregoing, the parties agree that among Employer's rights include: a) The right to maintain order, discipline and and in connection herewith to make, alter and enforce from time to time, reasonable rules and regulations, policies and practices, to be observed by its employees, and the rights right to discipline, suspend or discharge employees for just cause. The discretion of the Employer which are not abridged or limited by this Agreement are working forces, the right to plan, direct and control the operation of the Employer, the right to introduce new and improved methods, facilities and equipment, the right to determine and re-determine the composition amount of its supervision necessary, the combining or splitting up departments,work forceschedules, including determination of the mix of employees required extent to which the Employer will be operated and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the increases or decreases in employment. The right to determine and require standards of performance and select, hire, discipline, suspend, discharge, transfer, assign to maintain order and efficiency and to determine the competency of employees; to direct shifts, promote, demote, classify, lay-off, recall employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides and also to subcontract unit work and the contract will reduce the hours available to select employees for positions not covered by this Agreement. The sole and exclusive jurisdiction over all operations, buildings, machinery and equipment vested in this Employer. e) The right to generally operate the Hospital in a manner consistent with the obligations of the Employer will give to the Union at least thirty (30) days advance written notice. During this notice period, general public in the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likelycommunity served. The use of temporary staffing such Employer agrees that in exercising its rights, as agency or traveler staffenumerated above, it will not be construed as contracting unit in a manner inconsistent with the provisions of this Agreement. ARTICLE D COMMITTEES AND REPRESENTATIVES There shall be three (3) Union Representatives. There shall be a Negotiating Committee composed of three (3) employees. day tour. Where an employee on the Negotiating Committee is scheduled to work or as an assignment the evening tour on the day on which negotiationstake place, scheduled tour for that day will be changed from the evening tour to non-bargaining unit employeesthe day tour.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union acknowledges that it is the exclusive function of the Company, subject always to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision provisions of this Agreement, to hire, promote, demote, classify, assign, transfer, suspend, discharge or otherwise discipline any employee for cause, provided that a claim by any employee that he has been discharged or disciplined without reasonable may be the parties agree subject of a and dealt with as herein provided. The Union also acknowledges that the management Company has certain other rights prominent among which, but by no wholly inclusive, are the rights to decide the number and location of its plants and warehouses, its machines and tool equipment, the products to be manufactured, the method of manufacture, the schedules of products, amend to or delete Job Descriptions and the general control and direction of the Employer have not been limited or abridged business the company. It is by this Agreementthe Union that the Company may from time to time implement reasonable policies, rules and regulations and enforce the rules pertaining to safety equipment to provide for the proper direction, discipline and safety of the employees. Without limiting the generality of the foregoing, it is expressly understood and agreed that a breach of any such policies, rules or regulations as instituted by the parties agree Employer may be cause for discipline up to and including dismissal. It is further agreed that among nothing herein shall prevent an Employee who has completed his probationary period from exercising his rights pursuant to the rights grievance procedure. Such rules and regulations will be posted on the bulletin board. The Union acknowledges that the Company may appoint working supervisors from the membership of the Employer which are unit. Such supervisors will be, from time to time, required to perform work normally performed by other classifications in the bargaining unit for training purposes, to overcome production difficulties and where deemed expeditious. In addition, Managers may perform work performed by bargaining unit employees only for training purposes, to samples or prototypes and to overcome major production difficulties, but will not abridged do so to the extent that it results in the layoff of a unit employee or limited by this Agreement are in the right failure to determine and re-determine the composition of its work force, including the mix of employees required recall a bargaining unit employee. The Union acknowledges and the composition Company that any employee promoted to shall be advanced without loss of work teams; seniority. Further, any employee promoted to determine supervisor and subsequently demoted may return to his previous position and retain continuous seniority. Employees who have accepted positions outside the number bargaining unit and who have at least one (Iy)ear of employees required, and its staffing requirements and criteria; seniority in the right bargaining unit prior to determine and require standards of performance and to maintain order and efficiency and to determine leaving the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation bargaining unit shall continue to operate and whether and what work will accrue seniority for a of one (I) additional year, after which they shall be performed by employees of the Employer who are employed under this Agreement, assigned deemed to employees outside this have lost their bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisseniority. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union recognizes the right of the Company to hire, promote, transfer, demote, retire under the provisions of the Pension Plan and lay off employees and to suspend, discharge or to otherwise discipline employees for just cause subject to the execution right of this Agreement any employee to lodge a grievance in the manner and to the extent as herein provided. An employee who has not completed his probation may be discharged if Management determines that he is unsuitable for employment with the Union, company. The Union further recognizes the rights right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency in its plants and to determine the competency location of employees; its plants, to direct employees and to determine job assignmentsadd, including the floating and temporary reassignment of employees; alter or discontinue any department or operation, to determine the working schedules; products to determine whether be manufactured, the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location scheduling of its facilities production and where its services will be performedmethods, processes and means of manufacturing. The matters set forth herein Union further acknowledges that the Company has the right to make and alter, from time to time, rules and regulations to be observed by employees, which rules and regulations shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistent with the provisions of this Agreement agreement. Any changes to these rules and regulations will be discussed with the Bargaining Committee before publication. Nothing in this agreement shall be administered by deemed to restrict the Employer on a unilateral basis. Section 4.2 In Management in any way in the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered performance of all functions of management except those specifically abridged or modified by this Agreementagreement. The Company’s management rights shall not be exercised in a manner inconsistent with the terms of this agreement. The Company shall fix the wage rate for any new classification which it creates at an amount which the Company considers to be in line with the wage rates in effect under this agreement on the date when fixed. If the Local Union believes that the wage rate so fixed is not in line with present rates, then it may discuss such new rates with the Employer will give the Union at least Personnel Manager if a request to do so is made within thirty (30) days advance written noticeof the installations of the new rate. During this notice periodIf within five (5) days of initiating the discussion of the new rate the parties cannot agree, the Employer Local Union may submit the dispute to arbitration in accordance with section Step In its submission to the arbitrator, the Local Union shall state the rate it proposes for the new classification and Union will meet to discuss the reason it believes the Company new rate is out of line with the present rates. If the arbitrator is satisfied that the new rate is out of line, then he may set the rate at such rate as he deems appropriate and consider alternatives to contracting out consistent with the work. Such discussion will be concluded within twenty (20) working days from existing rate, but in no event higher than the date rate submitted by the Employer advises the Local Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior It is recognized that an area of responsibility must be reserved to the execution of this Agreement with Employer if Clean Water Services is to effectively serve the Union, the rights of the Employer to manage were limited only by applicable federal and state lawpublic. Except as specifically set forth to the extent expressly abridged by an express a specific provision of this Agreementagreement, it is recognized that the responsibilities of management are exclusively functions to be exercised by the Employer and are not subject to negotiation. By way of illustration and not of limitation, the parties agree the following are listed as such management rights functions: The determination of the Employer have services to be rendered to the citizens served by the Employer; organization structure, and other policies and procedures; The continuous overseeing of personnel policies, procedures, and programs promulgated under any ordinance or administrative order of the Employer, establishing personnel rules and regulations not been limited or abridged by consistent with any other terms of this Agreement. Without limiting the generality ; The management and direction of the foregoingwork force including but not limited to, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine the methods, processes, and re-determine manner of performing work; the composition determination of its work forcethe duties and qualifications of job classifications, including the mix of employees required right to hire, promote, train, demote, transfer, and retain employees; the composition right to discipline or discharge for proper cause; the right to lay off for lack of work teamsor funds; the right to determine abolish positions or reorganize the number of employees required, and its staffing requirements and criteriadepartments or divisions; the right to determine schedules of work; the right to approve or deny employee vacations; and require standards of performance the right to purchase, dispose, and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole assign equipment or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedsupplies. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event that the Employer decides determines that it may be in the interest of efficiency to contract or subcontract unit work and all or any portion of the contract will reduce the hours available to employees covered by this AgreementEmployer's operation on a permanent basis, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet an opportunity to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to contract or subcontract before such action is likelytaken. The use of temporary staffing obligation to provide advance notice and an opportunity to discuss contracting or subcontracting shall not reduce the Employer's right to take such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to action in its discretion. Work historically performed by non-bargaining unit employees, work involving an emergency, or work not directly resulting in the layoff of bargaining unit employees shall not apply to this provision. This article shall not preclude the Union and the Employer from meeting during the period of the contract, at the request of either party, to discuss procedures for avoiding grievances and other problems and for generally improving relations between the parties.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of The Union recognizes that the Employer to manage were limited only by applicable federal has the obligation of serving eligible clients with quality, efficient and state laweconomical legal services. Except as specifically set forth by an express provision of this Agreement, The Employer and the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties Union further agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work forceexcept as otherwise provided, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by expressly limited to wages, benefits, hours and working conditions of employees, and no provisions shall be construed to restrain the Employer on from the management of its operations. The Employer shall have all the rights afforded it by this Agreement and except as limited by a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by specific provision(s) of this Agreement, the Employer will give shall continue to have the Union at least thirty (30) days advance written notice. During this notice period, exclusive right to take any action it deems appropriate in the management of the Employer and Union will meet direction of the work force in accordance with its judgment. All inherent and common law management functions and prerogatives which the Employer has not modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Employer. Included in such rights, but not limited thereto are the right to discuss determine the size and consider alternatives composition of the work force, the right to contracting out determine standards of legal and advocacy services; the staffing pattern or patterns; the areas to be worked; the work to be performed, the method and place of performing work, including the right to determine that the Employer's work force shall not perform certain work. Such discussion will be concluded within twenty (20) working days from the date the The Employer advises the Unionalso retains all other rights and prerogatives, subject only to such regulations and restrictions governing, in writingexercise of these rights as are expressly provided in this Agreement. Provided, however, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will this provision shall not be construed as contracting unit work to allow the Employer to require any employee to violate any provision of the West Virginia Rules of Professional Conduct, or as an assignment any regulations of the Legal Services Corporation or any other funding source. The Employer also retains the right to non-bargaining unit employeespromulgate, enforce and periodically modify reasonable written rules and regulations, not in conflict with the expressed provisions of this Agreement. The Employer by not exercising any function hereby reserved to it, or by exercising any such function in a particular way, shall not be deemed to have waived its right to exercise such function, or precluded from exercising the same, in some other way not in conflict with the express provisions of this Agreement.

MANAGEMENT RIGHTS. Section 4.1 Prior to ‌ 4.01 The Union agrees that it is the execution of this Agreement with the Union, the rights exclusive right of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in everyrespect and, withoutrestricting the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the generalityofthe foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine plan, direct and re-determine the composition of control its work forceoperations, systems, publications, procedures including the mix of employees required manner in which and the composition of bywhom work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance shall be done and to maintain order and efficiency and to determine the competency of employees; to direct hire, transfer, classify, appoint, promote, layoff and recall employees and to determine job assignmentssuspend, including demote, discharge or otherwise discipline employees for just cause. 4.02 The Employer agrees that the floating exercise of these rights and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes powers in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by conflict with anyof the provisions of this Agreement shall be administered subject to the provisionsof the Grievance Procedure. 4.03 The Employer agrees that it shall not move bargaining unit work to a Postmedia property other than to a Unifor bargaining unit, or other than to Postmedia employees who are members of a Unifor bargaining unit. For clarity, this excludes the outsourcing of bargaining unit work to a third party, or outside of the province, which is a management right retained by the Employer. However, the Employer on commits not to outsource bargaining unit work to a unilateral basisthird party with the intention of subsequently moving it to a non- Unifor property or employees as specified above. Furthermore, the parties agree that the bargaining unit work will not be transferred to or from the National Post. Section 4.2 4.04 In the event the Employer decides to subcontract bargaining unit work and is moved to Unifor employees or a Unifor bargaining unit, employees who lose work as a result of the contract move will reduce be offered the hours available to employees covered by this Agreement, choice of layoffs or positions at the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out new location of the work. Such discussion Upon such move, the affected employees shall be governed by the terms of the collective agreement in effect at the new location, except that their salary, if less than at their prior location, will continue to be governed by the collective agreement from which they are departing, following which they will be concluded within twenty (20) working days from paid the date top rate for their classification in the Employer advises collective agreement at the Union, in writing, that a decision location to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit which the work or as an assignment to non-bargaining unit employeeswas moved.

MANAGEMENT RIGHTS. Section 4.1 Prior 1.1 The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers, and legal authority in conformity with the execution terms of this Agreement wherever applicable. All matters not expressly covered by the language of this Agreement, or other written agreements with the Union, shall be administered for the duration of this Agreement by the Employer as the Employer from time to time may determine. 1.2 The Employer’s prerogatives include, but are not limited to, the following matters: A. The right to establish lawful work rules and procedures. B. The right to schedule work and overtime work, and the methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with the requirements of the public interest. C. The right to hire, transfer, lay-off, and promote employees as deemed necessary by the Employer in accordance with the provisions of this Agreement, wherever applicable. D. The right to discipline, suspend, or discharge an employee for just cause in accordance with the provisions of this Agreement wherever applicable. E. The right to determine the size and composition of the work force and to assign employees to work locations and shifts. F. The parties understand that incidental duties connected with operations not enumerated in job description, shall nevertheless be performed by the employee when requested by the Supervisor. G. The right to take actions as may be necessary to carry out Employer services in emergencies. 1.3 Nothing in this Agreement shall be interpreted to detract or circumscribe the trust placed in the officials, in this case, the Board of Yakima County Commissioners and the elected officials and/or Department Director; and the rights of and obligations owed thereby to the Employer to manage were limited only by applicable federal and state electorate in conformity with statutory law. Except as specifically set forth by an express provision . 1.4 Notwithstanding any other provisions of this Agreement, the parties agree Employer may take actions necessary to comply with the management rights of the Americans with Disabilities Act. 1.5 The Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are reserves the right to determine and re-determine implement the composition of its work forceWorkday programs. During implementation, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under may need to modify provisions of this Agreement, assigned CBA to employees outside this bargaining unit or subcontracted; conform to implement changes in operational methods Workday procedures and procedures; to determine the kind and location of its facilities and where its services will be performedprocesses. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of Union Representative(s) and the bargaining unit will not cause a layoff employees agree to fully cooperate with the Employer’s implementation of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisthese programs. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.1 The Union recognizes the execution of this Agreement with the Union, the rights prerogatives of the Employer to operate and manage were limited only the Clerk's Office and the services provided thereby in all respects in accordance with its responsibilities, lawful powers, and legal authority. All matters not expressly covered by applicable federal and state law. Except as specifically set forth by an express provision the language of this Agreement, and/or mutually agreed upon written agreements executed subsequent to the parties agree the management rights date of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions signature of this Agreement labor agreement, shall be administered by the Employer on a unilateral basis. Section 4.2 In in accordance with such policies and/or procedures as the event Employer, from time to time, may establish and implement. The Employer's prerogatives and rights to operate and manage the Employer decides to subcontract unit work Clerk's Office and the contract will reduce services provided thereby without bargaining about the hours available to employees covered by this Agreementdecisions, include but are not limited to, the Employer will give following: a. The right to establish and implement reasonable work rules, procedures, and work performance standards, including the Union at least thirty (30) days advance right to complete written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use performance evaluations of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees. b. The right to schedule work and overtime work and the methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with this labor agreement. c. The right to hire, transfer, promote, demote, change work locations, suspend, discharge, lay off, recall, or discipline employees as deemed necessary by the Employer as provided by this Agreement and/or as provided by the General Rules, Regulations, Policies, and Procedures of Yakima County. d. The right to determine the size and composition of the work force, modify job responsibilities, and assign employees to work locations and shifts. e. The right to determine what duties shall be performed by various personnel. f. The parties understand that incidental duties connected with operations, not enumerated in job descriptions, shall nevertheless be performed by the employee when requested by a supervisor. g. The right to take actions as may be necessary to carry out Employer's services in emergencies. h. The right to make any and all decisions pertaining to budgetary and fiscal matters; i. The right to take actions necessary to comply with the Americans with Disabilities Act. 3.2 Nothing in this Agreement shall be interpreted to limit the authority placed in the Board of Yakima County Commissioners and the elected County Clerk or designee and the rights and obligations owed thereby to the electorate in conformity with statutory law.

MANAGEMENT RIGHTS. Section 4.1 Prior to 4.01 The Union recognizes and acknowledges that the execution management of this Agreement the Society and the direction of the working forces rest exclusively with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this AgreementSociety. Without limiting restricting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer which are not abridged Society to: A. operate and manage the Society’s affairs and facilities in all respects as it sees fit; B. maintain order, discipline and efficiency; C. hire, transfer, assign, appoint, promote, demote, lay-off, recall, suspend, discipline or limited by this Agreement are discharge the right employees and to discipline or discharge any probationary employee for any reasons satisfactory to the Society; D. classify, reclassify or declassify its job classes and to determine and re-determine from time to time job content, job descriptions, standards of performance, the composition qualifications required of its work forceemployees and performance evaluation processes; E. determine from time to time, including the mix of employees required and the composition of work teams; to determine the number of employees requiredemployees, if any, required for each job or job class, the hours to be scheduled, starting and its staffing requirements finishing times, the places where the work shall occur and criteria; the right duties to determine be performed during those times and require standards at those places; F. engage the services of performance and to maintain order and efficiency and to determine the competency any person or group of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole persons or any part of firm, organization or other entity, full-time, part-time or under such other terms and conditions as are deemed by the operation shall continue Society to operate best meet its needs from time to time; G. make, enforce and whether alter, from time to time, rules, policies and what work will practices to be performed observed by employees of the Employer who are employed under employees. 4.02 The Society retains all other rights and responsibilities not specifically modified by this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods agreement and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein these rights shall not be exercised in a manner inconsistent with those modifying provisions. 4.03 The Union agrees that the Society has the exclusive right and power to study the efficiency and effectiveness of its operations in relation to what is known about best practice in the Society’s pursuit of its objectives and further, the Union agrees that the Society has the exclusive right and power to introduce new or improved programs, services and methods. The Union agrees to co-operate with the Society in the pursuit of these objectives. 4.04 The Union agrees that the Society has the exclusive right and power to seek or require accreditation, certification or other recognition which would verify the ability of any of its employees; the quality of its programs or services; or the effectiveness of the Society as a whole. 4.05 In the case of required membership in professional organizations, proof of eligibility shall be sufficient, subject to arbitration. Assignment of unit work to employees the terms and conditions of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisSociety’s funding sources. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union recognizes the right of the Company to hire, promote, transfer, demote and off employees and to suspend, discharge, or otherwise discipline employees for just cause subject to the execution right of this Agreement with any employee to lodge a grievance in the Union, manner and to the rights extent as herein provided. The Union further recognizes the right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency in its plant, and to determine the competency of employees; products to direct employees and to determine job assignmentsbe manufactured, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location scheduling of its facilities production and where its services will be performedmethods, processes and means of manufacturing. The matters set forth herein Union further acknowledges that the Company has the right to make and alter, from time to time reasonable rules and regulations to be observed by employees, which rules and regulations shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistent with the provisions of this Agreement Agreement. It is hereby agreed that the lay-off, or the transfer of, or distribution of work amongst employees shall be administered by in accordance with the Employer seniority and other provisions hereinafter set forth. A list of the Company’s hourly rated employees in order of their respective dates of hiring shall be compiled, and the position of these employees on such Seniority List shall constitute their seniority standing. The Seniority List will be revised quarterly if necessary and will be posted so that it is available to the employees concerned at all times. Copies of the list, as revised from time to time, will be furnished to the Local Union through the Chairperson of the Union Plant Committee. Seniority shall be applied in accordance with this Agreement on a unilateral plant-wide basis. Section 4.2 In . Employees transferred from one department to another shall incur no loss to seniority as a result of such transfer except as provided in All new employees hereafter, for a period of forty-five days worked after the event commencement of their employment shall be temporary or probationary employees and during this period the Employer decides Company may lay off or terminate such employee in its sole discretion and without recourse to subcontract unit work the grievance procedure. After such period of forty-five days worked such employees shall have their names placed on the Seniority List in the order of their dates of hiring. Any employee, whose seniority has been broken in accordance with the provisions hereinafter set forth, shall, upon being re-hired, be considered as a new employee. It will be the responsibility of an employee to keep the Company informed of their correct address, phone number, and information pertaining to the employee’s personal record at all times and the contract will reduce Company only assumes responsibility for contacting an employee at the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written noticelast address on record. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will Seniority shall be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.broken if

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement The Union acknowledges that all management rights and prerogatives are vested exclusively with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without without limiting the generality of the foregoing, it is the parties agree that among the rights exclusive right and function of the Employer which are not abridged or limited by except as this Agreement are the right to otherwise specifies: (a) To determine and re-determine establish job content, the composition work to be done, the schedule and the standards and procedures for the performance of its work forcesuch work, including the mix number of employees required and the composition 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. The Employer reserves the right to amend or abolish such rules, regulations, policies and procedures or introduce new rules, etc. from time to time, copies of work teamswhich are to be posted on the bulletin board. It is agreed that, prior to changes being made under this clause, the Employer shall notify the employees of such change and further agrees to consider any representation made by the employees with respect to such change; (c) To hire, transfer, layoff, recall, promote, demote, classify and assign duties; to determine discharge, suspend or otherwise discipline employees who have completed their probationary period, provided that a claim by any employee that they have unjustly been disciplined may be subject to the grievance procedure. Probationary employees may be discharged at the sole discretion of the Employer. The Employer may dismiss a probationary employee where the employee is found to be unsuitable for continued employment in the position to which she/he has been appointed. (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 the employees and the operations of 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, required for the Employers purpose and its staffing requirements to reduce or increase normal hours of work per day or per week and criteriato establish starting and quitting times; (e) To determine the nature and kind of functions and operations to be conducted by the Employer; the right services to determine be rendered and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed method by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its which such services will be performed. The matters set forth herein shall not rendered; the kinds and locations of facilities, equipment, merchandise, goods, fixtures to be subject used, the type of resident services to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work carried on; and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer control of materials and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesgoods.

MANAGEMENT RIGHTS. Section 4.1 Prior to ‌ 6.1 LCOG retains all the execution of this Agreement with the Unioncustomary, the rights of the Employer usual and exclusive rights, decision-making prerogatives, functions, and authority connected with, and in any way incident to, its responsibility to manage were the affairs of LCOG or any part of it not specifically limited only by applicable federal and state law. Except as specifically set forth by an express provision the terms of this Agreement, including, but not limited to, directing the parties agree the management rights activities of the Employer have not been limited agency; determining the levels of service and methods of operation including subcontracting and the introducing of new equipment or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are new processes; the right to determine and re-determine the composition of its work forcehire, including the mix of employees required and the composition of work teams; to determine the number of employees requiredlay off, transfer, and its staffing requirements and criteriapromote; the right to discipline or discharge for just cause; the right to determine work schedules and require standards assign work; and, any other such rights not specifically referred to in this Agreement. LCOG may take whatever action it deems appropriate, except when specifically in conflict with this Agreement. 6.2 The exercise by LCOG of performance and to maintain order and efficiency and to determine the competency management rights, except where abridged by specific provisions of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned are not subject to employees outside the grievance procedure. 6.3 The Union recognizes that LCOG has the right, during the term of this Agreement, to decide to contract out work performed by bargaining unit or subcontracted; members. Contracting out is defined as the hiring of any non-bargaining unit members to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit do work to employees that has traditionally been performed by members of the Employer outside bargaining unit, or that would displace or disadvantage current members of the bargaining unit will in regard to hours or conditions of work, or compensation, including overtime. The following would apply should LCOG decide to contract out (but would not cause a layoff apply if the contracting out is due to an emergency or to the actions of the State or Federal government): a. LCOG agrees to provide the Union with no less than sixty (60) days’ notice that it intends to request proposals for contracting out bargaining unit work where the decision would result in displacement of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written noticemembers. During this notice periodsixty (60) days, LCOG shall not release any requests for proposals. The Union shall have the Employer opportunity to submit its own proposal not later than the last date for the submission of proposals. The Union shall be afforded the opportunity to demonstrate to LCOG that the current bargaining unit members could deliver the service cost effectively and/or with similar quality. The work shall not be contracted out should LCOG determine that the Union has demonstrated the capability to deliver service equal to or better than that of the potential contractor(s) in terms of cost effectiveness and quality. b. LCOG will conduct an evaluation to determine the potential costs and benefits that would result from contracting out the work in question. 6.4 LCOG agrees to notify the Union within one (1) week of its decision to conduct an evaluation, including the job classifications and work areas affected. Upon completion of the evaluation, a copy of the evaluation shall be given to the Union 6.5 In any Request for Proposals, LCOG will require applicants to describe the method they intend to use to consider and give preference to current LCOG bargaining unit members for employment. LCOG shall furnish copies of all proposals to the Union. 6.6 If management anticipates that any bargaining unit members will be displaced as a result of contracting out, LCOG and the Union shall meet to discuss and consider alternatives the effect on bargaining unit members prior to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that implementing a decision to subcontract is likelycontract out. The use LCOG’s obligation to discuss the effect of temporary staffing such contracting out does not obligate it to secure the Agreement of the Union or to exhaust the dispute resolution procedure outlined in the Oregon Revised Statutes concerning the decision or the impact prior to implementing its decision whether or not to contract out the work in question. 6.7 An employee laid off as agency or traveler staff, will not be construed a result of the contracting out retains their layoff rights as contracting unit work or as an assignment to non-bargaining unit employeesdefined in Article 8 Seniority.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of otherwise provided in this Agreement, nothing in this Agreement shall be deemed to limit the parties agree Regional Center in any way in the management rights exercise of regular and customary functions of management, including, but not limited to, the following: A. The determination or modification of Regional Center's goals and objectives, including the determination or modification of the Employer have not been limited nature and scope of Regional Center's functions, the determination or abridged by this Agreement. Without limiting the generality modification of the foregoingsize, number, location and function of Regional Center's organizational units or other activities; B. The specification and acquisition of apparatus, equipment or other materials, including program materials, and the parties agree that among use of such apparatus, equipment or material; C. The establishment of methods of operation and procedures, including, for example, program and client evaluation procedures and the rights institution of technological alterations in processes or equipment of both; D. The expansion or contraction of Regional Center's services generally, or any activity or function specifically, and the determination of appropriate staffing levels within the bargaining unit generally, or any department, activity or function specifically; X. The direction of the Employer which are not abridged or limited by this Agreement are working force, including the right to determine within scope of job classification (Section 25), work and re-duty assignments and to determine whether or not particular assignments are to be performed by employees covered by this Agreement; F. The recruitment, utilization and assignment of volunteers (including student interns) to assist and supplement the composition regular staff. Such volunteers will not be considered members of its work forcethe bargaining unit, shall not be used as replacements for members of the bargaining unit on a temporary or permanent basis, shall not be paid a salary, and shall not be responsible for carrying any specific cases; G. The employment, on a temporary basis, of substitutes for members of the regular staff during their absences. Such temporary personnel will not be considered members of the bargaining unit under this Agreement; X. The contracting with consultants and specialists to perform special assignments under direct supervision; it being understood and agreed that the regular staff will cooperate with such consultants and specialists in the performance of their assignments; provided that monies from the Personal Services portion of the budget shall not be used to subcontract for services which would permanently displace a bargaining unit position; I. The design and implementation of safety programs and plans for increased efficiency; J. The determination of employee qualifications; K. The right to select and hire new employees including temporary employees; L. The right to determine and reward meritorious performance; M. The right to select or employ supervisory employees (although the mix of employees required and the composition of work teams; Regional Center shall give due consideration to possible promotion from within); N. The right to determine the number of employees requiredhours worked, the schedule of the workday, schedule of lunch time and break times, the amount of overtime to be worked, if any, and its staffing requirements and criteria; the employees working such overtime, except as otherwise provided for in this Agreement; O. The right to determine the scheduling of vacations and require standards of performance other time off; and P. The right to establish and enforce reasonable rules and regulations pertaining to maintain order conduct and efficiency and to determine the competency deportment of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be such reasonableness being subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisSection 37 (Grievance Procedure). Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior Except as abridged by this Agreement, the Hospital has the exclusive duty and right to manage the Hospital to determine the quality and quantity of patient care, to manage the business and to schedule work, including but not limited to, the sole right to the following: A) Hire, discipline, discharge, layoff, assign, promote and evaluate employee performance, and to determine or change the starting and quitting time and number of hours worked. B) Promulgate rules and regulations. C) Assign duties to the work force. D) Reorganize, discontinue, or enlarge any department or division. E) Transfer employees within departments or to other departments, to other classifications, and to other shifts. F) Introduce new or improved methods or facilities. G) Reclassify positions and carry out the ordinary and customary functions of management whether or not possessed or exercised by the hospital prior to the execution of this Agreement Agreement, SUBJECT ONLY to the restrictions and regulations governing the exercise of these rights as are expressly provided in this Agreement. H) The Association, on behalf of its members, agrees to cooperate with the UnionHospital to attain and maintain full efficiency and maximum patient care. The Hospital recognizes and agrees to receive and consider constructive suggestions submitted through the Professional Conference Committee toward these objections. I) In the event economic or practical considerations justify the contracting out of any of its operations, the rights Hospital agrees to notify the Association sixty (60) days prior to the date the contract becomes effective, of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights nature of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoingwork to be so contracted, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, affected and its staffing requirements the name and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part address of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedcontractor. The matters set forth herein shall not be subject Hospital agrees to arbitrationmeet and discuss with the Association the impact of any such subcontract. Assignment The Hospital further agrees to use its utmost influence to see that the contractor hires those employees affected by the contracting. If as a result of unit work to employees of the Employer outside subcontracting an individual member of the bargaining unit will not cause a layoff of is displaced from his/her position, and if there is no other vacant position available for which the employee is qualified, then said employee shall be entitled to exercise his/her bargaining unit employees who are qualified seniority, (Based upon 14B) for the purpose of bidding to perform the work. All matters not covered position held by the provisions of this Agreement shall be administered by least senior bargaining employee in a department or unit for which the Employer on a unilateral basisbidding employee is qualified. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union recognizes that it is the execution of this Agreement with the Union, the rights exclusive right of the Employer to manage were limited only by applicable federal exercise the regular and state law. Except as specifically set forth by an express provision customary functions of this Agreement, management and to direct the parties agree the management rights affairs of the Employer have not been limited or abridged by in all aspects subject only to the specific limitations of this Collective Agreement. Without limiting the generality . (a) An Occasional Teacher-Board Relations Committee shall be composed of the foregoing, the parties agree that among the rights of three (3) members representing the Employer which are not abridged or limited by this Agreement are and three (3) members representing the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedUnion. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement initial meeting shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least held within thirty (30) days of the signing of the Collective Agreement, with subsequent meeting at the Committee’s discretion. Reports will be at the Committee’s discretion but shall be issued at least twice annually. The Committee shall discuss issues of concern to either the Employer or the Union but shall not consider any matter which is under negotiation or which is the subject of a grievance under the grievance procedure of this Agreement. Each employee who is covered by this agreement agrees to permit the Employer to provide to the union or to an authorized union representative any and all personal information concerning any such employee which may be reasonably required to assist in or advance written noticethe purposes of the collective bargaining and the effective administration of this agreement. During this notice periodWith regard to any information so released or provided, the Union and its members collectively and individually shall save the Employer harmless from any and Union will meet all claims, actions or proceedings whatsoever. The Employer agrees that its rights and responsibilities shall be exercised in a manner that is consistent with this collective agreement. The Employer agrees not to discuss penalize or discriminate against any occasional teacher for participating in the lawful activities of the Union, including exercising any rights under this collective agreement or the prevailing statutes of Ontario. There shall be no discrimination, harassment, interference, restriction or coercion exercised or practiced against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, or handicap or because of participation in the lawful activities of, or membership in the Union. No occasional teacher shall be demoted, discharged, dismissed or disciplined without just and consider alternatives to contracting out the worksufficient cause. Such discussion will cause shall be concluded within provided to the occasional teacher in writing. It is recognized that a lesser standard applies to the termination of an occasional teacher who has not completed twenty (20) working or more full-time equivalent teaching days in a school year. Where practicable, prior to the imposition of any action listed in Article above, there shall be a meeting held between the occasional teacher and an Employer representative to discuss the matter. The occasional teacher shall have the right to have a representative of the union present. Long term occasional teaching assignments may be canceled by the Employer with five (5) days pay or upon five (5) days notice. The parties may agree that a person who is in the receipt of a pension from the date the Employer advises Teachers Pension Plan Board shall not be eligible for a long term occasional teaching assignment, without prior written approval from the Union. Upon written request, in writing, that the union shall have access to or be furnished with a decision copy of any data relevant to subcontract is likely. The use the negotiation and administration of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesthis collective agreement.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union and the execution Board of this Agreement with Higher Education and/or the Union, the rights Administration of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties several Colleges agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides expressly limited to subcontract unit work and the contract will reduce the hours available to employees conditions of employment covered by this Agreement, and no provision shall be construed to restrain the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days College from the date management of its operations, including but not limited to: the Employer advises determination of the Unionstandards of service to be provided and standards of productivity and performance of its employees; the right to determine the size and composition of the work force; to determine educational and work standards; to decide the location and number of its offices, administrative buildings, dormitories, facilities, and physical plant; to determine the quantity and type of equipment to be used in writingits operation; the speed of such equipment and the xxxxxxx requirements of such equipment or any job; to determine the content of job classification; to promulgate reasonable rules, regulations, policies and procedures; to select supervisory and managerial employees; to discipline, demote and discharge employees; to contract out work; to control and determine the state of products which may be used by employees; to determine the time for work, staffing pattern and work area; to determine the method and place of performing work including the right to determine that a decision College’s work force shall not perform certain work; to subcontract is likely. The use transfer employees from one administrative area to another; to schedule work, shifts, and work breaks; to determine the method of temporary staffing performing work including the introduction of improved methods and facilities; to determine whether such as agency or traveler staff, will not work shall be construed as contracting unit work or as an assignment to non-performed by bargaining unit employees or others; to fix standards of quality and quantity for work to be done; to determine whether any part or the whole of its operations shall continue to operate; to establish, to change, or abolish any service; to maintain order and efficiency in its facilities and operations; to determine the duties of employees; to hire, layoff, assign, transfer, retrench; to determine the qualifications of employees; to promote employees; to upgrade, allocate, reallocate, or classify employees; to determine the starting and quitting times; to require overtime; and, All other rights and prerogatives including those exercised unilaterally in the past, subject to such regulations and restrictions governing the exercise of these rights as expressly provided in this Agreement, statute or law. Any management right set out in this Article shall be subject to the Grievance and Arbitration provisions herein.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights 3.1 The management of the Employer to manage were limited only by applicable federal Emergency Medical Service (“EMS”) and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition direction of its work force, including but not limited to the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; exclusive rights to determine whether the whole all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to remove the operation shall continue or any part thereof to operate any location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and whether methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to assign or reassign employees to shifts, increase or abolish shifts and what rotate shifts; to require employees to work will be performed by overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job or shift to shift, either on a permanent or temporary basis; to evaluate and direct the work of the Employer who are employed under employees covered by this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in maintain, enforce, rescind or change EMS policies, procedures, rules of conduct, orders, practices, directives and other operational methods procedures, policies and proceduresguides not inconsistent with this Agreement; to establish the standards of conduct and work of employees; to establish or change operational standards; to determine the kind services to be provided by EMS; to discipline or discharge employees for just cause; to lay off employees from duty for lack of work or for other operational reasons; to establish requirements for employment; to promote and location demote employees and to have complete authority to exercise those rights and powers incidental thereto, including the right to alter or vary past practices as the County may determine to be necessary for the orderly and efficient operation of EMS, shall be vested exclusively in EMS, subject only to such restrictions governing the exercise of these rights as are expressly and specifically provided in this Agreement. EMS’s failure to exercise any right hereby reserved to it or its facilities and where its services will be performed. The matters set forth herein exercising any right in a particular way shall not be subject deemed a waiver of its right to arbitrationexercise such right nor preclude EMS from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 There shall be complete regard for the right, responsibilities and prerogative of County management under this Agreement. Assignment of unit work to employees This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. Section 3.3 If, in the sole discretion of the Employer outside of the bargaining unit will County Manager or designee, it is determined that a civil emergency condition exists, including but not cause a layoff of bargaining unit employees who are qualified limited to perform the work. All matters not covered by riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement shall may be administered suspended by the Employer on a unilateral basisCounty Manager during the time of the declared emergency, provided that wage rates, monetary fringe benefits and just cause provisions shall not be suspended. Section 4.2 3.4 It is understood by the Parties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other job related duties not specifically contained in their job description. Section 3.5 Delivery of EMS services in the most efficient, effective, professional and courteous manner is of paramount importance. Accordingly, the Union agrees that it will instruct its members to work diligently in order that the services performed meet the above standards. Section 3.6 Those inherent managerial functions, prerogatives and policy-making rights which EMS has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. Section 3.7 In the event spirit of continued harmonious relations between the Employer decides employees and EMS, EMS agrees to subcontract unit work and the contract will reduce the hours available provide notice to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union’s Principal Officers, in writing, that of any change in EMS policies or rules of general application prior to implementation, which would affect members of the bargaining unit. If the changes affect wages, hours, terms or conditions of employment, absent exigent circumstances, written notice will be provided ten (10) calendar days before the change. Section 3.8 Nothing contained in this Management Rights Article shall be interpreted as a decision waiver of the Union’s rights to subcontract is likelybargain pursuant to Chapter 447, Part II, Florida Statutes, and interpretive cases. The use request to bargain under this Section must be made within ten (10) calendar days of temporary staffing such as agency or traveler staffthe notice under Section 3.7 or, will not be construed as contracting unit work or as an assignment if no notice is given, within ten (10) calendar days of the date the Union became aware of a proposed change that is subject to non-bargaining unit employeesimpact bargaining.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of SECTION 6.1 The Union and the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides limited to subcontract unit work and the contract will reduce the hours available to employees those conditions of employment covered by this Agreement. The parties agree further that, aside from the limitations set forth in this Agreement, the Employer will give University is not constrained in the Union at least thirty (30) days advance written notice. During this notice periodmanagement of its operations, including but not limited to the Employer determination of the standards of service to be provided and Union will meet standards of productivity and performance of its employees; the right to discuss determine the size and consider alternatives composition of the work force; to contracting determine educational and work standards; to decide the location and number of its offices, administrative buildings, residence halls, facilities, and physical plant; to determine the quantity and type of equipment to be used in its operation; the speed of such equipment and the xxxxxxx requirements of such equipment or any job; to determine the content of job classification; to promulgate reasonable rules and regulations; to select supervisory and managerial employees; to discipline, demote, and discharge employees; to contract out work; to control and determine the state of products which may be used by employees; to restructure and combine jobs or to organize work teams or groups as it determines the operational needs of the organization warrant; to determine the time for work. Such discussion will , staffing pattern, and work area; to determine the method and place of performing work including the right to determine that the University’s work force shall not perform certain work; to transfer employees from one administrative area to another; to schedule work, shifts, and work breaks; to determine the method of performing work including the introduction of improved methods and facilities; to determine whether such work shall be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-performed by bargaining unit employees or others; to fix standards of quality and quantity for work to be done; to determine whether any part of the whole of its operations shall continue to operate; to establish, to change, or abolish any service; to maintain order and efficiency in its facilities and operations; to determine the duties of employees; to hire, layoff, assign, transfer, retrench; to determine the qualifications of employees; to promote employees; to upgrade, allocate, reallocate, or classify employees; to determine the starting and quitting time; to require overtime; and all other rights and prerogatives including those exercised unilaterally in the past, subject to such regulations and restrictions governing the exercise of these rights as expressly provided in this Agreement, statute or law. Any management right set out in this Article shall be subject to the Grievance and Arbitration provisions herein. Notwithstanding management’s right to manage its operations, all other articles of this Agreement are subject to the grievance and arbitration provisions herein except as specifically excluded.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union recognizes the right of the Company to hire, promote, transfer, demote and lay off employees and to suspend, discharge, or otherwise discipline employees for just cause subject to the execution right of this Agreement with any employee to lodge a grievance in the Union, manner and to the rights extent as herein provided. The Union further recognizes the right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency effi- ciency in its plant, and to determine the competency of employees; products to direct employees and to determine job assignmentsbe manufac- tured, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location scheduling of its facilities production and where its services will be performedmethods, processes and means of manufacturing. The matters set forth herein Union further acknowledges that the Company has the right to make and alter, from time to time reasonable rules and regula- tions to be observed by employees, which rules and regulations shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistent with the provisions of this Agreement Agreement. SENIORITY AND RELATED MATTERS INCLUDING HIRING, DISCHARGES, LAY-OFFS, RE-HIRING, LEAVES OF ABSENCE, ETC. It is hereby agreed that the lay-off, or the transfer of, or distribu- tion of work amongst employees shall be administered by in accordance with the Employer seniority and other provisions hereinafter set forth. A list of the Company's hourly rated employees in order of their respective dates of hiring shall be compiled, and the position of these employees on such Seniority List shall constitute their seniority standing. The Seniority List will be revised quarterly if necessary and will be posted so that it is available to the employ- ees concerned at all times. Copies of the list, as revised from time to time, will be furnished to the Local Union through the Chairperson of the Union Plant Committee. Seniority shall be applied in accordance with this Agreement on a unilateral plant-wide basis. Section 4.2 In . Employees transferred from one department to another shall incur no loss to seniority as a result of such transfer except as provided in All new employees hereafter, for a period of forty-five days worked after the event commencement of their employment shall be temporary or probationary employees and during this period the Employer decides Company may lay off or terminate such employee in its sole dis- cretion and without recourse to subcontract unit work the grievance procedure. After such period of forty-five days worked such employees shall have their names placed on the Seniority List in the order of their dates of hiring. Any employee, whose seniority has broken in accordance with the provisions hereinafter set forth, shall, upon being re- hired, be considered as a new employee. It will be the responsibility of an employee to keep the Company informed of their correct address, phone number, and information pertaining to the employee's personal record at all times and the contract will reduce Company only assumes responsibility for contacting an employee at the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written noticelast address on record. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will Seniority shall be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.broken

MANAGEMENT RIGHTS. Section 4.1 Prior to 3:01 (a) The Association and the execution of this Agreement with members recognize and acknowledge that it is the Union, the rights exclusive function of the Employer 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 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 were limited only by applicable federal the operation and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights undertakings of the Employer have not been limited or abridged by this Agreement. Without limiting Service and without restricting the generality of the foregoing, to select, install and require the parties agree that among operation of any equipment, plant and machinery which the rights Board in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the Employer which are not abridged or limited by this Agreement are the right to determine operations and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part undertakings of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. Service. (b) The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit Board agrees that it will not cause exercise the foregoing functions in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Agreement. 3:02 Notwithstanding Clause 3:01 anything to the contrary in this Agreement contained, the Board shall be administered have the exclusive right to discharge a probationary member within the first 1044 regular hours worked of his/her service to the Board. The prior service of a member re-employed by the Employer on Board after a unilateral basisbreak in service will not be considered for the purpose of this Clause. Section 4.2 (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 ensure the job is placed within the appropriate job classification. In conducting the Review, the Job Review Committee will evaluate up to date job content information using the Deloitte and Touche job evaluation system. This Review shall take place after six months but no more than one year of the notification of the material amendment. Any wage increase required as a result of this review will be retroactive to the date of notification of the material amendment by the Board or the Association to the Job Review Committee. In the event of a dispute the Employer decides matter will be referred to subcontract unit work the Referee appointed under Article 3:04(b) whose decision is final and binding on both the contract parties. The Board is not required to review a job more than once in a calendar year. It is also the intent and understanding of the Parties that all jobs may be reviewed periodically upon the request of either the Board or the Association to maintain the integrity of the job evaluation system. (b) The Board will reduce notify the hours available to employees covered by this Agreement, Association within 30 days following Board approval regarding the Employer will give the Union at least thirty (30) days advance written noticecreation of a new civilian position. During this notice period, the Employer and Union The Job Review Committee will meet within one year of the date of notification to discuss and consider alternatives to contracting out evaluate the worknew civilian position. Such discussion In the event of a dispute the matter will be concluded within twenty (20referred to the Referee appointed under Article 3:04(b) working days whose decision is final and binding on both parties. In the event that the new position is assigned to a higher pay class as a result of the evaluation, retroactive pay shall be paid to the incumbent effective from the date the Employer advises member commenced work in the Unionposition. However, if the assignment to a higher pay class is the result of a material amendment which occurred after the member commenced work in the position, then the retroactive pay shall be made from the date of the material amendment. In the event that the new position is assigned to a lower pay class, the incumbent shall receive the pay rate of the lower pay class. In the event that the assignment to the lower pay class has been referred to the Referee appointed under Art. 3:04(b) then the incumbent shall receive the pay rate of the lower pay class after he Referee’s decision has been rendered. (c) All evaluations, alterations amendments agreed to by the Job Review Committee shall be confirmed in writing and shall be deemed to be resolved and shall not be the subject of a grievance or claim hereunder. (d) A member whose job is assigned to a lower pay class will continue to receive his/her current salary until the rate of the job and step to which he/she is assigned exceeds his/her current salary or until the member moves into a higher step or higher class which would entitle the member to a rate exceeding the member’s current rate. For a period of one year following the effective date of assignment, the member, if qualified to perform a job for which he/she applies, shall be preferred over other applicants for jobs in any class up to, and including, but no higher than, the pay class to which his/her job has been formerly assigned. Where more than one such qualified incumbent applies for a job, the selection criteria in clause 16:02 shall govern. (e) A member whose job is assigned to a higher pay class will move to the lowest step in the higher class which will give the member a pay increase. (a) A claim that, as a result of the action referred to in clause 3:03 (b), the Board has assigned the job to the wrong pay class shall be made in writing within one year of the assignment and shall include particulars, including the areas of disagreement, the pay class desired and the reasons therefore. Failing agreement, the claim may be referred to the Referee under this Article. (b) The parties shall endeavor to agree to jointly appoint one person to act as Referee for a specific period of time under this article. If the parties fail to agree, O.B. Shime, Q.C., (or a person designated by him) shall make the appointment. (c) In evaluating a claim under clause 3:03 (a) or clause 3:04(a), the Referee will be governed by the current job evaluation plan and its application to existing jobs in Xxxxx "X", "X" and "C". (d) The Referee shall have the power to establish the job description based on his/her assessment of job content as determined by the Board and determine job evaluations. All final and binding decisions of the Referee shall be made in writing to each party as soon as possible with reasons and shall be consistent with the Job Evaluation Plan and the Collective Agreement. The objective is to have a decision within 10 calendar days of the date of the last hearing or fact- finding mission of the Referee on the matter in dispute. Decisions of the Referee shall be deemed to be Arbitration decisions under this Collective Agreement and the Police Services Act and shall be enforceable as such. (e) It is the desire of the parties that the hearings be conducted in an informal, and expeditious but fair manner based on representations by the Board and the Association. In conformity with this objective the Referee shall determine his/her own procedures. The Referee shall have all the powers of an Arbitrator under this Collective Agreement and the Police Services Act and, in writingaddition, that a decision shall have the right to subcontract is likelyvisit and observe the job in progress, and to interview such persons as the Referee may deem necessary in order to assign in the job evaluation. The use Full disclosure of temporary staffing such as agency or traveler staff, will not all documents and data in the possession of either party shall be construed as contracting unit work or as an assignment made to non-bargaining unit employeesthe Referee. 3:05 Any claims under clause 3:04 shall be made within 30 days after the Board has notified the Association of the class for salary purposes to which the position in question has been assigned.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union recognizes the right of the Employer, except as in this agreement specifically provided, to have and exercise all of the customary functions of an Employer as follows: Maintain order; make and alter from time to time, reasonable rules and regulations, provided that they are posted and the Union is provided with a copy; Hire, promote and reclassify (subject to the execution provisions of this Agreement Article Hirings, Promotions, Transfers Staff Changes); discharge, suspend or discipline (subject to the provisions of Article Discharge, Suspension Discipline); Operate and manage its operations in accordance with the Union, the rights of the Employer to manage were limited only by applicable federal its commitments and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teamsresponsibilities; to determine decide on the number of employees requiredneeded in any classification (subject provisions of Articles Hirings, Promotions, Transfers Staff Changes and Article Lay-off and Recall); determine the location of its staffing requirements operations; relocate its employees to any such location; decide on the method, process and criteria; the means of operation. The Employer's right to determine and require standards transfer will not be exercised arbitrarily. The Employer agrees that the exercise of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation above rights shall continue be in a manner that is fair, reasonable and with the terms of this agreement. The Employer and the Union are agreed that all employees within Local working within the Long Term Care Services Division, inclusive of the employees working off-site in the Long Term Care Alternative Community Living Program, as of this date, are covered by the Hospital Labour Disputes Arbitration Act and are the employees referred to operate and whether and what in Article of the collective agreement. The parties are agreed that employees covered by the will not participate in any strike or lockout which may occur during the negotiations process. The Employer agrees that, in the event of a strike or lockout, employees covered by the will not be required or permitted to perform work will which would normally be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedemployees. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to parties are agreed that, notwithstanding their designation as employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered these employees will have the rights conveyed under the Ontario Labour Relations Act to participate in Ratification and/or Strike votes taken by the Employer on a unilateral basisUnion. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.1 The CTP Group recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were limited only the Public Services Department and/or County Roads and the services provided thereby in all respects in accordance with its responsibilities, lawful powers, and legal authority. All matters not expressly covered by applicable federal and state law. Except as specifically set forth by an express provision the language of this Agreement, and/or mutually agreed upon written agreements executed subsequent to the parties agree the management rights date of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions signature of this Agreement labor agreement, shall be administered by the Employer on in accordance with such policies and/or procedures as the Employer, from time to time, may establish and implement. The Employer's prerogatives or rights include, but are not limited to, the following: Yakima County and Public Works – CTP Employees Group Page 1 2020 Collective Bargaining Agreement 3.1.1 The right to establish and implement reasonable work rules, procedures, and work performance standards, including the right to complete written performance evaluations of bargaining unit employees at least annually. The evaluations will be discussed and reviewed privately with the employee before they are filed, and the employee shall be given the right to prepare a unilateral basiswritten rebuttal to any evaluation the employee desires, which rebuttal shall be filed with the evaluation form. Any such rebuttal shall be submitted to the Employer within seven (7) calendar days following completion of the evaluation. Section 4.2 In the event the Employer decides 3.1.2 The right to subcontract unit schedule work and overtime work and the contract will reduce the hours available methods and processes by which said work is to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, be performed in a manner most advantageous to the Employer and Union will meet consistent with this labor agreement. 3.1.3 The right to discuss select, hire, transfer, and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date lay off employees as deemed necessary by the Employer advises in accordance with the Unionprovisions of this Agreement. 3.1.4 The right to discipline employees in accordance with the provisions of this Agreement. 3.1.5 The right to determine the size and composition of the work force, modify job responsibilities, and assign employees to work locations and shifts. 3.1.6 The Employer may also assign incidental duties to employees that are not enumerated in writingjob descriptions, that and the employees shall perform the incidental duties upon the Employer's request. 3.1.7 The Employer shall have the right to take whatever actions the Employer deems necessary to carry out Employer services in a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesbona fide emergency.

MANAGEMENT RIGHTS. Section 4.1 Prior to 5.01 The Union recognizes that the execution management of the operations and the direction of the employees are fixed exclusively in the Employer and shall remain solely with the Employer except as expressly limited by the clear and explicit language of a specific provision of this Agreement with the Unionand, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting without restricting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer which are not abridged to: a) maintain order, discipline and efficiency; b) hire, assign, retire, promote, demote, classify, transfer, direct, lay off, recall and to suspend, discipline or limited discharge employees provided that a claim by this Agreement are an employee who has successfully completed his or her probationary period that he or she has been disciplined, suspended or discharged without just cause may be the right to determine subject of a grievance and re-dealt with as hereinafter provided; c) determine the composition hours of its work, shifts, work forceassignments, including the mix of employees required and the composition of work teams; assignments, increase or decrease of work assignments, methods of doing the work, positions required, and all other matters concerning the Employer’s operation and not otherwise specifically dealt with elsewhere in this Agreement; d) determine the nature and kind of business conducted by the Employer, the kinds and locations of operations, equipment and materials to determine be used, the methods and techniques of work, the number of employees requiredto be employed, the extension, limitation, curtailment of cessation of operations or any part thereof, and its staffing requirements and criteria; the right to determine and require standards of performance exercise all other functions and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation prerogatives which shall continue to operate and whether and what work will be performed by employees of remain solely with the Employer who are employed under except as specifically limited by the express provisions of this Agreement; e) make, assigned enforce and alter from time to time policies, rules and regulations to be observed by the employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall which are not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistent with the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 Agreement. In the event that the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreementimplements new or alters existing rules or regulations, the Employer will give the Union at least thirty five (305) days advance written noticebusiness days’ notice of any intended change in its policies, rules and regulations and post the revisions on a bulletin board upon implementation. During this notice five (5) day period the Company, if requested, will meet with the Union to discuss the reasons for the change and any comments the Union may have to the change. f) Without limiting the generality of the foregoing provisions, it is expressly understood and agreed that a breach of any Company policies or rules, or of any provisions of this Agreement, shall be conclusively deemed to be sufficient cause for discipline or discharge of any employee, subject to the right of a seniority employee to lodge a grievance that he or she has been unjustly disciplined or discharged. g) During an employee’s probationary period, the Employer reserves the exclusive right to layoff or discharge that probationary employee and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency layoff or traveler staff, will discharge shall not be construed as contracting unit work subject to grievance by the employee or as an assignment the Union unless the termination is in violation of the Ontario Labour Relations Board. It is understood that it is not the intent of this provision to non-bargaining unit employeesprovide the employee with multiple forums for his or her dispute.

MANAGEMENT RIGHTS. Section 4.1 Prior to 1 It is recognized that all rights, powers, and duties of their offices inherent therein or otherwise provided by law or Court rule are reserved and retained by the execution of this Agreement with the Union, the rights respective Judges of the Employer 72nd Judicial District Court, except only as expressly abridged in a. The right to manage were limited only by applicable federal decide the number and state law. Except as specifically set forth by an express provision location of this Agreementits facilities, departments, and etc.; work to be performed within the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are Unit; the right to alter or discontinue jobs, classifications, or practices; the maintenance and repairs; amount and kind of supervision necessary; methods and means of operation; scheduling and establishment of hours; manpower and work sites; full control of the selection, examination, review, and evaluation of personnel, programs, operations and facilities; to determine when and re-determine where services will best facilitate the composition 72nd Judicial District Court. b. Further, it is recognized that the responsibility and prerogatives of its work forcethe management of the 72nd Judicial District Court for the selection and direction of the working forces includes but is not limited to the right to decide the number of employees, including the mix of employees required right to hire, suspend, discipline for just cause or transfer, train or retrain; the right to decide employee qualifications and the composition of work teamsjob qualifications; to determine the number times and amounts of employees required, overtime to be worked; recesses and its staffing requirements and criteriato carry out Supreme Court Directives concerning holidays; the right to determine make necessary policy, rules and require standards of performance regulations such as reflected in District Court Employee Handbook governing employee’s conduct and safety; and to maintain order relieve an employee from duty because of a lack of work or other legitimate reason; all of which are vested exclusively in the Court and efficiency and County, subject only to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by Agreement. Be it provided the Employer on a unilateral basisDistrict Court Employee Handbook is not subject to collective bargaining and thereby its content policy is subject to the grievance procedure in so far as it may conflict with the terms of this Agreement. Section 4.2 In the event the Employer decides to subcontract unit work c. The Court and the contract will reduce County’s failure to exercise any function or right hereby directly or indirectly reserved to it or its exercise of such function or right in a particular way shall not be deemed a waiver of its rights to exercise such function or right or preclude the hours available to employees covered by Court and County from exercising the same in some other way not in conflict with the express provisions of this Agreement. d. The Union recognizes the right and duty of the Court to operate and manage its affairs in accordance with the State of Michigan Constitution and the directives of the Michigan Supreme Court. If any article or section of this Agreement or any appendixes or supplement thereto should be held invalid by any Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the Employer will give remainder of the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will collective bargaining agreement shall not be construed as contracting unit work or as an assignment to non-bargaining unit employeesaffected thereby.

MANAGEMENT RIGHTS. Section 4.1 Prior to It is expressly understood and agreed that all functions, rights, powers or authority of the execution Board of Trustees which are not specifically limited by the express language of this Agreement with or by the UnionIllinois Educational Labor Relations Act are retained by the Board, the rights provided such right shall not be exercised as to violate any of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision specific provisions of this Agreement or to abrogate any of the duties of the Board under the Illinois Educational Labor Relations Act. BETWEEN THE BOARD OF TRUSTEES AND THE COLLEGE OF LAKE COUNTY STAFF COUNCIL REGARDING THE GRANDFATHERING OF CERTAIN EMPLOYEES FOR RETIREMENT BENEFITS During the negotiations for a successor agreement to the 2007-2010 Collective Bargaining Agreement, the parties agree have discussed that the management rights Board of Trustees is changing the Employer eligibility criteria for its retirement programs to require employees to have not been limited or abridged by this Agreementno less than fifteen (15) years of continuous full-time service in Board-appointed positions and to meet SURS retirement eligibility criteria at the time of retirement. Without limiting the generality of the foregoingIn particular, the parties agree have developed or modified Memoranda of Understanding regarding Board Policy 525, the Board policy regarding the pick-up of portions of employees' SURS retiree insurance premiums, and the Board policy regarding the pick-up of portions of employees' Medicare insurance premiums. In recognition that among certain employees will soon be able to meet the rights eligibility criteria under the unchanged, previous Board retirement policies, the parties have agreed that individuals meeting the following criteria will be permitted to access the benefits described in the Memoranda of Understanding of the Employer which are not abridged or limited by this 2014-2018 Collective Bargaining Agreement are the right to determine and re-determine the composition of its work forcedealing with Board Policy 525, including the mix of employees required and the composition of work teams; to determine the number of employees requiredretiree SURS insurance premiums, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedretiree Medicare insurance: 1. The matters set forth herein shall not employee must have at least ten (10) years of continuous full-time service in a Board-appointed position on or before December 31, 2011; 2. By June 30, 2011, the employee must give the Board of Trustees written irrevocable notice of his or her intent to retire which notice provides that he or she will retire on or before June 30, 2014; and 3. The employee must be eligible to retire, and in fact, retire directly into the SURS system on or before June 30, 2014. If the employee meets all these criteria, he or she will be subject to arbitration. Assignment and eligible for the benefits set forth in the Memoranda of unit work Understanding regarding Policy 525, SURS retiree insurance and retiree Medicare insurance, subject to employees the other terms, conditions and limits of those MOU's, including caps and limits on the contributions to be made by the Board and subject to any provisions regarding the ability of the Employer outside Board to change such policies. Prior to execution of the bargaining unit will not cause this MOU, a layoff list of bargaining unit those employees who are qualified eligible for the above benefits will be attached to perform this agreement. This list is intended to eliminate any ambiguity regarding eligible employees and is not intended to exclude, by clerical or other such error, any employee who would otherwise be eligible according to the workterms above. All matters not covered by This MOU is subject to the provisions terms and conditions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this 2014-2018 Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodincluding, but not limited to, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesgrievance procedure.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth modified or restricted by an express a specific provision of this Agreement, nothing in this Agreement shall be deemed to limit the parties agree Employer in any way in the management rights exercise of regular and customary functions of management, including, but not limited to the following: 1. The determination or modification of Employer's goals and objectives, including the determination or modification of the Employer have not been limited nature and scope of Employer's functions, the determination or abridged by this Agreement. Without limiting the generality modification of the foregoingsize, number, location and function of Employer's organizational units or other activities; 2. The specification and acquisition of apparatus, equipment or other materials including program materials, and the parties agree that among use of such apparatus, equipment or material; 3. The establishment of methods of operation and procedures, including, for example, program and client evaluation procedures and the rights institution of technological alterations in processes, or equipment of both; 4. The expansion or contraction of Employer's services generally, or any activity of function specifically, and the determination of appropriate staffing levels within the bargaining unit generally, or any department, activity, or function specifically; 5. The direction of the Employer which are not abridged or limited by this Agreement are working force, including the right to determine within scope of job classification, work and re-duty assignments and to determine whether or not particular assignments are to be performed by employees covered by this Agreement; 6. The recruitment, utilization and assignment of volunteers (including student interns) to assist and supplement the composition regular staff. Such volunteers will not be considered members of its work forcethe bargaining unit, shall not be used as replacements for members of the bargaining unit of a temporary or permanent basis, shall not be paid a salary, and shall not be responsible for carrying any specific cases; 7. The employment, on a temporary basis, of substitutes for members of the regular staff during their absences. Such temporary personnel will not be considered members of the bargaining unit under this Agreement; 8. The contracting with the consultants and specialist to perform special assignments under direct supervision; it being understood and agreed that the regular staff will cooperate with such consultants and specialists in the performance of their assignments; provided that monies from the Personal Services portion of the budget shall not be used to subcontract for services which would permanently displace a bargaining unit position; 9. The design and implementation of safety program and plans for increased efficiency; 10. The determination of employee qualifications; 11. The right to select and hire new employees including temporary employees; 12. The right to determine and reward meritorious performance; 13. The right to select or employ supervisory employees (although the mix of employees required and the composition of work teams; Employer shall give due consideration to possible promotion from within); 14. The right to determine the number of employees requiredhours worked, the schedule of the workday, schedule of lunch time and break times, the amount of overtime to be worked, if any, and its staffing requirements and criteria; the employees working such overtime, except as otherwise provided for in this Agreement; 15. The right to determine the scheduling of vacations and require standards of performance other time off; 16. The right to establish and enforce reasonable rules and regulations pertaining to maintain order conduct and efficiency and to determine the competency deportment of employees; , such reasonableness being subject to direct employees and to determine job assignments, including the floating and temporary reassignment provisions of employees; to determine the working schedules; to determine whether the whole Article 13 (Grievance Procedure). These rights shall be limited only as specified in applicable state or federal laws or any part provision subject to this labor agreement. All rights, responsibilities and prerogatives that are inherent by virtue of the operation shall continue to operate all federal, state, and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall local laws cannot be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by any grievance or arbitration proceeding specified in this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights 4.01 The management and direction of the work force are vested solely in the Employer to manage were limited only and shall not in any way be abridged except by applicable federal and state law. Except specific restrictions as specifically are set forth by an express provision of this Agreement. 4.02 The Union recognizes that the management of the Employer’s business includes but is not limited to the assignment and direction of the working force, the parties agree the management rights determination of the Employer have not been limited number of shifts, hours of shifts, and qualifications of employees to be employed or abridged retained by this Agreement. Without limiting the generality of the foregoingEmployer, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work forcehire, including the mix of employees required and the composition of work teams; suspend, discharge, discipline for just cause, promote, demote, layoff or transfer employees, to determine the number of employees requiredmake operational improvements, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order reasonable and proper discipline and work rules, and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by accordance with the provisions of this Agreement Agreement. 4.03 Due to the nature of its business, the City shall have the right to require any employees to perform temporary work which he has not generally been performing and for which he is qualified. All employees must perform all such duties assigned to them. In addition, the City’s managerial staff or supervisory personnel shall be administered permitted to perform in relief for any and all duties of any Union employee during emergencies or for training purposes. a) The City can direct the workforce anywhere in the City for temporary work and management will cross-train employees to perform other tasks to maintain staff utilization and to avoid layoffs. b) In addition to the previously permitted use by management of making temporary assignments on an as needed basis, when there is an opening in a classification, management can assign any qualified employee within that classification to the opening in its discretion. Before making the assignment, management will discuss its reasoning with the Union and will not use this clause as discipline or punishment. 4.04 The foregoing enumeration of management rights shall not be deemed to exclude other rights of management not specifically set forth, the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees thereby retaining all rights not otherwise specifically covered by this Agreement, regardless of whether or not the same have been heretofore exercised. All of the rights, powers, and authority the Employer will give had, prior to the Union at least thirty (30) days advance written notice. During signing of this notice period, Agreement are retained by the Employer and Union will meet to discuss and consider alternatives to contracting out remain the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use exclusive right of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesmanagement without limitation.

MANAGEMENT RIGHTS. Section 4.1 Prior to 19.1 The Guild recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were limited only by applicable federal its affairs in all respects in accordance with its responsibilities, and state lawthe powers and authority, which the Employer possesses. 19.2 The Guild recognizes the exclusive right of the Employer to establish reasonable work rules. Except as specifically set forth by an express provision Provided, the City has agreed to negotiate with the Guild regarding any changes in work rules regarding drug testing, physical fitness requirements and those regulations regarding personal conduct unrelated to the performance of police tasks during the term of this Agreement, . 19.3 The Employer has the right to schedule overtime work as required in a manner most advantageous to the Employer and consistent with the requirements of municipal employment and the public interest. 19.4 It is understood by the parties agree that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the management rights employee. 19.5 The Employer reserves the right to discipline or discharge non-probationary employees for just cause. The Guild acknowledges the Civil Service Laws and Rules for the City of Lynnwood. The Employer reserves the right to layoff for lack of work or funds, or the occurrence of conditions beyond the control of the Employer or where such continuation of work would be wasteful and unproductive. The Employer shall have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition reasonable schedules of work teams; and to determine establish the methods and processes by which such work is performed. 19.6 The Employer agrees to provide employees with the contents of their balance sheet (or its future replacement) annually. Should the balance sheet entry be of a negative nature that may result in disciplinary action should such conduct that originated the balance sheet (or its future replacement) entry reoccur, the Employer agrees to provide the employee the contents of the negative entry as soon as practical. Balance sheet entries (or its future replacement) shall not be used for progressive discipline purposes for more than two years (24 months) unless the employee is advised of the necessity for maintaining entries that document an on-going performance problem. This does not apply to formal discipline greater than a verbal reprimand. Employees shall at all times be permitted to view their balance sheets (or its future replacement) upon request. 19.7 Employees wishing to engage in off-duty employment must first obtain the approval of the Chief. The Chief shall not unreasonably withhold approval of off-duty employment. No authorization for outside employment shall permit employment for a number of employees requiredhours that shall result in a requirement under any Law that the Employer pay overtime; provided, and its staffing requirements and criteria; however, the right to determine and require standards of performance and to maintain order and efficiency and to determine Chief may, on specific occasions, authorize such overtime hours. Employees will not patronize licensed liquor establishments where they have worked within the competency of employees; to direct employees and to determine job assignments, including last six months. 19.8 There shall exist at the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees option of the Employer who are employed under this Agreement, assigned a reserve unit of commissioned law enforcement officers to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by which the provisions of this Agreement shall not apply. This reserve unit of commissioned Law Enforcement Officers may be administered by utilized to supplement the regular patrol force or other duties subject to bargaining with the Guild. 19.9 The Guild agrees that the Employer on may employ one Provisional Police Officer who is not a unilateral basis. Section 4.2 In member of the event bargaining unit. Provisional Police Officers shall only work duties related to the Employer decides to subcontract unit work Patrol Division, and Employees shall have the contract will reduce the first right of refusal for overtime. No amount of hours available to employees covered worked by a Provisional Police Officer shall be considered a violation of this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior It is recognized that the Employer retains the right, except as otherwise provided in this Agreement, to manage the execution affairs of this Agreement with the Union, the rights Borough and to direct its work force. Such functions of the Employer include, but are not limited to: a. recruit, examine, select, promote, transfer and train Employees of its choosing, and to manage were limited only determine the times and methods of such actions; b. assign and direct the work; develop and modify job descriptions as well as assign the salary range for each classification, and allocate positions to those ranges; determine the methods, materials and tools to accomplish the work; designate duty stations and assign Employees to those duty stations; c. reduce the work force due to lack of work, funding or other cause consistent with efficient management; discipline, suspend, demote or dismiss Employees for just cause; d. establish reasonable work rules; assign hours of work and assign Employees to shifts of its designation. e. the right to contract out work performed by applicable federal and state lawbargaining unit members if the Employer determines that a cost savings or increased efficiency will be achieved. Except as specifically set forth by an express provision When the contracting out of this Agreementwork is being considered, the parties agree Employer shall withhold taking such action to provide the management Association 14 calendar days from the date of notification of intent to contract out for presentation of alternate methods of performing the work or effectuating the cost savings before the decision is made by the Employer. The Employer will provide all available cost comparisons to the Association. The cost of termination notice periods or pay shall not be included in the cost of contracting out. Notwithstanding the provisions of Article 21 employees displaced by contracting out will be given bumping rights by seniority across departmental lines for any position for which they are qualified. Bumping rights apply only to positions at the same or lower pay ranges. Qualifications will be based upon the existing job descriptions at the time of layoff. Article 18 Section 3 will apply to employees accepting a lower range position. Employees displaced as a result of contracting out who have completed their probationary period will receive three times the normal termination pay or notice due. All of the functions, rights, powers and authority of the Employer have not been limited specifically abridged, delegated or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited modified by this Agreement are recognized by the right to determine and re-determine Association as retained by the composition of its work force, including Employer. Management agrees that the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein management rights article shall not be subject used as a guise to arbitration. Assignment unfairly discriminate against any employee, group of unit work to employees of employees, or the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisAssociation. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union‌ It is agreed that, the rights of the Employer to manage were except as limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give management of Departments and Agencies in the Bargaining Unit shall inhere in the Employer. Management rights include, but are not limited to, the right, without engaging in negotiations, to: Determine matters of managerial policy; mission of the Agency; budget; the method, means, and personnel by which the Employer’s operations are to be conducted; organization structure; standards of service and maintenance of efficiency; the right to select, promote, assign, or transfer employees; discipline employees for just cause in accordance with this Collective Bargaining Agreement; and in cases of temporary emergency, to take whatever action is necessary to safeguard employees in accordance with MIOSHA Safety Standards, and carry out the Agency’s mission. Make reasonable work rules which regulate performance, conduct, and safety and health of employees, provided such work rules shall be reduced to writing and furnished to the Union at least thirty ten (3010) work days in advance written noticeof their effective date. During this notice periodAdditionally, work rules will be made available to each Bargaining Unit employee subsequent to the Union’s review and prior to their effective date. This Agreement, including its supplements and exhibits attached hereto (if any), concludes all primary negotiations between the parties during the term hereof and satisfies the obligation of the Employer and the Union will meet to discuss and consider alternatives to contracting out bargain during the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionterm of this Agreement, except as otherwise provided in writing, that a decision to subcontract is likelythis Agreement. The use Union acknowledges and agrees that the bargaining process, under which this Agreement has been negotiated, is the exclusive process for affecting terms and conditions of temporary staffing employment at both primary and secondary levels, and such as agency or traveler staff, will terms and conditions shall not be construed as contracting unit work addressed under Civil Service Rules and Regulations. The parties agree that by mutual agreement they may reopen for negotiations any portions of this Agreement. The parties acknowledge that during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any negotiable subject or as an assignment to non-bargaining unit employees.matter, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. UNION BUSINESS‌

MANAGEMENT RIGHTS. Section 4.1 Prior to The Employer retains the execution of this Agreement with the Union, the rights of the Employer sole right to manage were limited only by applicable federal its business and state law. Except as specifically set forth by an express provision of this Agreement, services and to direct the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work working force, including the mix right to decide the number and location of employees required its business and service operations, the business and service operation to be conducted and rendered, and the composition methods, processes and means used in operating its business and services, and the control of work teamsthe buildings, real estate, materials, parts, tools, machinery and all equipment which may be used in the operation of its business or in supplying its services; to determine whether and to what extent the number of work required in operating its business and supplying its service shall be performed by employees required, and its staffing requirements and criteriacovered by this Agreement; the right to determine and require standards of performance and to maintain order and efficiency in all its departments and to determine the competency of employees; to direct employees and to determine job assignmentsoperations, including the floating sole right to discipline, suspend, and temporary reassignment discharge employees for cause; to hire, layoff, assign, transfer, promote and determine the qualifications of employees; to determine the working schedules; schedule of its various departments, and to determine whether the whole starting and quitting time and the number of hours to be worked; subject only to such regulations governing the exercise of these rights as are expressly provided in this Agreement, or any part of the operation shall continue to operate and whether and what work will be performed provided by employees Law. The above rights of the Employer who are employed under not all-inclusive, but indicate the type of matters or rights that belong to and are inherent to the Employer. Any and all the rights, powers and authority the Employer had prior to entering this Agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted, or modified by this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein Management rights shall not be subject to arbitration. Assignment of unit work to employees include the right of the Employer to require any employee to perform duties outside their civil service classification except as provided for in the Agreement. In the management of its business and services and in its direction of the bargaining unit will not cause a layoff work force as described in Article III of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give shall take into consideration past practice in the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, department when a change in writing, that a decision to subcontract operations is likelycontemplated. The use City may explore possibilities for the establishment of temporary staffing a Greater Auburn Area Fire Authority and will explore those possibilities with the Association if an Authority becomes a possibility. The parties agree that the establishment of such as agency or traveler staff, will an Authority by the City could impact the terms and conditions of employment of employees in the bargaining unit and therefore agree to negotiate regarding all mandatorily negotiable elements of the decision and impact of the establishment of an Authority. The parties further agree that should they not be construed as contracting unit work able to agree on any mandatorily negotiable issues related to either the decision or as the impact of the establishment of an assignment Authority, any unresolved mandatorily negotiable issues can be submitted by either party to non-bargaining unit employeesbinding interest arbitration for expedited resolution by an interest arbitration panel appointed in accordance with PERB procedures, which panel shall be empowered to decide all such issues.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement The Union acknowledges that all management rights and prerogatives are vested exclusively with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without without limiting the generality of the foregoing, it is the parties agree that among the rights exclusive right and function of the Employer which are not abridged or limited by except as this Agreement are the right otherwise specifies: (a) to determine and re-determine establish job content, the composition work to be done, the schedule and the standards and procedures for the performance of its work forcesuch work, including the mix number of employees required and the composition 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. The Employer reserves the right to amend or abolish such rules, regulations, policies and procedures or introduce new rules, etc. from time to time, copies of work teamswhich are to be posted on the bulletin board. It is agreed that, prior to changes being made under this clause, the Employer shall notify the employees of such change and further agrees to consider any representation made by the employees with respect to such change; (c) to hire, transfer, layoff, recall, promote, demote, classify and assign duties; to determine discharge, suspend or otherwise discipline employees who have completed their probationary period, provided that a claim by any employee that they have unjustly been disciplined may be subject to the grievance procedure. Probationary employees may be discharged at the sole discretion of the Employer. The Employer may dismiss a probationary employee where the employee is found to be unsuitable for continued employment in the position to which she/he has been appointed. (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 the employees and the operations of 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, and its staffing requirements and criteria; required for the right to determine and require standards of performance Employers purpose and to maintain order reduce or increase normal hours of work per day or per week and efficiency to establish starting and quitting times; (e) to determine the competency nature and kind of employeesfunctions and operations to be conducted by the Employer; the services to direct employees be rendered and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed method by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its which such services will be performed. The matters set forth herein shall not rendered; the kinds and locations of facilities, equipment, merchandise, goods, fixtures to be subject used, the type of resident services to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work carried on; and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer control of materials and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesgoods.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement The Union acknowledges that all management rights and prerogatives are vested exclusively with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without without limiting the generality of the foregoing, it is the parties agree that among the rights exclusive right and function of the Employer which are not abridged or limited by except as this Agreement are the right to otherwise specifies: (a) To determine and re-determine establish job content, the composition work to be done, the schedule and the standards and procedures for the performance of its work forcesuch work, including the mix number of employees required and the composition 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. The Employer reserves the right to amend or abolish such rules, regulations, policies and procedures or introduce new rules, etc. from time to time, copies of work teamswhich are to be posted in the procedural binder. It is agreed that, prior to changes being made under this clause, the Employer shall notify the employees of such change and further agrees to consider any representation made by the employees with respect to such change; (c) To hire, transfer, layoff, recall, promote, demote, classify and assign duties; to determine discharge, suspend or otherwise discipline employees who have completed their probationary period, provided that a claim by any employee that they have unjustly been disciplined may be subject to the grievance procedure. Probationary employees may be discharged at the sole discretion of the Employer. The Employer may dismiss a probationary employee where the employee is found to be unsuitable for continued employment in the position to which she/he has been appointed. (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 the employees and the operations of 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, required for the Employers purpose and its staffing requirements to reduce or increase normal hours of work per day or per week and criteriato establish starting and quitting times; (e) To determine the nature and kind of functions and operations to be conducted by the Employer; the right services to determine be rendered and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed method by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its which such services will be performed. The matters set forth herein shall not rendered; the kinds and locations of facilities, equipment, merchandise, goods, fixtures to be subject used, the type of resident services to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work carried on; and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer control of materials and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesgoods.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Employer retains the execution of this Agreement with the Union, the rights of the Employer sole right to manage were limited only by applicable federal its business and state law. Except as specifically set forth by an express provision of this Agreement, services and to direct the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work working force, including the mix right to decide the number and location of employees required its business and service operations, the business and service operation to be conducted and rendered, and the composition methods, processes and means used in operating its business and services, and the control of work teamsthe buildings, real estate, materials, parts, tools, machinery and all equipment which may be used in the operation of its business or in supplying its services; to determine whether and to what extent the number of work required in operating its business and supplying its service shall be performed by employees required, and its staffing requirements and criteriacovered by this Agreement; the right to determine and require standards of performance and to maintain order and efficiency in all its departments and to determine the competency of employees; to direct employees and to determine job assignmentsoperations, including the floating sole right to discipline, suspend, and temporary reassignment discharge employees for cause; to hire, layoff, assign, transfer, promote and determine the qualifications of employees; to determine the working schedules; schedule of its various departments, and to determine whether the whole starting and quitting time and the number of hours to be worked; subject only to such regulations governing the exercise of these rights as are expressly provided in this Agreement, or any part of the operation shall continue to operate and whether and what work will be performed provided by employees Law. The above rights of the Employer who are employed under not all-inclusive, but indicate the type of matters or rights which belong to and are inherent to the Employer. Any and all the rights, powers and authority the Employer had prior to entering this Agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted, or modified by this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein Management rights shall not be subject to arbitration. Assignment of unit work to employees include the right of the Employer to require any employee to perform duties outside their civil service classification except as provided for in the Agreement. The City may explore possibilities for the establishment of a Greater Auburn Area Fire Authority and will explore those possibilities with the Association if an Authority becomes a possibility. The parties agree that the establishment of such an Authority by the City could impact the terms and conditions of employment of employees in the bargaining unit will and therefore agree to negotiate regarding all mandatory negotiable elements of the decision and impact of the establishment of an Authority. The parties further agree that should they not cause a layoff be able to agree on any mandatory negotiable issues related to either the decision or the impact of bargaining unit employees who are qualified the establishment of an Authority, any unresolved mandatory negotiable issues can be submitted by either party to perform the work. All matters not covered binding interest arbitration for expedited resolution by the provisions of this Agreement an interest arbitration panel appointed in accordance with PERB procedures, which panel shall be administered by the Employer on a unilateral basisempowered to decide all such issues. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of ‌ The Union recognizes that the Employer to manage were limited only by applicable federal has the obligation of serving eligible clients with quality, efficient and state laweconomical legal services. Except as specifically set forth by an express provision of this Agreement, The Employer and the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties Union further agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work forceexcept as otherwise provided, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by expressly limited to wages, benefits, hours and working conditions of employees, and no provisions shall be construed to restrain the Employer on from the management of its operations. The Employer shall have all the rights afforded it by this Agreement and except as limited by a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by specific provision(s) of this Agreement, the Employer will give shall continue to have the Union at least thirty (30) days advance written notice. During this notice period, exclusive right to take any action it deems appropriate in the management of the Employer and Union will meet direction of the work force in accordance with its judgment. All inherent and common law management functions and prerogatives which the Employer has not modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Employer. Included in such rights, but not limited thereto are the right to discuss determine the size and consider alternatives composition of the work force, the right to contracting out determine standards of legal and advocacy services; the staffing pattern or patterns; the areas to be worked; the work to be performed, the method and place of performing work, including the right to determine that the Employer's work force shall not perform certain work. Such discussion will be concluded within twenty (20) working days from the date the The Employer advises the Unionalso retains all other rights and prerogatives, subject only to such regulations and restrictions governing, in writingexercise of these rights as are expressly provided in this Agreement. Provided, however, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will this provision shall not be construed as contracting unit work to allow the Employer to require any employee to violate any provision of the West Virginia Rules of Professional Conduct, any regulations of the Legal Services Corporation or as an assignment any other funding source. The Employer also retains the right to non-bargaining unit employeespromulgate, enforce and periodically modify reasonable written rules and regulations, not in conflict with the expressed provisions of this Agreement. The Employer by not exercising any function hereby reserved to it, or by exercising any such function in a particular way, shall not be deemed to have waived its right to exercise such function, or precluded from exercising the same, in some other way not in conflict with the express provisions of this Agreement.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.1 The Union recognizes the execution of this Agreement with the Union, the rights prerogatives of the Employer to operate and manage were limited only the Clerk's Office and the services provided thereby in all respects in accordance with its responsibilities, lawful powers, and legal authority. All matters not expressly covered by applicable federal and state law. Except as specifically set forth by an express provision the language of this Agreement, and/or mutually agreed upon written agreements executed subsequent to the parties agree the management rights date of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions signature of this Agreement labor agreement, shall be administered by the Employer on a unilateral basis. Section 4.2 In in accordance with such policies and/or procedures as the event Employer, from time to time, may establish and implement. The Employer's prerogatives and rights to operate and manage the Employer decides to subcontract unit work Clerk's Office and the contract will reduce services provided thereby without bargaining about the hours available to employees covered by this Agreementdecisions, include but are not limited to, the Employer will give following: a. The right to establish and implement reasonable work rules, procedures, and work performance standards, including the Union at least thirty (30) days advance right to complete written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use performance evaluations of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees. b. The right to schedule work and overtime work and the methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with this labor agreement. c. The right to hire, transfer, promote, demote, change work locations, suspend, discharge, lay off, recall, or discipline employees as deemed necessary by the Employer as provided by this Agreement and/or as provided by the General Rules, Regulations, Policies, and Procedures of Yakima County. d. The right to determine the size and composition of the work force, modify job responsibilities, and assign employees to work locations and shifts. e. The right to determine what duties shall be performed by various personnel. f. The parties understand that incidental duties connected with operations, not enumerated in job descriptions, shall nevertheless be performed by the employee when requested by a supervisor. g. The right to take actions as may be necessary to carry out Employer's services in emergencies. h. The right to make any and all decisions pertaining to budgetary and fiscal matters; i. The right to take actions necessary to comply with the Americans with Disabilities Act. 3.2 Nothing in this Agreement shall be interpreted to limit the authority placed in the Board of Yakima County Commissioners and the elected County Clerk and the rights and obligations owed thereby to the electorate in conformity with statutory law.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Association recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were limited only its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. All matters not expressly covered by applicable federal and state law. Except as specifically set forth by an express provision the language of this Agreement, by state law, or court rule shall be administered for the duration of this Agreement by the Employer as the Employer, from time to time may determine. Management’s affairs and prerogatives which the parties agree the management rights of the Employer have agreed do not been constitute negotiable matters relating to wages, hours and working conditions are inclusive of, but are not limited or abridged by this Agreement. Without limiting the generality of the foregoingto, the parties agree that among the rights of the following: 5.1 The right to establish and institute any and all work rules and procedures, whether written or oral, upon reasonable notice to Bargaining Unit members. The Employer which are not abridged or limited by this Agreement are has the right to determine develop and re-determine adopt as well as administer written or oral personnel rules and policies which cover matters not specifically described in this agreement. Further, the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; Employer has the right to determine make oral or written changes and/or modifications to oral or written personnel rules and require standards of performance policies. An employee shall abide by said changes. Personnel rules and policies which are oral in nature will be based on past practices and oral communications between the Employer and the employees. Written personnel rules and policies will be posted and provided to maintain order affected employees. 5.2 The right to schedule any and efficiency all work and overtime work and any and all methods and processes by which said work is to determine be performed in a manner most advantageous to the competency of employees; to direct employees Employer and to determine job assignments, including consistent with the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part requirements of the operation public interest. 5.3 The right to hire, transfer, layoff and promote employees as deemed necessary by the Employer in accordance with the provisions of this Agreement. 5.4 The right to discipline for just cause any and all employees as provided in the disciplinary Article of this Agreement. 5.5 The right to make any and all determinations as to the size and composition of the work force. 5.6 The parties understand and agree that incidental duties reasonably connected with Bargaining Unit work not necessarily enumerated in job descriptions shall continue to operate and whether and what work will nevertheless be performed by employees when requested to do so by the Employer. 5.7 The Employer shall have the right to take whatever actions the Employer deems necessary to carry out County services in an emergency. The Employer shall be the sole determiner as to the existence of an emergency and any and all action necessary to implement service during said emergency. An emergency shall be a sudden or unexpected happening or situation that calls for action without delay. The Employer will take into consideration the safety of the Employer who are employed under this Agreementemployees. 5.8 The Court Administrator has the right to introduce any and all new, assigned improved and automatic methods or equipment to improve efficiency and to reduce costs. 5.9 The Court Administrator has the right to assign employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by accordance with the provisions of this Agreement shall be administered by the Employer on a unilateral basisAgreement. Section 4.2 In 5.10 The right to close or liquidate an office, branch, operation or facility or combination of facilities, or to relocate, reorganize or combine the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreementof divisions, the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodoffices, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionbranches, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency operations or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesfacilities.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union recognizes the right of the Company to hire, promote, transfer, demote, retire under the provisions of the Pension Plan and lay off employees and to suspend, discharge or to otherwise discipline employees for just cause subject to the execution right of this Agreement any employee to lodge a grievance in the manner and to the extent as herein provided. An employee who has not completed his probation may be discharged if Management determines that he is unsuitable for employment with the Union, company. The Union further recognizes the rights right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency in its plants and to determine the competency location of employees; its plants, to direct employees and to determine job assignmentsadd, including the floating and temporary reassignment of employees; alter or discontinue any department or operation, to determine the working schedules; products to determine whether be manufactured, the whole or any part scheduling of its production and its methods, processes and means of manufacturing. The Union further acknowledges that the operation shall continue Company has the right to operate make and whether alter, from time to time, rules and what work regulations to be observed by employees, which rules and regulations will be performed discussed with the Bargaining Committee before publication. Nothing in this agreement shall be deemed to restrict the Management in any way in the performance of all functions of management except those specifically abridged or modified by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedagreement. The matters set forth herein Company’s management rights shall not be subject to arbitration. Assignment of unit work to employees of exercised in a manner inconsistent with the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions terms of this Agreement agreement. The Company shall fix the wage rate for any new classification which it creates at an amount which the Company considers to be administered by in line with the Employer wage rates in effect under this agreement on the date when fixed. If the Local Union believes that the wage rate so fixed is not in line with present rates, then it may discuss such new rates with the Personnel Manager if a unilateral basis. Section 4.2 In the event the Employer decides request to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least do so is made within thirty (30) days advance written noticeof the installations of the new rate. During this notice periodIf within five (5) days of initiating the discussion of the new rate the patties cannot agree, the Employer Local Union may submit the dispute to arbitration in accordance with section Step In its submission to the arbitrator, the Local Union shall state the rate it proposes for the new classification and Union will meet to discuss the reason it believes the Company new rate is out of line with the present rates. If the arbitrator is satisfied that the new rate is out of line, then he may set the rate at such rate as he deems appropriate and consider alternatives to contracting out consistent with the work. Such discussion will be concluded within twenty (20) working days from existing rate, but in no event higher than the date rate submitted by the Employer advises the Local Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior 3.01 The Union acknowledges the Employer's rights include but are not limited to the execution of this Agreement 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 the Union, the rights any of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision provisions of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are ; b. the right to determine select, hire and re-determine direct the composition of its work force, including the mix of employees required workforce and the composition of work teamsemployees; to determine the number of employees requiredtransfer, assign, promote, classify, layoff, and its staffing requirements rehire employees; to select and criteria; retain employees for positions excluded from the bargaining unit; c. the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether manage the Employer's business in order to satisfy its commitments and what work will be performed by employees of responsibilities, the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; right to determine the kind and location of its facilities 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 where its services will 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 at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, including the workforce, without interference. 3.02 The matters set forth herein sole and exclusive jurisdiction over operations, building, machinery and equipment shall not be subject to arbitration. Assignment of vested in the Employer. 3.03 Management can perform bargaining unit work to under the following circumstances: a. all bargaining unit employees of have been offered the work, and none are willing; or b. all employees have already reached forty-four (44) hours in that week; and c. the work performed by management does not exceed thirty (30) hours in a calendar month. 3.04 The Employer outside may contract out work where: a. it does not possess the necessary facilities or equipment; or b. it does not have and/or cannot acquire the required manpower. Work normally performed by members of the bargaining unit will not cause a layoff of bargaining unit be subcontracted out if employees who are qualified to perform do the work are on layoff, or if employees qualified to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.01 The Union recognizes and acknowledges that the execution of this Agreement with the Union, the rights management of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights direction of the working force are fixed exclusively in the Employer have not been limited or abridged by this Agreement. Without limiting without restricting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer which are not abridged to: (a) maintain order and discipline and enhance efficiency and effectiveness; (b) hire, discharge, layoff and recall, suspend, classify, direct, transfer, promote, demote or limited by this Agreement are discipline employees for just cause, subject to the right of an employee to determine lodge a grievance in the matter and re-determine to the composition extent as herein provided; (c) to add, maintain and enforce reasonable rules and regulations to be observed by employees; (d) Generally to manage the enterprise in which the Employer is engaged and without restricting the generality of its work forcethe foregoing, including to plan, direct and control operation, to direct the mix of employees required and the composition of work teams; workforces, to determine the number of employees requiredpersonnel required from time to time, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency number and location of employees; to direct employees and to determine job assignmentsfacilities, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part quality of the operation shall continue to operate services and whether and what work will be performed by employees of the Employer who are employed under this Agreementprocesses, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; procedures to be employed, schedules of work or production, including scheduling meals and other breaks, standard of performance, to select, procure and control supplies, materials, products and produce, to determine the kind extension, limitation, curtailment and location cessation of its facilities operation. 3.02 It is understood and where its services will be performed. The matters set forth herein agreed that these rights shall not be subject to arbitrationexercised in a manner inconsistent with the specific terms of this agreement. Assignment of unit work to employees of It is also understood that a claim that the Employer outside has exercised these rights in a manner that is inconsistent with the specific terms of the bargaining unit will not cause this agreement shall be proper subject matter for a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered grievance. 3.03 The Union agrees that, except as specifically provided for by the provisions of this Agreement Agreement, there will be no Union activity on the premises of the Employer during the employee’s working hours, except by agreement with the Employer. 3.04 Authorized Representatives of the Union may enter the premises of the Employer for the purpose of conducting business provided the Representatives first receive permission from the General Manager or designate. Such permission shall not be unreasonably denied. Notice upon entering shall be administered by the Employer on given to a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the workrepresentative of management. Such discussion will business shall be concluded within twenty (20) working days from conducted at a mutually agreeable time and place. It is further agreed that such activity shall not interfere with the date efficient operation of the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesHotel.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.01 The Employer has the execution of this Agreement with the Union, the rights of the Employer exclusive right to manage were limited only by applicable federal its facilities, direct the workforce, to make, alter and state law. Except as specifically set forth by an express provision of this Agreementenforce reasonable rules, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without regulations and/or policies, and without limiting the generality of the foregoing: a) To maintain order, discipline and efficiency; b) To have the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine sole and re-determine the composition of its work forceexclusive jurisdiction over all operations, including the mix of employees required buildings, equipment and the composition of work teams; machinery, to determine the location of operations, and their expansion or their curtailment and the nature of the equipment to be used; c) To hire, promote, demote, transfer, lay-off and rehire Employees; d) To determine, the number of employees requiredshifts, the content, methods and processes to be employed in performing work tasks, the quantity and quality standards, the qualifications of an Employee based on their evaluation to perform a particular job, the number of Employees needed by the Employer at any time, the number of hours to be worked, the starting and quitting times, when overtime shall be worked and the schedules of operations; e) To establish, change, combine or abolish job classifications; f) To discipline or discharge Employees for just cause; 3.02 The Employer agrees that it will not exercise its staffing requirements functions in a manner inconsistent with the provisions of this Agreement 3.03 The Employer may contract for the provision of specialized trade services at any time, where members of the bargaining unit cannot perform such services (i.e. sub-station and criteria; high voltage site servicing etc.). 3.04 The Employer shall not sub-contract any work under this Agreement to any other Company or Employee, without prior authorization of the right Association. The Association will not unreasonably withhold its authorization as long as the normal working hours of current working Employees will not be reduced. The Employer will review with the Association Executive at every scheduled meeting what special trade services were contracted out and why. An Employee accepting a promotion to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole a supervisory position or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer other person outside of the bargaining unit will not cause take away work that is normally performed by an Employee who is a layoff member of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisAssociation. Section 4.2 In 3.05 The Association acknowledges the event existence of the Employer decides to subcontract unit work Employer’s Standard Operating Procedures manual. When there is a conflict between the Employer’s Standard Operating Procedures manual and the contract will reduce the hours available to employees covered by this Collective Agreement, a full review of the Employer conflicting item will give take place with a view to amend the Union at least thirty (30) days advance written noticeconflict. 3.06 The company will be responsible for making reasonable rules and regulations. During this notice period, Input would be forthcoming from the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likelyAssociation Executive. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or Employer and the Association Executive would have to have a mutual agreement to any changes in contract as an assignment addendum to non-bargaining unit employeesthis contract.

MANAGEMENT RIGHTS. Section 4.1 Prior Nothing in this Agreement shall limit the Employer in its sole exercise of its function of management, and subject to the execution of this Agreement with the Union, the rights provision of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have shall manage its business, including, but not been limited or abridged by this Agreement. Without limiting the generality of the foregoingto, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine direct the composition work of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to plan, direct employees and to determine job assignmentscontrol its operations, including the floating hire, promote and temporary reassignment of demote, discipline, suspend or discharge for just cause; reorganize its operations, transfer employees; assign employees; to determine the working schedules; amount of work needed, number of employees needed, and the hours of work within the limits prescribed herein. In addition, the Employer shall retain the right to determine whether the whole add to or modify any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location whole of its facilities operations, provided nothing is done in violation of this Agreement and where its services will be performedthe right to establish reasonable work rules and regulations which may include drug testing and/or security background checks consistent with federal and state law or in sensitive work environments. The matters set forth herein It is agreed that these enumerations of management rights shall not be subject deemed to arbitrationexclude other rights not enumerated, provided nothing is done in violation of specific terms of this Agreement. Assignment of unit The Employer agrees that no work to employees of or services presently performed by the Employer outside of the collective bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered be contracted out or performed by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees, except that the Employer reserves the right to contract out work under only the following circumstances: A. Bargaining unit employees do not have the skills and/or the particular job requires special equipment which the Employer does not own; or B. Time of completion of a project is of the essence and cannot be met with existing employees; C. Under past practice such work has been contracted out; or D. Would require work to be done on an unreasonable amount of overtime. This Section shall not affect the Employer's right to lay-off employees; however, the parties recognize that the exceptions to no subcontracting are to permit the Employer sufficient flexibility to perform work that is outside routine cleaning services, is not presently performed by it, or otherwise falls under subparagraphs A - D, above. Therefore, the Employer shall not use this Article to lay off employees because of their subcontracting of routine cleaning work which it presently performs unless it falls under one or more of the exceptions noted in subparagraphs A - D, above.

MANAGEMENT RIGHTS. Section 4.1 Prior 29.01 The Union agrees that it is the exclusive function of the Employer covered by this Agreement: a. To hire, discharge, classify, transfer, promote, demote, lay-off, suspend or otherwise discipline employees, provided that a claim by an employee that he has been discharged, suspended, disciplined, or has been subjected to disciplinary demotion without reasonable cause shall be subject to the execution provisions of the grievance procedure; b. To make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the employees; c. To assign and re-assign work to employees to determine and judge the content and functions of all jobs and classifications, to change and vary at any time such work assignments, to introduce new and improved methods and equipment and establish and maintain an efficient mobile work force with diverse skills. It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement with the Unionor in a manner which is unreasonable, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees requiredarbitrary, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignmentsdiscriminatory or in bad faith. 29.02 An Employer may sub-contract work, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation work on a project, that falls within the craft jurisdiction of this agreement, to a non-union sub-contractor, provided the Unions, cannot supply qualified members from the Union hiring hall. The Employer shall continue also send written notice to operate the Union of the engagement of the sub-contractor by the Employer, prior to the award and whether and what commencement of work by the sub-contractor, at which time the Union will be performed by employees given the opportunity to provide qualified personnel. The Employer will submit a contract duration and scope of work to the Union. Preference in Sub-contracting shall be given to companies in contractual relations with the Union. 29.03 If an Employer sub-contracts work, the Employer who are employed under this Agreementshall pay the Union Sub-Contracting permit Fees equal to ten dollars ($10.00) per working month per job site, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods per worker and procedures; to determine the kind and location of its facilities and where its services fees will be performedremitted with the next Union remittance. The matters set forth herein Any Employer that fails to send notice to the Union, or pay the required sub-contractor fees in accordance with the foregoing sub-articles, shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.following liquidated damages:

MANAGEMENT RIGHTS. Section 4.1 Prior Subject to the execution terms of this Agreement, the Union recognizes the right of the Employer to the management of its operations and direction of the working forces including the right to hire and select employees, promote or discharge any employee for just cause, and further recognizes the right of the Employer to operate and manage its business in accordance with its commitments and responsibilities including methods, processes and means of production or handling. The Employer shall have the right to name-hire Local members who have been employed by the Employer in the previous eighteen (18) months. In the event that a project's conditions place the contractor in an uncompetitive position with non-Union bidders, or with the owners forces, this Agreement may be altered accordingly by mutual agreement of the Union and the Employer's negotiating committee. The Union warrants that this Agreement will not come into competition with any other International Union of Operating Engineers Local Union No. Agreement for the same work. When the Employer is in need of employees, qualified members in good standing from the Union will be employed. Such members from the Fort area shall be given preference. Employees shall be requested from the Union and the employees will be issued a referral slip in due course. If the Union is unable to supply qualified persons within four (24) hours, the Employer may hire wherever possible. On Saturdays, Sundays, and Holidays the Employer shall have the right to hire employees directly with preference to qualified members of the Union and the job xxxxxxx shall be advised when they commence work. The Employer shall advise the Union on the first working day following of anyone so employed on a Saturday, Sunday, or Holiday. If any such employee is not an eligible member in good standing with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer Union shall have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine have the composition of its work forceemployee replaced forthwith with a qualified local residential member in good standing with the Union. The right to employ people on Saturdays, including the mix of employees required and the composition of work teams; to determine the number of employees requiredSundays, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignmentsHolidays, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitrationabused by the Employer. Assignment On projects where circumstances have necessitated the hiring of unit work to Local permit holders, and layoffs take place, the following procedures and sequence for layoff shall be followed provided the remaining employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.required:

MANAGEMENT RIGHTS. Section 4.1 Prior (a) The Union recognizes the sole right of the Employer, subject to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision provisions of this Agreement, to exercise the parties agree the management rights normal functions of the Employer have not been limited or abridged by this Agreement. Without management, which shall include, without limiting the generality of the foregoing, the parties agree that among right to: (i) direct the rights work of its employees; (ii) hire and promote, demote, discipline, suspend or discharge for just cause any employee; (iii) increase or decrease the Employer which are not abridged or limited by this Agreement are work force as it sees fit; (iv) assign employees to jobs, transfer employees from job to job, and designate the right to determine and re-place of work; (v) determine the composition of its work force, including the mix duties of employees required and the composition methods of work teams; to determine the number schedule of employees requiredwork, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating content and temporary reassignment of employees; to classifications; (vi) determine the number and classifications of employees at any work station or location; (vii) make, alter and enforce rules and regulations; (viii) establish standards of volume, level and quality of work performance; (b) In any emergency declared by the WRHA Laundry Operations Selkirk site employees are required to perform duties as assigned, notwithstanding any contrary provision in this Agreement. (c) In the case of the significant breakdown of equipment or the destruction or partial destruction of the WRHA Laundry Operations Selkirk site, the parties agree that employees at the Selkirk site will be given first option to work at the Winnipeg site if management temporarily transfers work there and additional staff are required. If an insufficient number of staff volunteer to temporarily transfer, staff shall be assigned on the basis of reverse seniority unless the time of shift is different in which case the employee may request and may be granted an exemption from working schedules; if it causes undue hardship to determine whether the whole employee. If the exemption is granted, the employee would be placed on an unpaid leave of absence. The Employer will transport the employees from the Selkirk site to the Winnipeg site for this purpose. Time spent in transport will be considered paid time. It is understood that the Employer will endeavor to bring the Selkirk site back to normal operations as quickly as possible. If employees do work at the Winnipeg site or any part of the operation shall continue to operate and whether and what work other location not as yet identified, they will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basiscurrent bargaining agent and current Collective Agreement. Section 4.2 6:02 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by administering this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodshall act reasonably, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionfairly, in writinggood faith, that and in a decision to subcontract is likely. The use of temporary staffing such manner consistent with the Agreement as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesa whole.

MANAGEMENT RIGHTS. Section 4.1 Prior 2.1 The Union agrees that the Employer, on behalf of the promoter / presenter / xxxxxx, requires stage technicians who are sufficiently qualified, to perform duties for the execution areas of responsibility as covered under this Agreement Agreement. Qualification shall be determined in consultation with the Union. The Union agrees that the Employer has the right of selecting all House Crew Technician Employees covered under this Collective Agreement. 2.2 The Employer reserves the right to insist on acquiring individuals who have the specialised knowledge for the areas of responsibility covered in this agreement. For a position requiring specific skills the employer will endeavour to give the Union sufficient notice of its requirements, seventy two (72) hours being the rights minimum notice. If in consultation it is determined that the Union is unable to supply qualified member(s) for such specialised positions, then the Employer may request from the Union, a work permit for a qualified individual from outside the Union. Such permit may be granted for a period not exceeding the duration of the production for which the individual is to be hired. The Union shall not unreasonably withhold such permit. The Union will endeavour to give the Employer a minimum of sixty four (64) hours notice that it is unable to supply qualified members for such specialised positions. 2.3 The Employer reserves the right to make such rules and regulations as deemed necessary for the conduct and management of the performances and working conditions, including qualification criteria. The Employer agrees that rules and regulations will be in writing and shall be made known to the Employees and the Union prior to being implemented. The Union agrees that its members shall obey all rules and the directions of any authorised representatives of the Employer, who shall be made known to the Union no later than the commencement of the first call, insofar as they do not conflict with the terms of this Agreement. 2.4 The Union acknowledges that it is the right and responsibility of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, to: i) Direct the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition control of its work force, including the mix of employees required property and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location maintenance of its facilities premises. ii) Maintain a positive, supportive and where service-oriented culture in its services will be performed. The matters set forth herein shall not be premises. iii) Provide all promoters / presenters / lessees with the most efficient and effective working environment possible. iv) Hire, discharge, layoff, recall, suspend or otherwise discipline employees subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered agreement. 2.5 The Stage Technicians agree to specifically abide by the Employer on a unilateral basisGrand Theatre Human Resource Policies; Section 6 – Workplace Culture, Equity and Harassment and Section 8 – General Administrative. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior (a) The Union recognizes the sole right of the Employer, subject to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision provisions of this Agreement, to exercise the parties agree the management rights normal functions of the Employer have not been limited or abridged by this Agreement. Without management, which shall include, without limiting the generality of the foregoing, the parties agree that among right to: (i) Direct the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition work of its employees; (ii) Hire and promote, demote, discipline, suspend or discharge for just cause any employee; (iii) Increase or decrease the work forceforce as it sees fit; (iv) Assign employees to jobs, including transfer employees from job to job, and designate the mix place of work; (v) Determine the duties of employees required and the composition methods of work teams; to determine the number schedule of employees requiredwork, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignmentscontent and classifications; (vi) Determine the number and classifications of employees at any work station or location; (vii) Make, including alter and enforce rules and regulations; (viii) Establish standards of volume, level and quality of work performance; (b) In any emergency declared by the floating Facility or disaster declared by EMO, employees are required to perform duties as assigned notwithstanding any contrary provision in the Collective Agreement. Compensation for unusual working conditions related to such emergency or disaster will be provided in accordance with the Collective Agreement. Where overtime is worked by reason of a disaster plan exercise or fire drill, overtime will be paid in accordance with Article 13. The importance of disaster plan exercises and temporary reassignment fire drills is mutually acknowledged by the Employer and the Union and, to this end, participation of employees; all employees is encouraged. (c) In the case of the significant breakdown of equipment or the destruction or partial destruction of the WRHA Laundry Operations Selkirk site, the parties agree that employees at the Selkirk site will be given first option to determine work at the Winnipeg site if management temporarily transfers work there and additional staff are required. If an insufficient number of staff volunteer to temporarily transfer, staff shall be assigned on the basis of reverse seniority unless the time of shift is different in which case the employee may request and may be granted an exemption from working schedules; if it causes undue hardship to determine whether the whole employee. If the exemption is granted, the employee would be placed on an unpaid leave of absence. The Employer will transport the employees from the Selkirk site to the Winnipeg site for this purpose. Time spent in transport will be considered paid time. It is understood that the Employer will endeavour to bring the Selkirk site back to normal operations as quickly as possible. If employees do work at the Winnipeg site or any part of the operation shall continue to operate and whether and what work other location not as yet identified, they will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basiscurrent bargaining agent and current Collective Agreement. Section 4.2 6:02 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by administering this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodshall act reasonably, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionfairly, in writinggood faith, that and in a decision to subcontract is likely. The use of temporary staffing such manner consistent with the Agreement as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesa whole.

MANAGEMENT RIGHTS. Section 4.1 Prior to 5.01 The Union recognizes and acknowledges that the execution of this Agreement with the Union, the rights management of the Employer to manage were limited only by applicable federal Community Living Walkerton and state law. Except as specifically set forth by an express provision of this Agreement, District and its operations and the parties agree the management rights direction of the Employees are fixed exclusively in the Employer have not been limited or abridged by this Agreement. Without and, without limiting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer which are not abridged to: a) maintain order, discipline and in connection therewith to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its Employees and to discipline or limited discharge Employees for just cause provided that a claim by this Agreement are an Employee who has acquired seniority that she has been disciplined or discharged without just cause may be the right to subject of a grievance and dealt with as hereinafter provided; b) select, hire, train, transfer, promote, classify, layoff and recall Employees, select Employees for positions excluded from the bargaining unit; c) determine and re-establish standards and procedures for the care, welfare, safety and comfort of the persons supported by the Employer; d) determine the composition location of its work forceoperations, including the mix schedules of employees required and the composition of work teams; to determine operations, the number of employees requiredshifts; determine the methods of providing services; determine job content, the qualifications of an Employee to perform any particular job and the method to assess that performance; determine the equipment to be used and to use new or improved methods and equipment, introduce, change or discontinue methods, services, job duties or processes; determine Employee work schedules, the number of Employees needed at any time, the number of hours to be worked, starting and quitting times and when overtime shall be worked, and its staffing requirements require Employees to work overtime; e) during the scheduling of Employees, ensure continuity of care, staff/consumer familiarity and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part efficient operation of the operation shall continue to operate Community Living Walkerton and whether and what work will be performed by employees of the District. 5.02 The Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit agrees that it will not cause exercise its functions in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce express provisions of this Agreement constitute the hours available to employees covered by this Agreement, only limitations on the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesEmployer’s rights.

MANAGEMENT RIGHTS. Section 4.1 Prior The Company reserves all rights which it heretofore had except to the execution extent that those rights are expressly limited by the provisions of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality foregoing reservation of the foregoingrights, the parties agree that among consider it to be desirable, in order to avoid unnecessary misunderstandings or grievances in the future, to specify by way of illustration some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be sources of potential controversy, these rights being: The right to determine direct and change the work operations and work force of the Employer which are Company; The right to increase or decrease the workforce, to eliminate or combine job classifications in whole or in part, and to establish new job classifications for such new classifications; The right to contract out any or all work of whatever kind, so long as such contracting out is not abridged for the retaliatory purpose of reducing the Bargaining Unit; The right to assign non-bargaining unit employees, including supervisory personnel, to perform work in emergencies or limited by this Agreement are the other circumstances; The right to determine and re-change the location and operations of all Company projects and facilities; The right to determine performance standards, the composition type of its work forceservices to be rendered, including the mix of employees required and the composition of work teamsmanner in which such services are to be performed; The right to determine the number type and quantity of employees requiredmachines, equipment and its staffing requirements supplies to be used and criteriathe purchase, control and use of all materials, equipment and supplies that are purchased, used or handled by the Company; the The right to determine and require standards sell, lease, shut down or otherwise dispose of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole all or any part of the operation shall continue Company's assets or business operations; The right to operate introduce changes in methods of operation, jobs or facilities, including the right to automate, totally or partially, any or all of its business operations, even though this operates to eliminate bargaining unit jobs; The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Company, regardless of whether and what work it is related to his principal duties. These job descriptions will be performed by employees of provided to the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work Union and the contract will reduce Union given the hours available chance to comment; The right to hire, promote, transfer and lay off employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, promoted, transferred or laid off; The right to schedule all work and hours of work, to determine the need for and amount of overtime, and to assign or require employees to work overtime; The right to make and enforce work rules not inconsistent with the express provisions of this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion No work rules will be concluded within twenty implemented by the Company until fifteen (2015) working calendar days from the date the Employer advises after it has been provided to the Union, during which time the Union may comment to the Company on such work rule(s). An exception to this policy is implementation of work rules in writing, that a decision to subcontract is likelycompliance with government requirements. The use Company agrees to provide copies of temporary staffing such as agency the government regulations in a timely fashion; and The right to terminate any employee without resort to the grievance or traveler staffarbitration provision, will not be construed as contracting unit work whose removal from their position is requested or as an assignment to non-bargaining unit employeesdirected by a government representative.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union recognizes the execution of this Agreement with the Union, the rights prerogatives of the Employer to operate and manage were limited only the Public Services Department and the services provided thereby in all respects in accordance with its responsibilities, lawful powers, and legal authority. All matters not expressly covered by applicable federal and state law. Except as specifically set forth by an express provision the language of this Agreement, and/or mutually-agreed upon written agreements executed subsequent to the parties agree the management rights date of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions signature of this Agreement labor agreement, shall be administered by the Employer on in accordance with such policies and/or procedures as the Employer, from time to time, may establish and implement. The Employer's prerogatives or rights include, but are not limited to, the following: A. The right to establish and implement reasonable work rules, procedures, and work performance standards including the right to complete written performance evaluations of bargaining unit employees at least annually. The evaluations will be discussed and reviewed privately with the employee before they are filed, and the employee shall be given the right to prepare a unilateral basiswritten rebuttal to any evaluation the employee desires, which rebuttal shall be filed with the evaluation form. Any such rebuttal shall be submitted to the Employer within seven (7) calendar days following completion of the evaluation. Section 4.2 In the event the Employer decides B. The right to subcontract unit schedule work and overtime work and the contract will reduce the hours available methods and processes by which said work is to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, be performed in a manner most advantageous to the Employer and Union will meet consistent with this labor agreement. C. The right to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date hire, transfer, suspend, discharge, lay off, recall, promote, or discipline employees as deemed necessary by the Employer advises as provided by this Agreement and/or as provided by the UnionGeneral Rules and Regulations of Yakima County Public Services. D. The right to determine the size and composition of the work force, modify job responsibilities, and assign employees to work locations and shifts. E. The right to determine what duties shall be performed by various personnel. F. The parties understand that incidental duties connected with operations not enumerated in job descriptions shall nevertheless be performed by the employee when requested by a supervisor. G. The right to take actions as may be necessary to carry out Employer's services in emergencies. H. The right to take actions necessary to comply with the Americans with Disabilities Act. 4.2 Nothing in this Agreement shall be interpreted to detract or circumscribe the trust emplaced in the officials, in writingthis case, that a decision of the Board of Yakima County Commissioners and the elected officials and/or departmental directors and the rights and obligations owed thereby to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesthe electorate in conformity with statutory law.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union acknowledges the execution of this Agreement with the Union, the rights right of the Employer Company to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, its business in all respects,to direct the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including and to introduce new or improved methods and facilities. The Union further acknowledgesthat it is the mix function of employees required the Company to hire, promote, demote, transfer and the composition of work teams; to determine the number of employees requiredlay-off employees, and its staffing requirements to suspend, disciplineand discharge employees forjust and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole sufficient cause. Any exerciseof these rights in or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistentwith the provisions of this Agreement shall be administered subject to the provisions of the grievanceprocedure as set forth herein. The listing of specific rights in this Agreement is not intended to be nor shall be restrictive of, or a waiver of, any of the rights of not listed and specificallysurrendered whether or not such rights have been exercised by the Employer on Company in the past. ARTICLE UNION SECURITYAND The Company agrees to deduct the pay entitlement drawn by the Company and payable to each employee coming within the scope of the bargaining unit, the regular weekly Union dues, and remit same to the Union prior to the 15th day of the month following the month in which such deductions are made, and shall at the same time, submit a unilateral basis. Section 4.2 list of names of the employees from whose pay such deductions have made, and thoseemployees absent for ten (10) days or more in the month due to sickness or accident. In event that Union dues are during the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by of this Agreement, the Employer will give the Union at least thirty Company shall be given fourteen (3014) days advance written days' prior notice. During this notice periodThe Union shall indemnify and save the Company, its agents and employees, from any and all claims or actions, brought by an employee out of or in any way related to the Employer and Union deductions made in accordance with thisarticle. The Company agrees that upon receipt of written authorization, it will meet to discuss and consider alternatives to contracting out deduct the work. Such discussion will be concluded within twenty (20) working days initiation fee from the date wages of an employeejoining the Employer advises union after the ratification of thisAgreement. All employees as of the signing of this Collective Agreement who are members of the Union, in writingand all employeeswho become members after such xxxx, that a decision to subcontract is likelyshall remain members of the Union. The use Company agrees to recognize employees of temporary staffing such the Company (excluding employees), elected or appointed as agency Stewards to deal with under the "opeof this Agreement. There shall be a maximum of one (1) Xxxxxxx for every twenty-five (25) employees in the bargaining unit, plus a chief xxxxxxx. if an employee so desires, he may be by the or traveler staffChief Xxxxxxx when being interviewed by a management representative relating to a serious breach of conduct, or is given an reprimand, or is demoted,suspended or No Xxxxxxx or member of a Union committee shall leave his post of duty during his normal working hours to discuss grievanceswith employees and/or Union Representatives without receiving permission from his immediate Supervisor. permission will not be construed withheld. The Company agrees to pay the regular hourly for time so spent, or for time spent in meeting with the Company. The Company shall provide a board for the use of the Union upon which the Union shall have the right to notices relating to matters of interest to the Union and the employees. The contents of such notices shall not anything detrimental to Company interests. The Business Agent or other known Executive of the Union may make arrangements with the Plant Manager or his appointee to enter the plant during business hours to interview employees for the purpose of hearing grievances. It is that such visits will be timed to cause as contracting unit work or little disruption as an assignment to non-the normal conduct of business. It is further that Representatives of the Union will comply with Company regulationsand restrictions. The Company agrees to a Negotiating Committee of up to two (2) employees, all members of the bargaining unit employeesunit, for the purpose of negotiatingamendments to this Collective Agreement. Providing sufficient is received, timeoffwithout pay will be granted to members of this Committee for preparation and negotiating purposes. It is understood that the Company is work,however it is agreed that the Company will not increase this practice to the detriment of the Current drivers.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Association recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. All matters not expressly covered by the language of this Agreement or by state law shall be administered for the duration of this Agreement by the Employer as the Employer, from time to time, may determine. Management’s affairs and prerogatives which the parties have agreed do not constitute negotiable matters relating to wages, hours and working conditions are inclusive of, but is not limited only to, the following: 5.1 The right to establish and institute any and all work rules and procedures whether written or oral, upon reasonable notice to Bargaining Unit members. The Employer has the right to develop and adopt as well as administer written or oral personnel rules and policies which cover matters not specifically described in this agreement. Further, the Employer has the right to make oral or written changes and/or modifications to oral or written personnel rules and policies. An employee shall abide by applicable federal said changes. Personnel rules and state lawpolicies which are oral in nature will be based on past practices and oral communications between the Employer and the employees. Except Written personnel rules and policies will be posted and provided to affected employees. 5.2 The right to schedule any and all work and overtime work and any and all methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with the requirements of the public interest. 5.3 The right to hire, layoff and promote employees as specifically set forth deemed necessary by an express provision the Employer in accordance with the provisions of this Agreement, . 5.4 The right to discipline any and all employees as provided in the parties agree disciplinary Article of this Agreement. 5.5 The right to make any and all determinations as to the management rights size and composition of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the work force. 5.6 The parties understand and agree that among the rights of the Employer which are incidental duties reasonably connected with Bargaining Unit work not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine necessarily enumerated in job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation descriptions shall continue to operate and whether and what work will nevertheless be performed by employees when requested to do so by the Employer. 5.7 The Employer shall have the right to take whatever actions the Employer deems necessary to carry out County services in an emergency. The Employer shall be the sole determiner as to the existence of an emergency and any and all actions necessary to implement service during said emergency. An emergency shall be a sudden or unexpected happening or situation that calls for action without delay. The Employer will first take into consideration the safety of the employees. 5.8 The Employer who are employed under this Agreementhas the right to introduce any and all new, assigned improved and automatic methods or equipment to improve efficiency and to reduce costs. 5.9 The Employer has the right to assign employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by accordance with the provisions of this Agreement shall be administered by the Employer on a unilateral basisAgreement. Section 4.2 In 5.10 The right to close or liquidate an office, branch, operation or facility or combination of facilities, or to relocate, reorganize or combine the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreementof divisions, the Employer will give the Union at least thirty (30) days advance written notice. During this notice periodoffices, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionbranches, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency operations or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesfacilities.

MANAGEMENT RIGHTS. Section 4.1 xx Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without in any manner limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to discipline and discharge for just cause, determine and re-determine the composition of its work force, force (including the mix of employees required and the composition of its work force and the mix of employees required and the composition of work teams); to determine the number of employees required, required on any shift and its staffing requirements department and the staff- ing requirement and criteria; the right to determine and require standards of performance and to maintain order and efficiency clinical per- formance and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; assign overtime and place employees on stand-by as needed to assure availability in emergency situations in accordance with departmental expectations; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed per- formed by employees of the Employer who are employed under this Agreement, assigned or as- signed to employees outside this bargaining unit or subcontracted(including supervisors); to implement changes in operational methods methods, procedures, policies and proceduresrules; and to determine the kind and location of its facilities and equipment and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by under the provisions provision of this Agreement agreement shall be administered by the Employer employer on a unilateral basis. xx The Association does not abrogate its rights nor the Hospital its obligations to negoti- ate with respect to all matters which are otherwise the subject of negotiations under the National Labor Relations Act. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.1 The CTP Group recognizes the execution of this Agreement with the Union, the rights prerogative of the Employer to operate and manage were limited only the Public Services Department and the services provided thereby in all respects in accordance with its responsibilities, lawful powers, and legal authority. All matters not expressly covered by applicable federal and state law. Except as specifically set forth by an express provision the language of this Agreement, and/or mutually agreed upon written agreements executed subsequent to the parties agree the management rights date of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions signature of this Agreement labor agreement, shall be administered by the Employer on in accordance with such policies and/or procedures as the Employer, from time to time, may establish and implement. The Employer's prerogatives or rights include, but are not limited to, the following: Yakima County and Public Works – CTP Employees Group Page 1 2018 – 2019 Collective Bargaining Agreement 3.1.1 The right to establish and implement reasonable work rules, procedures, and work performance standards, including the right to complete written performance evaluations of bargaining unit employees at least annually. The evaluations will be discussed and reviewed privately with the employee before they are filed, and the employee shall be given the right to prepare a unilateral basiswritten rebuttal to any evaluation the employee desires, which rebuttal shall be filed with the evaluation form. Any such rebuttal shall be submitted to the Employer within seven (7) calendar days following completion of the evaluation. Section 4.2 In the event the Employer decides 3.1.2 The right to subcontract unit schedule work and overtime work and the contract will reduce the hours available methods and processes by which said work is to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, be performed in a manner most advantageous to the Employer and Union will meet consistent with this labor agreement. 3.1.3 The right to discuss select, hire, transfer, and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date lay off employees as deemed necessary by the Employer advises in accordance with the Unionprovisions of this Agreement. 3.1.4 The right to discipline employees in accordance with the provisions of this Agreement. 3.1.5 The right to determine the size and composition of the work force, modify job responsibilities, and assign employees to work locations and shifts. 3.1.6 The Employer may also assign incidental duties to employees that are not enumerated in writingjob descriptions, that and the employees shall perform the incidental duties upon the Employer's request. 3.1.7 The Employer shall have the right to take whatever actions the Employer deems necessary to carry out Employer services in a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesbona fide emergency.

MANAGEMENT RIGHTS. Section 4.1 Prior 4.01 The Union acknowledges it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency, (b) hire, classify, transfer, promote, demote and lay off employees and also suspend, discipline or discharge employees for just cause, provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided. (c) to determine and establish standards and procedures for the execution care, welfare, safety and comfort of those receiving services of the Association; (d) the intent of the Employer during scheduling of employees is to ensure continuity of care, staff/supported person individual familiarity and efficient operation of the Association; (e) the parties recognize that the Association must make the best use of available resources to meet evolving service needs. The rights given under this Agreement Article 4 will not be exercised in a manner inconsistent with this collective agreement. 4.02 The Union further recognizes the Union, the rights right of the Employer to operate and manage were limited only the Employer's facilities in all respects in accordance with its commitments and its obligations and responsibilities. The right to decide on the number of employees needed by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementthe Employer at any time, the parties agree right to use modern methods, machinery and equipment, and jurisdiction over all operations, building and equipment at the management rights Employer's facilities are solely and exclusively the responsibility of the Employer. The Employer have not been limited or abridged also has the right to make and alter from time to time rules and regulations to be observed by this Agreement. the employees. 4.03 Without limiting the generality of the foregoingforegoing provisions, the parties agree it is expressly understood and agreed that among the rights a breach of any of the Employer which are not abridged rules or limited by this of any of the provisions of the Agreement are shall be conclusively deemed to be sufficient cause for discharge or discipline of an employee, provided that nothing herein contained shall prevent an employee from going through the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; grievance procedure to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basissuch breach took place. Section 4.2 In 4.04 Generally to manage the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesEmployer's facilities.

MANAGEMENT RIGHTS. Section 4.1 Prior 5.1 Accept as modified by this agreement, the Employer has and retains every right and prerogative of management, and that the management of the business and operations of the Employer and the direction of its working forces are vested exclusively in the Employer. 5.2 The listing of the following specific rights is not intended to the execution be nor shall it be restrictive of, or a waiver of, any of this Agreement with the Union, the rights of the Employer to manage were limited only not listed and specifically surrendered herein, whether or not such rights have been exercised by applicable federal and state lawthe Employer in the past. Except as specifically set forth Thus, by an express provision way of this Agreementillustration but not by way of limitation, the parties agree following rights shall be solely within the management rights province of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the Employer: (a) The right to determine what functions and re-determine patients will be served by the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteriaEmployer; the right to determine and require standards the times during which the operations of performance and to maintain order and efficiency the Employer shall be conducted and to determine the competency extent of employeessuch operations; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; right to determine the size and composition of the working schedulesforce or the cutback thereof; the right to determine whether the whole or any part equipment to be utilized in the operations of the operation shall continue Employer, the methods and procedures to operate be followed in carrying out the Employer’s operations; and whether the practices and what work will be performed by employees procedures for use, care, and maintenance of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontractedEmployer’s equipment; the right to implement changes in improved operational methods and procedures; and the right to determine the kind and location of its facilities and where its services will facilities. (b) The right to determine the quality of work to be performed by the employees; the right to determine the quantity of the work to be performed. The matters set forth herein shall not be subject ; the right to arbitration. Assignment of unit schedule the Employer’s business and operations; the right to direct the work force, including the right to employees of the Employer outside hire, transfer, discharge, suspend, layoff, promote (including promotion out of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified unit), demote, or discipline employees, subject to perform the work. All matters not covered by the provisions of this Agreement Agreement; the right to determine and change the content and location of the jobs of the employees; the right to determine the work schedule of each employee; and the right to promulgate rules, regulations and personnel policies not specifically covered under this Agreement. (c) The right to control or change the assignment of work of each employee including, but not limited to, the right to determine to whom a particular job shall be administered by assigned and to the location of the home visits to which each Nurse shall be assigned; the right to direct employees; the right to determine job assignment; and the right to determine the materials and equipment used. (d) The right to determine the number and location of the Employer’s facilities; the right to maintain order and efficiency; and the right to close down or move part of any or all facilities, functions or operations. (e) The right to make reasonable rules and regulations as the Employer on a unilateral basis. Section 4.2 In may from time to time deem best for the event the Employer decides purpose of maintaining order, health, safety, and/or effective and economic operation of its business, and after advance notice thereof to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, to require compliance therewith by the employees, including the right to require each and every employee to observe applicable health and safety rules and instructions adopted or required by the Employer. 5.3 The Employer shall notify the Union of changes in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeespolicies and practices.

MANAGEMENT RIGHTS. Section 4.1 Prior to 3.01 The Employer has the execution of this Agreement with the Union, the rights of the Employer exclusive right to manage were limited only by applicable federal its facilities, direct the workforce, to make, alter and state law. Except as specifically set forth by an express provision of this Agreementenforce reasonable rules, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without regulations and/or policies, and without limiting the generality of the foregoing: a) To maintain order, discipline and efficiency; b) To have the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine sole and re-determine the composition of its work forceexclusive jurisdiction over all operations, including the mix of employees required buildings, equipment and the composition of work teams; machinery, to determine the location of operations, and their expansion or their curtailment and the nature of the equipment to be used; c) To hire, promote, demote, transfer, lay-off and rehire Employees; d) To determine, the number of employees requiredshifts, the content, methods and processes to be employed in performing work tasks, the quantity and quality standards, the qualifications of an Employee based on their evaluation to perform a particular job, the number of Employees needed by the Employer at any time, the number of hours to be worked, the starting and quitting times, when overtime shall be worked and the schedules of operations; e) To establish, change, combine or abolish job classifications; f) To discipline or discharge Employees for just cause; 3.02 The Employer agrees that it will not exercise its staffing requirements functions in a manner inconsistent with the provisions of this Agreement 3.03 The Employer may contract for the provision of specialized trade services at any time, where members of the bargaining unit cannot perform such services (i.e. sub-station and criteria; high voltage site servicing etc.). 3.04 The Employer shall not sub-contract any work under this Agreement to any other Company or Employee, without prior authorization of the right Association. The Association will not unreasonably withhold its authorization as long as the normal working hours of current working Employees will not be reduced. The Employer will review with the Association Executive at every scheduled meeting what special trade services were contracted out and why. An Employee accepting a promotion to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole a supervisory position or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer other person outside of the bargaining unit will not cause take away work that is normally performed by an Employee who is a layoff member of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisAssociation. Section 4.2 In 3.05 The Association acknowledges the event existence of the Employer decides to subcontract unit work Employer’s ISO Policy and Standard Operating Procedures manual. When there is a conflict between the Employer’s ISO Policy and Standard Operating Procedures manual and the contract will reduce the hours available to employees covered by this Collective Agreement, a full review of the Employer conflicting item will give take place with a view to amend the Union at least thirty (30) days advance written noticeconflict. During this notice period, The Association may appoint an ISO Internal Auditor who will keep the Association informed of any policy changes. 3.06 The company will be responsible for making reasonable rules and regulations. Input would be forthcoming from the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likelyAssociation Executive. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or Employer and the Association Executive would have to have a mutual agreement to any changes in contract as an assignment addendum to non-bargaining unit employeesthis contract.

MANAGEMENT RIGHTS. Section 4.1 Prior to 5.01 The Union recognizes that the execution management of the operations and the direction of the employees are fixed exclusively in the Employer and shall remain solely with the Employer except as expressly limited by the clear and explicit language of a specific provision of this Agreement with the Unionand, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting without restricting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer which are not abridged to: maintain order, discipline and efficiency; hire, assign, retire, promote, demote, classify, transfer, direct, lay off, recall and to suspend, discipline or limited discharge employees provided that a claim by this Agreement are an employee who has successfully completed his or her probationary period that he or she has been disciplined, suspended or discharged without just cause may be the right to determine subject of a grievance and re-dealt with as hereinafter provided; determine the composition hours of its work, shifts, work forceassignments, including the mix of employees required and the composition of work teamsassignments, increase or decrease of work assignments, methods of doing the work, positions required, and all other matters concerning the Employer’s operation and not otherwise specifically dealt with elsewhere in this Agreement; determine the nature and kind of business conducted by the Employer, the kinds and locations of operations, equipment and materials to determine be used, the methods and techniques of work, the number of employees requiredto be employed, the extension, limitation, curtailment of cessation of operations or any part thereof, and its staffing requirements and criteria; the right to determine and require standards of performance exercise all other functions and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation prerogatives which shall continue to operate and whether and what work will be performed by employees of remain solely with the Employer who are employed under except as specifically limited by the express provisions of this Agreement; make, assigned enforce and alter from time to time policies, rules and regulations to be observed by the employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall which are not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistent with the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 Agreement. In the event that the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreementimplements new or alters existing rules or regulations, the Employer will give the Union at least thirty five (305) days advance written noticebusiness days’ notice of any intended change in its policies, rules and regulations and post the revisions on a bulletin board upon implementation. During this notice five (5) day period the Company, if requested, will meet with the Union to discuss the reasons for the change and any comments the Union may have to the change. Without limiting the generality of the foregoing provisions, it is expressly understood and agreed that a breach of any Company policies or rules, or of any provisions of this Agreement, shall be conclusively deemed to be sufficient cause for discipline or discharge of any employee, subject to the right of a seniority employee to lodge a grievance that he or she has been unjustly disciplined or discharged. During an employee’s probationary period, the Employer reserves the exclusive right to layoff or discharge that probationary employee and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency layoff or traveler staff, will discharge shall not be construed as contracting unit work subject to grievance by the employee or as an assignment the Union unless the termination is in violation of the Ontario Labour Relations Board. It is understood that it is not the intent of this provision to non-bargaining unit employeesprovide the employee with multiple forums for his or her dispute.

MANAGEMENT RIGHTS. Section 4.1 Prior 2.01 The Union recognizes the right of the Company to hire, promote, transfer, demote, retire under the provisions of the Pension Plan and lay off employees and to suspend, discharge or to otherwise discipline employees for just cause subject to the execution right of this Agreement any employee to lodge a grievance in the manner and to the extent as herein provided. An employee who has not completed his probation may be discharged if Management determines that he is unsuitable for employment with the Union, company. 2.02 The Union further recognizes the rights right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency in its plants and to determine the competency location of employees; its plants, to direct employees and to determine job assignmentsadd, including the floating and temporary reassignment of employees; alter or discontinue any department or operation, to determine the working schedules; products to determine whether be manufactured, the whole or any part scheduling of its production and its methods, processes and means of manufacturing. 2.03 The Union further acknowledges that the operation shall continue Company has the right to operate make and whether alter, from time to time, rules and what work regulations to be observed by employees, which rules and regulations will be performed discussed with the Bargaining Committee before publication. 2.04 Nothing in this agreement shall be deemed to restrict the Management in any way in the performance of all functions of management except those specifically abridged or modified by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. agreement. 2.05 The matters set forth herein Company's management rights shall not be subject to arbitration. Assignment of unit work to employees of exercised in a manner inconsistent with the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions terms of this Agreement shall be administered by the Employer on a unilateral basisagreement. Section 4.2 In 2.06 The Company shall fix the event wage rate for any new classification which it creates at an amount which the Employer decides Company considers to subcontract unit work and be in line with the contract will reduce wage rates in effect under this agreement on the hours available date when fixed. If the Local Union believes that the wage rate so fixed is not in line with present rates, then it may discuss such new rates with the Director of Human Resources if a request to employees covered by this Agreement, the Employer will give the Union at least do so is made within thirty (30) days advance written noticeof the installations of the new rate. During this notice periodIf within five (5) days of initiating the discussion of the new rate the parties cannot agree, the Employer Local Union may submit the dispute to arbitration in accordance with section 6.07, Step III. In its submission to the arbitrator, the Local Union shall state the rate it proposes for the new classification and Union will meet to discuss the reason it believes the Company’s new rate is out of line with the present rates. If the arbitrator is satisfied that the new rate is out of line, then he may set the rate at such rate as he deems appropriate and consider alternatives to contracting out consistent with the work. Such discussion will be concluded within twenty (20) working days from existing rate, but in no event higher than the date rate submitted by the Employer advises the Local Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to The recognizes that the execution management of this Agreement the Board and all management rights and prerogatives and the direction of the working force are fixed exclusively with the Union, Board and shall remain solely with the rights of the Employer to manage were limited only by applicable federal and state law. Except Board except as specifically set forth limited by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting restricting the generality of the foregoing, the parties agree Union acknowledges that among it is the rights exclusive function of the Employer Board to: maintain order, and efficiency; hire, discharge, retire, assign, direct, promote, demote, classify, transfer, layoff, recall and suspend or otherwise discipline employees, provided that a claim that an employee, who has completed his or her probationary period, has been discharged or disciplined without cause may become the subject of a grievance and may be dealt with as hereinafter provided; determine, job rating or classification, work assignments, methods of doing the work and the working establishment for any service; number of personnel required, the services to be performed and the methods, procedures and The board acknowledges the right of the Union to appoint or select four (4) employees who have completed their probationary period in presenting grievances. These employees shall be stewards, one (1) of which are shall be the Chief Xxxxxxx. The Union shall notify the Board, in writing, of the names of such stewards at the time of their appointment recognize any such xxxxxxx until it has been notified. The Union agrees that the stewards have regular duties to perform in connection with their and that so far as possible all activities of the stewards will be carried on outside of the regular working hours of the stewards. A xxxxxxx shall not abridged leave her or limited his regular working duties without permission of her or his immediate supervisor, or other persons appointed by this Agreement are the Board, such permission which shall not be unreasonably denied. When resuming her regular work, the stewards shall again report to her or his immediate or other persons appointed by the Board. The Board acknowledges the right of the Union to appoint or select three (3) employees who have completed their probationary period to be members of the Union negotiating committee. One of the members shall be the Chief Xxxxxxx. The Union shall notify the Board, in writing, of the names of such employees prior to the commencement of negotiations. The Union Negotiation Committee shall have the right to determine and re-determine have the composition assistance of its a representative during negotiating meetings with the Board. The Employer shall not contract out any work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be usually performed by employees of the bargaining unit if, as a result of such contracting out, a layoff of any employees other than casual part-time employees results from such contracting out. Contracting out to an Employer who are employed under this Agreement, assigned to is organized and who will employ the employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will who would otherwise be laid off with similar and conditions of employment is not a breach of Supervisors excluded from the bargaining unit shall not perform duties normally performed by said employees in the bargaining unit shall directly cause a or result in the layoff or reduction in hours of work of said employees in the bargaining unit. provision does not prevent supervisors excluded from the bargaining unit from doing work in emergencies, for training, instruction or in the absence of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basispersonnel. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior to The UNION recognises and acknowledges that the execution manage- ment of this Agreement with the Union, operation and the direction of the working forces are the exclusive rights of the Employer to manage were limited only by applicable federal EMPLOYER and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without without limiting the generality of the foregoingforegoing , the parties agree UNION acknowledges that among it is the rights exclusive function of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work forceEMPLOYER to: Maintain order, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order discipline and efficiency and in con- nection therewith to determine the competency of make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees; discipline and discharge of employees for just cause, provided that a claim for unjust discipline or discharge may be the subject matter of a griev- ance and be dealt with as hereinafter provided: Select, hire, transfer, assign to direct shifts, promote, xx- xxxx, classify, layoff, recall or retire employees, and se- lect employees and to determine job assignments, including for positions within the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedunit. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit EMPLOYER agrees that it will not cause exercise its functions in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Agreement agreement. The union xxxxxxx shall be administered elected by the Employer on a unilateral basis. Section 4.2 In membership or appointed by the event UNION, whose duty it shall be to see that all members live up to the Employer decides to subcontract unit work rules of the EMPLOYER and the contract will reduce UNION. The union xxxxxxx shall not be discriminated against in his employment because of performing the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written noticeduties of his of- fice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will Management shall be concluded within twenty (20) working days from the date the Employer advises the Unionadvised, in writing, that a decision as to subcontract is likelythe name of the union xxxxxxx and any changes thereto: before recognition will be given to the incumbent of the position. The use union xxxxxxx shall be permitted reasonable time to investigate, present and process grievances on the EMPLOYER'S property without loss of temporary staffing such as agency time or traveler staffpay during his regular work- ing hours. Such time spent in handling grievances during the union xxxxxxx'x regular working hours shall be considered working hours in computing overtime if within the regular schedule of the xxxxxxx. The union xxxxxxx'x activities shall not interfere with the Employer's business. Time cards shall be made available to the union xxxxxxx within a reasonable period upon request, will to determine the hours worked by various employees covered by the agreement. Time cards shall not be construed as contracting unit work removed from the branch office. Any employee who may be called into the manager's of- fice for disciplinary action or as to receive a reprimand shall be informed of his right to have an assignment union xxxxxxx present if he so desires, providing nothing herein shall restrict the EMPLOYER from calling an employee for investigation or ques- tioning on any phase of the EMPLOYER'S operations; and if the union xxxxxxx shall be present on any of the above condi- tions, he shall in no way interfere with or obstruct such in- vestigation or questions. The EMPLOYER reserves the right to non-bargaining unit employeessuspend an employee immediately, when in it circum- stances warrant such action, but will delay final disposition until the union xxxxxxx is available and provided further that the employee has requested that an union xxxxxxx be present. Such actions will be taken only in extreme or un- usual circumstances. If an union xxxxxxx is not available (due to holidays, sickness, etc.) an alternate xxxxxxx will be named to take the place of the union xxxxxxx who is not available.

MANAGEMENT RIGHTS. Section 4.1 Prior The Employer hereby retains and reserves unto itself; without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the execution signing of this Agreement with by the Union, the rights laws and Constitution of the Employer to manage were limited only by applicable federal State of New Jersey and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting United States, including, but, without limitation, the generality of the foregoing, the parties agree that among the rights following rights: Section 1. The executive management and administrative controls of the Employer which are not abridged or limited by this Agreement are Authority and its properties and facilities. The management and control of the right to determine and re-determine the composition activities of its employees by utilizing personnel in the most appropriate and efficient manner as from time to time may be determined by the Employer. Section 2. The Employer shall determine work forceschedules and shifts, including the mix of employees required and the composition of work teams; to determine decide the number of employees needed for any particular time. Section 3. The Employer shall determine any different or improved procedures, techniques, equipment and machinery to be utilized in the management and operation of the Employer. Section 4. The Employer shall hire all employees and subject to the provisions of the law, shall determine the qualifications and conditions of continued employment, the content of work assignments and shall assign, promote and transfer employees. Section 5. The Employer shall make, maintain, amend and promulgate such rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety and/or the effective and efficient operation of the Authority after advance notice thereof to the employees and required Section 6. The Employer shall determine the amount of overtime to be worked. No such rule or regulation will alter a term and condition of employment contained in this Agreement. Section 7. The Employer shall suspend, and its staffing requirements and criteria; demote, discharge or take any other appropriate disciplinary action against any employee for just cause according to law. Section 8. The Employer shall have the right to determine and require standards lay off employees in the event of performance lack of work or lack of funds or under conditions where continuance of such work would be inefficient and/or non- productive. Section 9. The Employer shall reserve the right to itself with regard to all other conditions of employment not so reserved and to maintain order make such changes as it deems desirable and efficiency necessary for the efficient and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part effective operation of the operation shall continue to operate and whether and what work will be performed by employees Employer. Section 10. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Employer, the adoption of policies, rules, regulations and practices for the furtherance thereof, and the use of judgment and discretion by the Employer who are employed under in connection therewith, shall be limited only by the specific and express terms of this Agreement, assigned and then only to employees outside this bargaining unit or subcontracted; to implement changes the extent such specific and express terms hereof are in operational methods conformance with the Constitution and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees laws of the Employer outside State of New Jersey and of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisUnited States. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union agrees that, subject to the execution of this Agreement with the Unionrestrictions by law, the rights of Company has the Employer exclusive right to manage were limited only and operate Plants and equipment and to carry on its business. The Union also agrees that, subject to the restrictions imposed by applicable federal and state law. Except as specifically set forth law or by an express provision the terms of this Agreement, the parties agree Company has the management rights right to time to time relating to the terms and conditionsof employment of the Employer employees, including the duties and conduct to be required of them. The Company agrees that it will not discipline, suspend or discharge any employee without just cause. The Company further agrees that the Union and the employees shall have not been limited the right to should the Company exercise any of its functions in violation of, or abridged by inconsistent with. any provision of this Agreement. Without limiting shall no or lockouts so long as this Agreement continues to operate. The terms "strikes" and "lockouts" will have the generality same definitions as those set out in the Relations Act of Ontario. There shall be no Union activities during working hours which interfere with the duties of employee unless permission is first obtained the employee's immediate supervisor. Such permission will not be unreasonably withheld and all such time off during an employee's regular working hours shall be without loss of pay. The Company will make available for the use of the foregoingUnion a bulletin board for each seniority group at each the Union may post such notices as it desires to bring to the attention of employeesprovided, the parties agree however, that among the rights no such notice may be posted at places other than on these boards further provided that no such notice may be posted until it has been signed by an Officer of the Employer which are not abridged or limited Union and by this Agreement are a representative of management. From time to time during the right to determine and re-determine the composition currency of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned upon the written request of the Union, the Company will grant leaves of absence without pay to the employees named in such request to enable them to participate in Union activities. No such leave of absence shall be for a period of less than one day or more than seven days except that where a leave is granted to an employee enable to attend a Union convention, the maximum of seven (7) days may be exceeded theextent of travel time to the place of convention and return. No more than ten (10) such leaves will be granted in any one year of the currency of this Agreement and no more than four (4) employees may be on such leave at any one time. If the maximum of ten leaves in any year of has been granted, the Company will consider any further request for such leave in that year on an individual basis. time to time during the currency of Agreement and upon the written request of the Union, the Company will grant a leave of absence without pay to any employee for the purpose of to Union business. Such leave of absence shall be for a period of not less than one month and not more than two (2) employees from each plant shall be to any such leave of absence at any one time. Where such leave is to be for a of less than one year, the Union shall specify the period to be covered. If the leave is expected to be required for a period in excess of one year, it shall be as an indefinite leave of absence and the Company's approval of such leave shall be considered to continue throughout the life of this Agreement. To the extent it is practical to do so, the Company will endeavour to mange for the of Company and Government welfare benefits while an employee is absent on such leave. With respect to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location leave of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by under the provisions of this Agreement shall be administered by clauses and above, it is that on the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises request of the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.:

MANAGEMENT RIGHTS. Section 4.1 Prior to The Employer retains the execution of this Agreement with the Union, the rights of the Employer sole right to manage were limited only by applicable federal its business and state law. Except as specifically set forth by an express provision of this Agreement, services and to direct the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work working force, including the mix right to decide the number and location of employees required its business and service operations, the business and service operation to be conducted and rendered, and the composition methods, processes and means used in operating its business and services, and the control of work teamsthe buildings, real estate, materials, parts, tools, machinery and all equipment which may be used in the operation of its business or in supplying its services; to determine whether and to what extent the number of work required in operating its business and supplying its service shall be performed by employees required, and its staffing requirements and criteriacovered by this Agreement; the right to determine and require standards of performance and to maintain order and efficiency in all its departments and to determine the competency of employees; to direct employees and to determine job assignmentsoperations, including the floating sole right to discipline, suspend, and temporary reassignment discharge employees for cause; to hire, layoff, assign, transfer, promote and determine the qualifications of employees; to determine the working schedules; schedule of its various departments, and to determine whether the whole starting and quitting time and the number of hours to be worked; subject only to such regulations governing the exercise of these rights as are expressly provided in this Agreement, or any part of the operation shall continue to operate and whether and what work will be performed provided by employees Law. The above rights of the Employer who are employed under not all-inclusive but indicate the type of matters or rights that belong to and are inherent to the Employer. Any and all the rights, powers and authority the Employer had prior to entering this Agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted, or modified by this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein Management rights shall not be subject to arbitration. Assignment of unit work to employees include the right of the Employer to require any employee to perform duties outside their civil service classification except as provided for in the Agreement. In the management of its business and services and in its direction of the bargaining unit will not cause a layoff work force as described in Article III of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give shall take into consideration past practice in the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, department when a change in writing, that a decision to subcontract operations is likelycontemplated. The use City may explore possibilities for the establishment of temporary staffing a Greater Auburn Area Fire Authority and will explore those possibilities with the Association if an Authority becomes a possibility. The parties agree that the establishment of such as agency or traveler staff, will an Authority by the City could impact the terms and conditions of employment of employees in the bargaining unit and therefore agree to negotiate regarding all mandatorily negotiable elements of the decision and impact of the establishment of an Authority. The parties further agree that should they not be construed as contracting unit work able to agree on any mandatorily negotiable issues related to either the decision or as the impact of the establishment of an assignment Authority, any unresolved mandatorily negotiable issues can be submitted by either party to non-bargaining unit employeesbinding interest arbitration for expedited resolution by an interest arbitration panel appointed in accordance with PERB procedures, which panel shall be empowered to decide all such issues.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Association and the execution of this Agreement with members and acknowledge that it is the Union, the rights exclusive function of the Employer Board to: maintain order, discipline and efficiency; 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; generally to manage were limited only by applicable federal the operations and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights undertakings of the Employer have not been limited or abridged by this Agreement. Without limiting Service and, without restricting the generality of the foregoing, to select, install and require the parties agree that among of any equipment, plant and machinery which the rights Board in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the Employer which are not abridged or limited by this Agreement are the right to determine operations and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part undertakings of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedService. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit Board agrees that it will not cause exercise the foregoing functions in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Collective Agreement. Notwithstanding anything to the contrary in this Collective Agreement contained, the Board shall have the exclusive right to discharge a probationary permanent member within the first six months of his/her service. ( a ) The parties agree to create a 2 member Job Review Committee. Every job classification will be administered review by the Employer on Job Review Committee at least once every three years according to a unilateral basis. Section 4.2 schedule created for this purpose by Board and Association representatives. This review will be may request the Job Review Committee to review a job which has been materially amended. This review shall take place after six months but no more than one year of the notification of the material amendment. Any wage increase required as a result of this review will be retroactive to the date of notification of the material amendment by the Board or the Association to the Job Review Committee. In the event of a dispute the Employer decides matter will be referred to subcontract unit work the referee appointed under Article whose decision is final and binding on both the contract parties. The Board is not required to review a job more than once in a calendar year. The Board will reduce notify the hours available Association within days following Board approval regarding the creation of a new civilian position. Job Review Committee will meet within calendar days of the date of notification to employees covered evaluate the new civilian position. In the event of a dispute the matter will referred to the Referee appointed under Article whose decision is final and binding on both parties. All evaluations, alterations, amendments agreed to by this Agreementthe job review committee shall be confirmed in writing and shall be deemed to be resolved and shall not be the subject of a grievance or claim hereunder. A member whose job is assigned to a lower pay class will continue to receive his/her current salary until the rate of the job and step to which he/she is assigned exceeds his/her current salary or until the member moves into a higher step or higher class which would entitle the member to a rate exceeding the member’s current rate. For a period of one year following the effective date of assignment, the Employer member, if qualified to perform a job for which he/she applies, shall be preferred over other applicants for jobs in any class up to, and including, but no higher than, the pay class to which his/her job had been formerly assigned. Where more than one such qualified incumbent applies for a job, the selection criteria in clause shall govern. Where the assignment occurs as a result of the triennial review, paragraph will not take effect until either days have elapsed from the assignment without the tiling of a claim under clause or (ii) in the event a claim pursuant to clause is filed, the claim has been resolved, or determined by the Referee whichever event occurs first. A member whose job is assigned to a higher pay class will move to the lowest step in the higher class which will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that member a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeespay increase.

MANAGEMENT RIGHTS. Section 4.1 Prior ‌ The Unions understand the Employer is responsible for performing the work as required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the Collective Bargaining Agreement of the Site Local Union and this Agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the execution work, in hiring and laying off employees, in transferring employees from job to job within the geographical jurisdictions contained in this Agreement, in determining the need and number as well as the person who will act as Xxxxxxx, in requiring all employees to observe the Employer’s and/or owner’s rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause. The terms of this Agreement with shall prevail in areas of conflict between the Inside Collective Bargaining Agreement of the Site Local Union and this Agreement. HOURS/WAGES/WORKING CONDITIONS‌ The Employer has the right to establish flexible work schedules for the performance of electrical work to satisfy owner and/or customer requirements. No overtime shall be paid until forty (40) hours in the workweek or ten (10) hours in the workday have been worked. The overtime rate shall be paid at time and one-half (1½) the regular straight-time rate. Sundays and Holidays shall be paid at the overtime rate per the Site Local Union’s Inside Construction Agreement. It is not the intent of this section to lock-out an individual employee from a scheduled forty (40) hour job for the avoidance of overtime. There are no shift premiums required for work performed under the terms of this Agreement. SURETY BOND‌ Each Employer shall furnish a surety bond, or cash equivalent line of credit, in the rights amount of $1,000.00 per CE and CW until a maximum of $12,000.00, to secure payment of all amounts due on account of payroll and fund deduction, contribution, and reporting obligations of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged required by this Agreement. Without limiting The Bond shall provide that it may not be terminated without forty-five (45) days prior written notice to the generality Atlantic Coast Chapter of the foregoing, the parties agree that among the rights NECA. The Atlantic Coast Chapter of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; NECA shall have full power to determine the number amount of employees requiredmoney due, if any, and its staffing requirements and criteria; shall direct payments of delinquent wages from the right Bond directly to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct affected employees and direct payments of delinquent fund contributions from the Bond directly to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part Trustees of the operation shall continue affected funds or to operate and whether and what work will be performed by employees of the their designated agents. An Employer who are employed wishes to perform work under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location terms of its facilities and where its services will be performedmultiple 0xx Xxxxxxxx Regional Agreements may bond at the rate of $20,000.00 at their home region. The matters set forth herein shall not bond may be subject written to arbitrationcover all regions. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this AgreementBy doing so, the Employer will give the Union at least thirty may perform work in all four (304) days advance written noticeregions. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.REFERRAL‌

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union acknowledges that it is the execution of this Agreement with the Union, the rights exclusive function of the Employer to manage were limited only Company, except as expressly modified by applicable federal and state law. Except as specifically set forth by an express provision any other Articles of this Agreement, to: Maintain order, discipline and efficiency Hire, retire, classify, direct, transfer, promote, demote, layoff, discipline, suspend or discharge employees, provided that a claim that an employee has been unjustly discharged or disciplined, may be the parties agree subject of a grievance and be dealt with as hereinafter provided; Generally manage the management rights of individual enterprise which the Employer have not been limited or abridged by this Agreement. Without limiting Company is engaged and, without restricting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number and location of employees requiredplants, the products to be manufactured or handled, the methods of manufacturing the determination or work to be performed, the schedules of production and work, the kinds and locations of machines, tools and equipment to be used, the processes of manufacturing and assembling, the engineering and designing of its products, the control of materials and parts to be incorporated into the products manufactured, handled or serviced, and its staffing requirements and criteria; the extension, limitation, curtailment or cessation of operations or any part thereof. The Union further acknowledges that the Company has the right to determine make and/or alter, from time to time reasonable rules and require standards regulations to be observed by all employees. Employees found to be in breach of performance these rules and/or regulations are subject to discipline by reprimands, suspensions or discharge and to maintain order and efficiency and to determine not necessarily that order. Nothing herein shall prevent an employee going through the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; Grievance Procedure to determine whether or not such breach actually took place. The Company agrees to exercise these functions a manner not inconsistent with the whole express terms of this Agreement. UNION SECURITY, DEDUCTION OF UNION DUES, EQUIVALENT OF UNION DUES All present employees the Bargaining Unit who are or become members of the Union shall remain members of the Union good standing to the extent of paying Union Dues as a condition of continued employment with the Company. This Section shall remain effective during the term of this Agreement or any part extension thereof or any successor Agreement. Any person hired on or after the effective date of this agreement or transferred therein after such effective date shall make application for Union Membership and shall as a condition of his continued employment maintain his Union Membership on the operation shall continue same terms and to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes same extent as provided in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit Sub Section All present employees who are qualified not members of the Union shall pay an amount equivalent to perform Union Dues. This Section shall remain effective during the work. All matters not covered by the provisions term of this Agreement or any extension thereof or any successor Agreement. Article Security and Deductions of Union. Equivalent of Union Dues The Company agrees to deduct from the wages of any employee who are members of the Union and who shall be administered as a condition of employment certify writing forms supplied by the Employer on a unilateral basis. Section 4.2 In union that they authorize such deductions; their monthly Union dues accordance with the event International Constitution of the Employer decides United Steel Workers of America and remit said deduction to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises International Secretary-Treasurer of the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.

MANAGEMENT RIGHTS. Section 4.1 3.1. Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without in any manner limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to discipline and discharge for just cause, determine and re-determine redetermine the composition of its work force, force (including the mix of employees required and the composition of its work force and the mix of employees required and the composition of work teams); to determine the number of employees required, required and its staffing requirements requirement and criteria; the right to determine and require standards of clinical performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; assign overtime and place employees on stand-by as needed to assure availability in emergency situations in accordance with departmental expectations; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, or assigned to employees outside this bargaining unit or subcontracted(including supervisors); to implement changes in operational methods methods, procedures, policies and proceduresrules; and to determine the kind and location of its facilities and equipment and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basisArbitration. Section 4.2 3.2. In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days days’ advance written notice. During this notice period, the Employer and the Union will meet to negotiate and discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing staffing, such as agency or traveler staffstaffing, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeeswork.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited when expressly prohibited by this Agreement are the Home shall retain the right to manage the facility and its business, including but not limited to, the right to determine the length of the workday and re-the workweek, the work rules and when overtime shall be worked, to determine the composition starting and quitting time and the number of hours and shifts to be worked, to hire, promote, demote and transfer Employees, to determine the qualifications, efficiency and ability of Employees; to determine the workload and work performance level and to make or change reasonable rules, regulations and practices; to close down or move the business or any part thereof or curtail operations; to discontinue its business in whole or in part and to sell or dispose of all or any part of its work forceassets and to participate in any form of reorganization described in the Internal Revenue Code; to control and regulate the use of machinery, including equipment and other property of the mix of employees required and the composition of work teamsHome; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employeesEmployees in each classification; to direct employees and to determine job assignments, including the floating and temporary reassignment of employeesintroduce new or improved methods or equipment; to determine the number and locations of operations; and otherwise, generally, to manage the facility and direct the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedforce. The matters set forth herein above rights are not all inclusive, but enumerate by way of illustration the type of rights which belong to the Home. The Home shall also have the right to discipline, reprimand, suspend or discharge Employees for just cause, to subcontract work when necessary, and to layoff and recall Employees; provided these rights shall not be subject used to arbitration. Assignment of unit work to employees of avoid the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the other provisions of this Agreement shall Agreement. Any disciplinary action for unexcused absences or tardiness will be administered by the Employer based on a unilateral basis. Section 4.2 In rolling twelve-month period. The Home will accept no more than 6 doctor excuses as an excused absence in the event rolling twelve-month period unless the absence is covered under FMLA or a Leave of Absence is granted. One unexcused occurrence in a twelve-month period will result in a verbal warning; two occurrences in a twelve-month period will result in a written warning; three occurrences in a twelve-month period will result in a three-day suspension: four occurrences will result in a five-day suspension; and five occurrences in a twelve-month period will result in termination. The Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered agrees that during an investigation of one Employee who has been reported by this Agreementanother Employee, the Employer will give not name the reporting Employee to the Employee under investigation unless the Employer determines that it cannot conduct an effective investigation without disclosing the name of the reporting Employee. However, the reporting Employee’s name will be available to the Union at least thirty (30) days advance written noticein the event it must conduct a Grievance investigation. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will None of these rights shall be concluded within twenty (20) working days from the date the Employer advises the Union, exercised in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency an arbitrary or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeescapricious manner.

MANAGEMENT RIGHTS. Section 4.1 Prior to The Union acknowledges the execution of this Agreement with the Union, the rights right of the Employer Company to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, to direct the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including and to introduce new or improved methods and facilities. The Union further acknowledges that it is the mix function of employees required the Company to hire, promote,: demote, transfer and the composition of work teams; to determine the number of employees requiredlay-off employees, and its staffing requirements to suspend, discipline and criteria; the right to determine discharge employees for just and require standards sufficient cause. Any exercise of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole these rights in conflict or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by inconsistent with the provisions of this Agreement shall be administered subject to the provisions of the grievance procedure as set forth herein. The listing of specific rights in this Agreement is not intended to be nor shall it be restrictive of, or a waiver of, any of the rights of management not listed and specifically surrendered herein, whether or not such rights have been exercised by the Employer Company the past. ARTICLE UNION SECURITY AND REPRESENTATION The Company shall deduct Union dues including, where applicable, initiation fees and assessments, on a unilateral weekly basis. Section 4.2 In , from the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees total earnings of each employee covered by this Agreementagreement. The amount of dues shall be calculated in accordance with the Union’s Constitution. All dues, the Employer will give initiation fees and assessments shall be remitted to the Union at least thirty (30) forthwith and in any event no later than days advance written notice. During this notice period, following the Employer and Union will meet to discuss and consider alternatives to contracting out last day of the work. Such discussion will be concluded within twenty (20) working days from month in which the date the Employer advises the Union, in writing, that a decision to subcontract is likelyremittance was deducted. The use remittance shall be sent to the International Secretary Treasurer of temporary staffing the United Steelworkers of America, Box Postal Station ‘A’, Xxxxxxx Xxxxxxx in such form as agency or traveler staffshall be directed by the Union (if the collective agreement does not have the International Union as the party then the word ‘‘Union” should be changed to the “International Union”) to the Company along with a completed Dues Remittance Form A copy of the Dues Remittance Form will also be sent to the Union office designated by the Area Coordinator. The remittance and the form shall be accompanied by a statement containing the following information: A list of the names of all employees from whom dues were deducted and the amount of dues deducted; A list of the names of all employees from whom no deductions have been made and reasons; This information shall be sent to both Union addresses identified in paragraph two in such form as shall be directed by the Union to the Company. The Company, when prepanng T-4 slips for the employees, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesenter the amount dues paid by the employee during the previous year.

MANAGEMENT RIGHTS. Section 4.1 Prior Subject to the execution terms of this Agreement, the Union recognizes the right of the Employer to the management of its operations and direction of the working forces including the right to hire and select employees, promote or discharge any employee for just cause, and further recognizes the right of the Employer to operate and manage its business in accordance with its commitments and responsibilities including methods, processes and means of prod ion or handI The Employer shall have the right to name-hire Local Members who have been employed by the Employer in the previous eighteen (18) months from the date of hire. In the event that a project's conditions place the Employer in an uncompetitive position with non-union bidders, or with the owners forces, this Agreement may be altered accordingly by mutual agreement of the Union and the Employer. When the Employer is in need of employees, qualified members in good standing from the Union will be employed. For the purposes of this clause, local residents shall be defined as residing in the regional municipality of Wood Buffalo, and shall be given preference of employment with the Employer. Employees shall be requested from the Union and the employees will be issued a referral slip in due course. If the Union is unable to supply qualified persons within twenty-four (24) hours, the Employer may hire wherever possible. On Saturdays, Sundays and Holidays the Employer shall have the right to hire employees directly with preference to qualified members of the Union and the Job Xxxxxxx shall be advised when they commence work. The Employer shall advise the Union on the first working day following, of anyone so employed on a Saturday, Sunday or Holiday. If any such employee is not an eligible member in good standing with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer Union shall have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine have them replaced forthwith with a qualified local residential member in good standing with the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the Union. The right to determine employ people on Saturdays, Sundays and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein Holidays shall not be subject abused by the Employer. All persons employed as Operating Engineers shall, as a condition of employment, apply to arbitration. Assignment of unit work to employees become members of the Union within four hundred (400) hours worked after commencement of employment or be replaced by a competent union worker when available. All employees shall be required to pay an amount equal to Union dues during their term of employment. The Employer outside shall deduct this amount from the employee's wages by the first payday after commencement of employment and thereafter on the first payday of each month. All dues so collected shall be remitted to the Union, together with a list of employees concerned, not later than the day of the bargaining unit will not cause month following such deduction. The Employer agrees to deduct all Union dues in excess of the normal monthly union dues, fees and assessments as evidenced by a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees signed authorization from an employee covered by this Agreement, the Employer will give and forward such monies once each month to the Union at least thirty (30) days advance written notice. During this notice periodtogether with a list showing the amount deducted for each person, said monies to be remitted not later than the Employer and Union will meet to discuss and consider alternatives to contracting out 15th day of the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing month following such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesdeduction.

MANAGEMENT RIGHTS. Section 4.1 Prior 5.1 The Union recognizes the right of the employer, subject to the execution any provisions of this Agreement with expressly governing such rights, to hire, direct, classify, transfer, promote, demote, lay-off and to: a) Discipline or suspend, or discharge for just and sufficient cause, any employee who has completed the Unionprobation period; and b) Discipline, suspend or discharge any probationary employee for any reason satisfactory to the rights Employer, provided the Employer does not act in bad faith or in an arbitrary or discriminatory manner. 5.2 The Union recognizes the right of the Employer to manage were limited only the operation and to make enforce and amend, from time to time, rules and regulations to be observed by applicable federal the employees. Such rules and state law. Except as specifically regulations shall be made available to employees. 5.3 Publication of these rules and regulations does not mean or imply any limitation on the employer to add to, delete from, or amend any of the existing rules and regulations. 5.4 The Employer agrees that the rights set forth by an express provision of in this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein Article shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause exercised in a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by manner inconsistent with the provisions of this Agreement and recognizes the right of the Union and or the employees to the grievance procedure hereinafter provided. 5.5 The Company agrees that no employee shall be administered dismissed from the Company's service until a fair and impartial hearing has been held. At any such hearing, an employee shall be represented by a representative of the Employer on a unilateral basisUnion. Section 4.2 In 5.6 Letters of reprimand, adverse reports, verbal or written disciplinary warnings, disciplinary suspension or driving offences shall remain in an employee's file. Only those items within a 12 month period may be used for progressive discipline. The exception to this article is preventable accidents which shall remain at the event twenty-four (24) month period. With respect to the Employer decides Company’s obligation to subcontract unit work consider all complaints received about a driver; management will take into consideration the source of the complaint when determining what, if any, action to take resulting from the complaint. The Company will verify and investigate the complaint to the best of their ability. The Plant Chairperson or his designate shall be present at all interviews with complainants when a complaint regarding a driver is being investigated. 5.7 The Chairperson and/or Vice-Chairperson of the Union and the contract Branch Location Manager, or his designate, of First Student Canada, will reduce the hours available to employees covered by this Agreement, the Employer will give sign all letters of understanding. 5.8 The Company and the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Unionagree that no employee shall, in writingany manner, that a decision be discriminated against or coerced, or strained or influenced on an account of membership in the Union or any labour organization, or by reason of any activity in the Union or any labour organization. 5.9 Any employee may request in writing to subcontract is likelytheir manager to review his/her own file. The use manager, who shall be present at the time of temporary staffing such as agency review, shall accommodate such request. An employee's response to a complaint, accusation or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesexpression of dissatisfaction shall become part of his/her record.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of 18.1 It is agreed that nothing in this Agreement with the Union, the rights of shall limit the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision in the exercise of this Agreementits function of management, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoingsuch as, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine hire new Employees from any source it may decide, establish and re-determine the composition of its work forcechange working schedules, including the mix of employees required and the composition of work teams; to determine the number of employees Employees required, direct the working force, promote, transfer, discipline, suspend or discharge, including but not limited to: failure to meet working standards, incompetency, contract violations, unexcused absence, neglect or mistreatment of patients, use of intoxicating beverages or narcotics, theft, dishonesty, failure to observe Employer rules and its staffing requirements and criteria; the right regulations, to determine the hours of employment for Employees, to lay off Employees for lack of work, and require standards shall without interference determine the type of performance and equipment to be used. The right to maintain order and efficiency and to determine is the competency sole responsibility of employees; to direct employees and to determine job assignmentsmanagement. It is further agreed, including the floating and temporary reassignment that this enumeration of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein management rights shall not be subject deemed to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will exclude other rights not cause a layoff of bargaining unit employees who herein enumerated, except where any such rights are qualified to perform the work. All matters not covered specifically modified or abridged by the provisions terms of this Agreement shall be administered by the Employer on a unilateral basisAgreement. Section 4.2 In the event the 18.2 Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least must furnish within thirty (30) days advance written notice. During of the signing of this Agreement job descriptions to each current Employee, and to future Employees. (a) The Employer may make reasonable changes in job descriptions, provided it gives the Union notice period, of such changes. (b) The Union shall have the right to grieve and arbitrate (under Article 4) any dispute which it has with the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date over changes which the Employer advises has made in any job description. 18.3 Employer must, within thirty (30) days of the Unionsigning of this Agreement, furnish personnel policies, rules and regulations to each current Employee, and to future Employees. (a) The Employer may make reasonable changes in writingits personnel policies, that a decision rules and regulations provided it gives the Union notice of such changes. (b) The Union shall have the right to subcontract is likely. The use of temporary staffing such as agency or traveler staffgrieve and arbitrate (under Article 4) any dispute which it has with the Employer over any change which the Employer has made in its personnel policies, will not be construed as contracting unit work or as an assignment to non-bargaining unit employeesrules and regulations.

MANAGEMENT RIGHTS. Section 4.1 Prior The Union recognizes the right of the Company to hire, promote, transfer, demote, retire under the provisions of the Pension Plan and lay off employees and to suspend, discharge or to otherwise discipline employees for just cause subject to the execution right of this Agreement with any employee to lodge a grievance in the Union, manner and to the rights extent as provided. An employee who has not completed his probation may be discharged if Management determines that he is unsuitable for employment the company. The Union further recognizes the right of the Employer Company to operate and manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreementits business in all respects, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency in its plants and to determine the competency location of employees; its plants, to direct employees and to determine job assignmentsadd, including the floating and temporary reassignment of employees; alter or discontinue any department or operation, to determine the working schedules; products to determine whether be manufactured, the whole or any part scheduling of its production and its methods, processes and means of manufacturing. The Union further acknowledges that the operation shall continue Company has the right to operate make and whether alter, from time to time, rules and what work regulations to be observed by employees, which rules and regulations will be performed discussed with the Bargaining Committee before publication. Nothing in this agreement shall be deemed to restrict the Management in way in the of all functions of management except those specifically abridged or modified by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performedagreement. The matters set forth herein Company’s management rights shall not be subject to arbitration. Assignment of unit work to employees of exercised in a manner inconsistent with the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions terms of this Agreement agreement. The Company shall fix the wage rate for any new classification which it creates at an amount which the Company considers to be administered by in line with the Employer wage rates in effect under this agreement on the date when fixed. If the Local Union believes that the wage rate so fixed is not in line with present rates, then it may discuss such new rates with Director of Human Resources if a unilateral basis. Section 4.2 In the event the Employer decides request to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least do so is made within thirty (30) days advance written noticeof the installations of the new rate. During this notice periodIf within five (5) days of initiating the discussion of the new rate the parties cannot agree, the Employer Local Union may submit the dispute to arbitration in accordance with section Step III. In its submission to the arbitrator, the Local Union shall state the rate it proposes for the new classification and the reason it believes the Company’s new rate is out of line with the present rates. If the arbitrator is satisfied that the new rate is out of line, then he may set the rate at such rate as he deems appropriate and consistent with the existing rate, but in no event higher than the rate submitted by the Local Union. The Company agrees that it will not cause or direct any lockout of the employees covered by this Agreement during the term of this Agreement or any extension thereof. A lockout shall be defined as a suspension of work or refusal by the Company to continue to employ a number of employees to compel employees to accept terms of employment. The Union will meet to discuss and consider alternatives to contracting out agrees that shall be no strike during the term of this agreement or any extension thereof. For the purpose of this Agreement, a strike shall be defined as an intentionalslowdown in the rate of production, or any intentional interruption of production or suspensionof work. Such discussion Article Union Security All employees the date of ratification of this Agreement by the Local Union and all employees hired after such date shall become members of the Union as a condition of employment. All employees who were members of Union on such date of ratification shall continue to be members of the Union as a condition of employment. The Company will be concluded within twenty (20) working days deduct from the date second full pay in each month of each employee the Employer advises regular monthly Union dues and any initiation fees and general assessments authorized by the constitution of the Union, such dues to be deducted after an employee has worked forty (40) hours in writing, that a decision any one month or received pay equivalent to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to non-bargaining unit employees.forty