Common use of MANAGEMENT'S RIGHTS AND FUNCTIONS Clause in Contracts

MANAGEMENT'S RIGHTS AND FUNCTIONS. 3.01 The Union acknowledges that all management rights are vested exclusively with the Employer and without limiting the generality of the foregoing, it is the exclusive right of the Employer: (a) to determine and establish standards and procedures and policies for the care, welfare, safety and comfort of the residents of the Chalet Xxxxxxx, providing any new procedures or policies that affect the members of the bargaining unit are discussed prior to implementation with Labour Management Relations/Health & Safety Committee; (b) to maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations, policies and practices from time to time to be observed by its employees and to alter such rules and regulations from time to time; (c) to hire, discharge, transfer, layoff, recall, promote, demote, classify, assign areas of responsibility, suspend or otherwise discipline employees for just and reasonable cause, provided that a claim by an employee for unjust cause may be the subject of a grievance and dealt with as hereinafter provided; (d) to have the right to plan, direct and control the work and direction of the employees and operations of the Chalet Xxxxxxx, to introduce new and improved methods, facilities, equipment, the amount of supervision necessary, combining or splitting up of departments, work schedules, the number of employees required for the Employer's purpose and the increase or reduction of personnel; (e) to exercise any of the rights, powers, functions or authority which the Employer held prior to the signing of this Agreement except as those rights, powers, functions or authority are specifically abridged or modified by this Agreement. 3.02 In administering this Agreement, the Employer shall act reasonably, fairly, in good faith and in a manner consistent with the Agreement as a whole. 3.03 The Employer shall act reasonably, fairly, and in good faith with respect to any matter which is not covered by the Collective Agreement, but which affects the bargaining agent or any employee in the unit bound by the Collective Agreement.

MANAGEMENT'S RIGHTS AND FUNCTIONS. 3.01 13.01 The Union recognizes and acknowledges that all the management rights are vested exclusively with of the Employer and direction of the working force rest exclusively in the Employer and, without limiting restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right function of the EmployerEmployer to: (a) to determine maintain order and establish standards and procedures and policies for the care, welfare, safety and comfort of the residents of the Chalet Xxxxxxx, providing any new procedures or policies that affect the members of the bargaining unit are discussed prior to implementation with Labour Management Relations/Health & Safety Committeeefficiency; (b) to maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations, policies and practices from time to time to be observed by its employees and to alter such rules and regulations from time to time; (c) to hire, discharge, transfer, layoff, recall, promote, demote, classify, transfer, assign areas to shifts, decide leaves of responsibilityabsence, suspend layoff, recall, suspend, dismiss or otherwise discipline employees any employee for just and reasonable sufficient cause, provided that a claim by an a post-probationary employee for unjust that they have been dismissed without just and sufficient cause may be the subject of a grievance and dealt with as hereinafter providedprovided in Article 31; (c) make, enforce and alter, from time to time, reasonable rules, regulations, policies and practices, to be observed by the employees; (d) determine the nature and kind of service to have the right to plan, direct and control the work and direction of the employees and operations of the Chalet Xxxxxxx, to introduce new and improved methods, facilities, equipmentbe provided, the amount of supervision necessary, combining or splitting up of departments, work schedulesequipment and materials to be used, the number methods and techniques of employees required for work, quantity and quality standards, the Employer's purpose assignment of work, the schedules of operations, service and hours of work, the increase extension, limitation, curtailment or reduction cessation of personnel; (e) operations or any part thereof, and to determine and exercise any of the rights, powers, all other functions or authority and prerogatives which shall remain solely with the Employer held prior to the signing of this Agreement except as those rights, powers, functions or authority are specifically abridged or modified limited by the express provisions of this Agreement. 3.02 13.02 The Employer shall exercise its exclusive functions in a manner consistent with all provisions of this Agreement and any alleged inconsistencies may be dealt with as hereinafter provided in the grievance and arbitration procedure. 13.03 Notwithstanding anything in this section, management must not exercise its prerogative in a manner that is arbitrary, discriminatory or in bad faith. 13.04 In administering this Agreement, the Employer shall act reasonably, fairly, in good faith and in a manner consistent with the Agreement as a whole. 3.03 13.05 The Employer shall act reasonably, fairly, fairly and in good faith with respect to any matter which is not covered by the Collective Agreement, Agreement but which affects the bargaining agent or any employee in the unit bound by the Collective Agreement.