Common use of MANAGEMENT'S RIGHTS Clause in Contracts

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreement: a. to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall be vested in the Employer. 3.03 The Employer may contract out where: a. it does not possess the necessary facilities or equipment; b. it does not have and /or cannot acquire the required manpower; c. it does not have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work and provided that no qualified employees are already laid off and available to do the work. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited Subject to the following provided such actions are consistent with the further terms of this Agreement, the Employer's rights include: a. the right to maintain order, discipline discipline, and efficiency; to make, alter and enforce rules and regulations, policies and practices, practices to be adhered to by its employees; to discipline and discharge employees for just cause.; b. the right to select, hire hire, and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall recall, and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; c. the right to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, ; the direction of the working forces, ; the scheduling of work, ; the number of shifts, ; the methods, processes and means by which work is to be performed, ; job content, quality quality, and quantity standards, ; the right to use improved methods, machinery machinery, and equipment, ; the right to determine the number of employees needed by the Employer at any time time; and generally, the right to manage the business of the Employer, and to plan, direct direct, and control the operations of the Employer, Employer without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may contract out work only where: a. it does they do not possess the necessary facilities or equipment; b. it does they do not have and /or and/or cannot acquire the required manpowerpersonnel; c. it does they cannot have perform the work in its employ a sufficient quantity manner that is competitive in terms of employees who are qualified to complete a project cost, quality, and within projected required time limits; and,or d. provided that contracting out additional work opportunities, (work that is the subcontracted portion does not already part of affect the scope of work assigned through the original tender process) existing bargaining unit. The Employer will discuss with the Union, the portion or portions of the project that the Employer wishes to subcontract and the subcontractors to be hired to do such work. The definition of subcontractor does not result in the layoff of employees qualified to perform the work and provided that no qualified employees are already laid off and available to do the workinclude a Direct Services Provider (D.S.P.). 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited Subject to the following provided such actions are consistent with the further terms of this Agreement, the Employer’s rights include the right to: a. to a) maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. to b) select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, re- classify, layoff, recall rehire and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to c) operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it a) It does not possess the necessary facilities or equipment; b. it b) It does not have and /or and/or cannot acquire the required manpoweremployees; c. it does c) It cannot have perform the work in its employ a sufficient quantity manner that is competitive in terms of employees who are qualified to complete a project cost, quality and within projected required time limits; and,; d. provided d) It has traditionally subcontracted that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work and provided that no qualified employees are already laid such contracting out does not cause the lay-off and available to do the workof existing Ledcor employees. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative Union representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) the right: to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. b) the right: to select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. c) the right: to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it does a) they do not possess the necessary facilities or equipment; b. it does b) they do not have and /or and/or cannot acquire the required manpower; c. it does c) they cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementright to: a. to maintain a) Maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to selectb) Select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; c. to operate c) Operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number and timing of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall will be vested in the Employer. 3.03 The Employer may only contract out work where: a. it a) It does not possess the necessary facilities or equipment; b. it b) It does not have and /or and/or cannot acquire the required manpower;employees; or c. it does c) It cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided within required time limits. 3.04 The Employer will discuss with the Union at the Pre-Job Conference the portion, or portions of the project, that no qualified employees are already laid off the Employer expects to sub-contract and available the sub-contractors to be hired to do the such work. 3.04 3.05 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative Union representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) The right: to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. b) The right: to select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. c) The right: to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it a) It does not possess the necessary facilities or equipment; b. it b) It does not have and /or and/or cannot acquire the required manpower; c. it does c) It cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this agreement, the Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) the right: to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. b) the right: to select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, re-classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. c) the right: to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The PCL Builders Inc. employees will be given priority for all active work and subcontractors may be used to supplement the current workforce. Under such circumstances, the Employer may contract out work where: a. it does a) they do not possess the necessary facilities or equipment;; or, b. it does b) they do not have and /or and/or cannot acquire the required manpower;employees; or, c. it does c) they cannot have perform the work in its employ a sufficient quantity manner that is competitive in terms of employees who are qualified to complete a project cost, quality and within projected required time limits; andor, d. provided d) they have traditionally subcontracted that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work and provided that no qualified employees are already laid off and available to do the work. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative Union representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementright to: a. to maintain a) Maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to selectb) Select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to operate c) Operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may only contract out wherework where it: a. it does a) Does not possess the necessary facilities or equipment; b. it does b) Does not have and /or and/or cannot acquire the required manpower;employees; or c. it does c) Cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically will discuss with their employees for the purpose of discussing any matters of mutual interest or concern to Union, at the Employerpre-job conference, the Union and portion or portions of the employees. A Representative may attend such meetingsproject that the Employer expects to sub-contract.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited Subject to the following provided such actions are consistent with the further terms of this Agreement, the Employer's rights include: a. to a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. to b) To select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, reclassify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. to c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, starting and quitting times, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time time, employee qualifications, and generally, generally the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. a) it does not possess the necessary facilities or equipment; b. b) it does not have and /or and/or cannot acquire the required manpower;employees; or c. c) it does cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their its employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative CLAC representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementright to: a. to maintain a) Maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to selectb) Select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall rehire and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to operate c) Operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, starting and quitting times, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time time, employee qualifications, and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may only contract out wherework where it: a. it does a) Does not possess the necessary facilities or equipment; b. it does b) Does not have and /or and/or cannot acquire the required manpower;employees; or c. it does c) Cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically will discuss with their employees for the purpose of discussing any matters of mutual interest or concern to Union, at the Employerpre-job conference, the Union portion or portions of the project that the Employer wishes to sub-contract and the employees. A Representative may attend sub-contractors to be hired to do such meetingswork.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) the right: to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. b) the right: to select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. c) the right: to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time and generally, the right to manage manage, the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it does a) they do not possess the necessary facilities or equipment; b. it does b) they do not have and /or and/or cannot acquire the required manpower; c. it does c) they cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. the right: to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. the right: to select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. the right: to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it does they do not possess the necessary facilities or equipment; b. it does they do not have and /or and/or cannot acquire the required manpower; c. it does they cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) the right to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practicesprocesses, to be adhered to by its employees; to discipline and discharge employees for just cause. b. b) the right to select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall rehire and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. c) the right to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it does a) they do not possess the necessary facilities or equipment; b. it does b) they do not have and /or and/or cannot acquire the required manpoweremployees; c. it does c) they cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided within required time limits. 3.04 The Employer will discuss with the Union, at the pre-job conference the portion, or portions of the project that no qualified employees are already laid off the Employer wishes to sub-contract and available the subcontractors to be hired to do the such work. 3.04 3.05 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A CLAC Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited 4.01 Subject to the following provided such actions are consistent with the further terms of this Agreement, the Employer's rights include: a. a) the right to maintain order, discipline discipline, and efficiency; to make, alter and enforce rules and regulations, policies and practices, practices to be adhered to by its employees; to discipline and discharge employees for just cause.; b. b) the right to select, hire hire, and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall recall, and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; c. c) the right to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, ; the direction of the working forces, ; the scheduling of work, ; the number of shifts, ; the methods, processes and means by which work is to be performed, ; job content, quality quality, and quantity standards, ; the right to use improved methods, machinery machinery, and equipment, ; the right to determine the number of employees needed by the Employer at any time time; and generally, the right to manage the business of the Employer, and to plan, direct direct, and control the operations of the Employer, Employer without interference. 3.02 4.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 4.03 The Employer may contract out work only where: a. it a) he does not possess the necessary facilities or equipment; b. it b) he does not have and /or and/or cannot acquire the required manpower;; or c. it does c) he cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality, and provided within required time limits. The Employer will discuss with the Union, the portion or portions of the project that no qualified employees are already laid off the Employer wishes to subcontract and available the subcontractors to be hired to do the such work. The definition of subcontractor does not include a Direct Services Provider (D.S.P.). 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) the right to maintain order, discipline and efficiency; to make, alter alter, and enforce rules and regulations, policies policies, and practices, practices to be adhered to by its employees; to discipline and discharge employees for just cause. b. b) the right to select, hire hire, and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall recall, and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. c) the right to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The ; the right to determine the kind and location of business to be done by the Employer, ; the direction of the working forces, ; the scheduling of work, ; the number of shifts, ; the methods, processes processes, and means by which work is to be performed, ; job content, quality quality, and quantity standards, ; the right to use improved methods, machinery machinery, and equipment, ; the right to determine the number of employees needed by the Employer at any time time; and generally, the right to manage the business of the Employer, and to plan, direct direct, and control the operations of the Employer, Employer without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall be vested in the Employer. 3.03 The Employer may contract out work where: a. a) it does not possess the necessary facilities or equipment; b. b) it does not have and /or and/or cannot acquire the required manpower; c. c) it does cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 It is agreed that warranty work is excluded from the terms and conditions of this agreement. Warranty work is that work which is provided for in the equipment warranty at the time of purchase or lease. The Employer may meet periodically with their employees for employer will endeavor to notify the purpose of discussing union prior to any matters of mutual interest or concern to person performing warranty work as described above, and in any case, will advise the Employer, the Union and the employees. A Representative may attend such meetingsunion as soon as they are able.

MANAGEMENT'S RIGHTS. 3.01 The Employer's Management’s rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. to a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to b) To select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, starting and quitting times, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time time, employee qualifications, and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it does a) They do not possess the necessary facilities or equipment; b. it does b) They do not have and /or and/or cannot acquire the required manpower;; or c. it does c) They cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically will discuss with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union at the pre-job conference the portion, or portions of the project, that the Employer wishes to sub-contract and the employees. A Representative may attend sub- contractors to be hired to do such meetingswork. 3.05 Failure by the Employer to exercise any of its Management rights or other rights must not be considered to be an abandonment or waiver of those rights or estop the Employer from exercising those rights.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. a) the right: to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employeesEmployees; to discipline and discharge employees Employees for just cause. b. b) the right: to select, hire and direct the workforce working force and employeesEmployees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employeesEmployees; to select and retain employees Employees for positions excluded from the bargaining unit. c. c) the right: to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. it does a) they do not possess the necessary facilities or equipment; b. it does b) they do not have and /or and/or cannot acquire the required manpower; c. it does c) they cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited Subject to the following provided such actions are consistent with the further terms of this Agreement, the Employer's rights include: a. to a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. to b) To select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, reclassify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. to c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, starting and quitting times, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time time, employee qualifications, and generally, generally the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall will be vested in the Employer. 3.03 The Employer may contract out work where: a. a) it does not possess the necessary facilities or equipment; b. b) it does not have and /or and/or cannot acquire the required manpower;employees; or c. c) it does cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer may meet periodically with their its employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Union Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreementright to: a. to maintain a) Maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to selectb) Select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; c. to operate c) Operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number and timing of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall will be vested in the Employer. 3.03 The Employer may only contract out work where: a. it a) It does not possess the necessary facilities or equipment; b. it b) It does not have and /or and/or cannot acquire the required manpower;employees; or c. it does c) It cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided within required time limits. 3.04 The Employer will discuss with the Union at the pre-job conference the portion, or portions of the project, that no qualified employees are already laid off the Employer expects to sub-contract and available the sub-contractors to be hired to do the such work. 3.04 3.05 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative Union representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer's rights include include, but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. to a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to b) To select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall be vested in the Employer. 3.03 The Employer may contract out work where: a. it a) It does not possess the necessary facilities or equipment; b. it b) It does not have and /or and/or cannot acquire the required manpower;employees; or c. it does c) It cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided that no qualified employees are already laid off and available to do the workwithin required time limits. 3.04 The Employer will discuss with the Union the portion, or portions of the project, that the Employer wishes to sub- contract and the sub-contractors to be hired to do such work prior to awarding the work to a sub-contractor. 3.05 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern concerns to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer's rights include include, but are not limited to the following provided such actions are consistent with the further terms of this Agreementfollowing: a. to a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to b) To select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall will be vested in the Employer. 3.03 The Employer may only contract out work where: a. it a) It does not possess the necessary facilities or equipment; b. it b) It does not have and /or and/or cannot acquire the required manpower;employees; or c. it does c) It cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided within required time limits. 3.04 The Employer will discuss with the Union, at the pre-job conference, the portion or portions of the project that no qualified employees are already laid off the Employer wishes to sub-contract and available the subcontractors to be hired to do the such work. 3.04 3.05 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited Subject to the following provided such actions are consistent with the further terms of this Agreement, the Employer's rights include: a. to a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.; b. to b) To select, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.; and c. to c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, starting and quitting times, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer 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, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may only contract out work where: a. it does a) They do not possess the necessary facilities or equipment; b. it does b) They do not have and /or and/or cannot acquire the required manpower;; or c. it does c) They cannot have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work in a manner that is competitive in terms of cost, quality and provided within required time limits. 3.04 The Employer will discuss with the Union, at the pre-job conference the portion, or portions of the project that no qualified employees are already laid off the Employer wishes to sub-contract and available the subcontractors to be hired to do the such work. 3.04 3.05 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union Union, and the employees. A Representative may attend such meetings.