Common use of MANAGEMENT'S RIGHTS Clause in Contracts

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employees. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a) The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b) The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilities;equipment shall be vested in the Employer. 3. Determine 3.03 The Employer may subcontract out work where: a) he does not possess the services, supplies and equipment necessary facilities or equipment b) he does not have and/or cannot acquire the required manpower Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilitiesequipment shall be vested in the Employer. 3.03 The Employer may subcontract out work where: a. He does not possess the necessary facilities or equipment; 3. Determine b. He does not have and/or cannot acquire the services, supplies and equipment necessary required manpower Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It 2:01 The union recognizes and acknowledges that the management of the business of the employer, including the direction of the work forces, is expressly agreed that all rights which ordinarily vest in the exclusive right and have been exercised by function of the Boardemployer and, except those which are clearly and expressly relinquished herein by without limiting the Board, shall continue to vest exclusively in and be exercised exclusively by generality of the Board. Such rights shall include, by way of illustration and not by way of limitationforegoing, the union acknowledges that it is the exclusive right and function of the employer to: 1. The executive management (a) Maintain order, discipline and administrative control efficiency and in connection therewith to make, alter, and enforce from time to time policies and practices to be observed by its employees’ discipline or discharge employees with just cause, but subject to the right of an employee to file a grievance; (b) Select, hire, transfer, assign to shifts, promote, demote, layoff or recall employees, and select employees for positions excluded from the bargaining unit; (c) Determine the location of operations, and their expansion or their curtailment, the direction of the school system working forces, schedules of operations, the number of shifts, work content, the establishment of work assignments, the qualifications required to do any work assignment, the use of improved methods, machinery and its properties, facilities, equipment, decide on the number of employees needed by the employer at any time, number of hours to be worked and the activities of its employees during working hoursstarting and quitting times; 2. Hire (d) Have the sole and exclusive jurisdiction over all employees and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schoolsoperations, buildings, departmentsmachinery, divisions or sub- divisions thereofequipment and employees. The employer agrees that it will exercise its functions in a manner consistent with the provisions of this Agreement and that this clause shall not invalidate any other portion of this agreement. 2:02 If the credit union assigns non bargaining unit work to the employees, and such work remains in the relocation bargaining unit for a period of sixty (60) days or closing more in any three (3) month period, it will be deemed at that point to belong to the Bargaining unit permanently. Such time limits can be extended by mutual agreement of offices, departments, divisions or sub- divisions, buildings or other facilities;both parties. 6. Determine 2:03 The Union recognizes the size right of the management organizationCompany to manage its business in all respects in accordance with its commitments and all responsibilities. The services the Company is to provide its members, the location of its functionsoffices and schedule of opening hours, programs, authority, amount of supervision and table of organization; 7. Determine are the policy affecting the selection, testing or training of employees. B. The matters contained in this Agreement and/or the exercise of such rights sole responsibility of the Board are not subject to further negotiations between Company, except as limited by the parties during the term terms and conditions of this Agreement, unless by mutual consentcollective agreement. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed 4.01 Except where specifically modified by the terms of this Agreement, the Union acknowledges that all management rights which ordinarily vest and prerogatives are vested exclusively with the Employer. The Employer has the exclusive right to manage and direct its operations and affairs in all respects. These rights and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights functions shall include, by way of illustration and but are not by way of limitation, the right limited to: 1. The executive management a) determine and administrative control establish standards and procedures for the service, care, welfare, safety and comfort of the school system residents of the Employer; b) maintain order, discipline and its properties, facilities, equipmentefficiency, and the activities of its employees during working hours; 2to make, alter and enforce reasonable rules and regulations to be observed by employees. Hire Such rules will be made available to all employees and to determine the Union. The Employer reserves the right to introduce new rules from time to time, copies of which will also be made available to all employees and to the Union upon their qualifications and the conditions for their continued employmentrequest; c) hire, their days and hours of workretire, their work schedulesclassify, their assignmentpromote, placementdemote, dismissaltransfer, suspensionschedule, layoff, recall recall, direct, assign duties, discharge, suspend or otherwise discipline employees who have completed their probationary period for just cause; provided that a claim of discriminatory transfer, promotion, demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-classification, or a claim that an employee who has completed her probationary period, has been discharged, suspended or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided. The discharge of a probationary employee shall only be done after the employee has been assessed and offered time to improve. d) generally manage the business and, without restricting the generality of the foregoing, to determine job contentthe services to be rendered, descriptionsthe methods, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and work procedures; to determine all methods staffing requirements and means hours, the kinds and locations of performingmachines, distributingtools, disseminatinginstruments and equipment to be used; to select, and/or selling its servicescontrol and direct the use of all materials required in the operation of the Employer that are in the interest of the safety and well-being of the Employer, methodsresidents, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, employees and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeespublic. B. e) The matters contained Employer agrees not to exercise its rights in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consentan arbitrary or discriminatory manner. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, following: a) the right to: 1. The executive management to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b) The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilities;equipment shall be vested in the Employer. 3. Determine 3.03 The Employer may subcontract out work where: a) he does not possess the servicesnecessary facilities or equipment b) he does not have and/or cannot acquire the required manpower c) he cannot perform the work in a manner that is competitive in terms of cost, supplies quality and equipment necessary within projected time limits; Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilities;equipment shall be vested in the Employer. 3. Determine 3.03 The Employer may subcontract out work where: a. He does not possess the services, supplies and equipment necessary facilities or equipment b. He does not have and/or cannot acquire the required manpower Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilities;equipment shall be vested in the Employer. 3. Determine 3.03 The Employer may subcontract out work where: a. he does not possess the servicesnecessary facilities or equipment b. he does not have and/or cannot acquire the required manpower c. he cannot perform the work in a manner that is competitive in terms of cost, supplies quality and equipment necessary within projected time limits; Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that SECTION 5.1 - Enumerated Rights The Company reserves all rights which ordinarily vest in and have been exercised it heretofore had except to the extent that those rights are expressly limited by the Boardprovisions of this Agreement. Without limiting the foregoing reservations of rights, except those which are clearly and expressly relinquished herein by the Boardparties consider it to be desirable, shall continue in order to vest exclusively avoid unnecessary misunderstanding or grievances in and be exercised exclusively by the Board. Such rights shall includefuture, to specify by way of illustration and not by way without limitation some of limitationthe rights reserved to the Company, the right towhich it may exercise in its sole discretion and which might otherwise be a source of potential controversy, these rights being: 1. a. Hire; b. Assign work and schedule; c. The executive management and administrative control of the school system and its propertiesright to promote, facilitiesdemote, equipmenttransfer, and the activities of its lay off employees during working hours; 2. Hire all employees covered by this Agreement and to determine their qualifications the requirements and criteria prerequisite to being hired, promoted, transferred, or laid off; d. Discharge, discipline, or suspend; for just cause: e. Determine the size and composition of the workforce, including the number of, if any, employees assigned to any particular shift and the conditions for their continued employment, their days number of full-time and hours share-time employees; f. Make and enforce work rules not inconsistent with the provisions of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary g. Require Employees to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt observe reasonable Employer rules and regulations; 5. h. Determine when overtime shall be worked and require employees to work; i. Approve all leave and determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted; j. Determine the number qualifications of an Employee to perform work; k. The right to determine, direct, and location change the work operations and work force of the Company; l. The right to ensure adherence to performance standards, the type of services tobe rendered, and the manner in which such services are to be performed; m. The right to determine the type and quantity of machines, equipment, and supplies to be used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or relocation handled by the Company; n. The right to sell, lease, shut down, or otherwise dispose of its all or part of the Company's assets or business operations; o. The right to introduce changes in the methods of operations, jobs or facilities, including the establishment right to automate, totally or relocation partially, any or all of new schoolsits business operations, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilitieseven though this operates to eliminate unit jobs; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision p. The right to establish job descriptions and table of organization; 7. Determine the policy affecting the selection, testing or training of employees. B. The matters contained in classifications and to require any employee covered by this Agreement and/or to perform any job or task deemed necessary by the exercise Company, regardless of such rights of whether it is related to hisprincipal duties provided the Board are not subject assignment is lawful and safe and that the employee is qualified to further negotiations between the parties during the term of this Agreement, unless by mutual consentperform it. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that 5.01 Except and to the extent specifically modified by this Agreement, all rights which ordinarily vest in and have been exercised prerogatives of management are retained by the BoardEmployer and remain exclusively and without limitation within the rights of the Employer and its management. Without limiting the generality of the foregoing, except those which are clearly the Employer's exclusive rights, power and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights authority shall include, by way of illustration and but shall not by way of limitation, be confined to the right to: 1. The executive management (a) maintain order, discipline and administrative control efficiency; (b) make and enforce and alter from time to time reasonable rules and regulations to be observed by all employees; (c) hire, assign duties, transfer, promote, demote, classify, layoff, recall, discharge, suspend or otherwise discipline employees for just cause provided that a claim by an employee that he has been discharged or disciplined without just cause may become the subject of a grievance and may be dealt with as hereinafter provided. (d) determine the location and extent of the school system operations and its propertiestheir designation, commencement, expansion, revision, curtailment or discontinuance; to plan, direct, control and alter all operations; determine in the interest of efficient operation and highest standards of service, the direction of the working forces, the services to be provided and the methods, procedures and equipment to be used in connection therewith; determine the descriptions of the jobs, the hours of work, the work assignments, the methods of doing the work and the working establishment for any service and the standards of performance for all employees; may, as provided in clauses 31.06 and 31.07, require the medical examination of an employee at the Employer's expense by a mutually acceptable physician; (e) determine relevant qualifications of employees, the number of employees required by the Employer at any one time; introduce and improve methods, facilities, equipment, and ; control the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selectionnecessary, testing to increase or training of employeesreduce personnel in any particular area. B. 5.02 The matters contained Employer agrees not to exercise these rights in this Agreement and/or a manner that is inconsistent with the exercise of such rights of the Board are not subject to further negotiations between the parties during the term provisions of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. 23.1: The bargaining unit recognizes that the Employer is charged with certain powers, rights, authority, duties, and responsibilities by the laws and constitution of the state of Michigan which it must assume and discharge, and which shall not be delegated. Nothing contained herein either expressed or implied shall abridge, abrogate, or usurp such rights or duties of the Employer, except as provided for in this Agreement. 23.2: It is expressly agreed that all other rights which ordinarily vest in and have been exercised responsibilities of the Employer including those delegated to the Sheriff by the BoardEmployer, except those which and not in conflict with this Agreement, are clearly hereby recognized. 23.3: The Employer retains the sole and expressly relinquished herein by exclusive right to manage and operate the Board, shall continue to vest exclusively County Sheriff's Office in all of its operations and be exercised exclusively by activities not in conflict with the Boardterms of this Agreement. Such Among the rights shall include, of management included only by way of illustration and not by way of limitationlimitation is the right to determine all matters pertaining to the services to be furnished and the methods, procedures, means, equipment and machines required to provide such services; to establish classifications of work and the number of personnel required; to determine the nature and number of facilities and departments to be operated, and their location; to direct and control operations as in the past; to establish work rules not contrary to this Agreement; to study and use improved methods and equipment, to manage its affairs efficiently and economically, to determine the quantity and quality of service to be rendered, the right to: 1. The executive management and administrative control of materials, tools and equipment to be used, and the school system and its propertiesdiscontinuance of any such service, facilitiesmaterials, or methods of operation, to introduce new equipment, methods, machinery, change, or eliminate existing equipment, and institute changes, supplies to be used and purchased, to construct any new facilities or the activities improvement of its employees during working hours; 2. Hire all employees and existing facilities, to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the work force and increase or decrease size, to determine the lunch, rest period, clean-up time, starting and quitting time, and the number of hours to be worked, to establish work schedules, to make judgments as to ability and skill, to determine work loads, and in all respects to carry out the ordinary and customary function of management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine when not in conflict with the policy affecting the selection, testing or training of employees. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term terms of this Agreement, unless by mutual consent. C. Nothing 23.4: The Employer shall have the right to hire, promote, assign, transfer, suspend, discipline, discharge, layoff and recall personnel; to establish penalties for violation of such rules; to establish and change work schedules, to provide and assign relief personnel when not in conflict with the terms of this Master Agreement shall be construed Agreement. 23.5: The bargaining unit hereby agrees that the Employer retains the sole and exclusive right to limit the powers establish and responsibilities conferred upon the Board of Education administer without limitation, implied or the Superintendent under the Laws or Constitution of the State of Michigan. Specificallyotherwise, the rights all matters not specifically and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preservedexpressly limited by this Agreement.

MANAGEMENT'S RIGHTS. A. It 3.01 The Employer shall have the undisputed right to take any action it deems appropriate in the management of the company and the direction of the work force. The Employer's rights include but are not limited to the following: a. The right to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees who have passed their probationary period for just cause. b. The right to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall, and suspend employees, provided such actions are consistent with the further terms of this Agreement. The Employer agrees to advise the Union at the time the employee is expressly agreed that all rights which ordinarily vest informed or immediately thereafter of any changes to employee status, including new hires. c. The right to operate and manage the Employer's business in order to satisfy its commitments and have been exercised responsibilities. The right to determine the kind and location of business to be done by the BoardEmployer, except those the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which are clearly work is to be performed, job content, quality and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitationquantity standards, the right to: 1. The executive management to use improved methods, machinery and administrative control 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 school system and its properties, facilities, equipment, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotionEmployer, and to plan, direct and control the operations of the Employer, without interference. d. The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall be vested in the Employer. e. The Union and the Employer recognize the reciprocal value of improving the productivity of the individual employee and undertake jointly and severally to promote and transfer all encourage such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3productivity. Determine The Employer will institute measures or benchmarking key performance indicators to promote the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size productivity of the management organization, its functions, programs, authority, amount of supervision employees and table of organization; 7. Determine the policy affecting the selection, testing or training of employeescontinuous improvement. B. The matters contained in this Agreement and/or the exercise of such rights f. Work normally performed by members of the Board are bargaining unit will not subject be subcontracted out by the Employer if employees qualified to further negotiations between do the parties during work must be laid off or discharged as the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution result of the State Employer’s subcontracting out of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preservedwork.

MANAGEMENT'S RIGHTS. A. It 4.01 The Union recognizes and acknowledges that the management of the Employer’s operations and direction of the work force is expressly agreed that all rights which ordinarily vest in fixed exclusively with the Employer, and have been exercised by without limiting the Board, except those which are clearly and expressly relinquished herein by generality of the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitationforegoing, the Union acknowledges that it is the exclusive right of the Employer to: 1. The executive management (a) maintain order, discipline and administrative control efficiency, and in connection therewith to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its Employees, discipline or discharge Employees provided that a claim that an Employee who has acquired seniority has been disciplined or discharged without just cause may be the subject of a grievance as provided in this Agreement; (b) select, hire, transfer, assign to shifts, promote, demote, classify, layoff or recall Employees, select Employees for positions excluded from the bargaining unit; (c) determine the location of operations, and their expansion or their curtailment, the direction of the school system working force, the schedules of operations, the number of shifts; determine the methods and its propertiesprocesses to be employed, facilitiesjob content, quality and quantity standards, the establishment of work or job classifications; determine the qualifications of any job classification, the nature of tools, equipment and machinery used and to use new or improved methods, equipment and machinery, change or discontinue existing tools, equipment, machinery, methods or processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; the activities determination of its employees during working hoursfinancial policies, including general accounting procedures and sponsorship and funder relations; 2. Hire (d) have the sole and exclusive jurisdiction over all employees operations, equipment and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeesEmployees. B. 4.02 The matters contained Employer agrees that it will exercise its functions in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of a manner that is consistent with this Agreement, unless by mutual consent. The Employer agrees that it will not exercise its functions in a discriminatory manner or in bad faith. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such control the operations of the 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 subcontract out work where: a. he does not possess the necessary facilities or equipment; b. he does not have and cannot acquire the required manpower. Work normally performed by members of the bargaining unit will not be subcontracted out if employees unless specified qualified to 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. 3.04 Any subcontracting must be first presented to the Union with the rationale for it. 3.05 Where an Employer subcontracts work which otherwise in would be performed by employees covered by this agreement, determine and reeach Employer agrees to hire only sub-determine job contentcontractors whose employees will be paid not less than the rates of pay listed on Schedule “A”. 3.06 Where the Contractor subcontracts work, descriptionshe shall invite tenders from all relevant trade contractors listed in the current CLAC trade directory. When inviting and/or accepting a subcontracting arrangement with non-CLAC affiliated contractors, the Contractor shall inform such sub-contractors of a preference for CLAC affiliated trades, and responsibilities; 3. Determine require that such sub-contractors permit their employees working on site to meet with a CLAC representative to discuss the services, supplies and equipment necessary to continue operation and to determine all methods and means advantages of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeesbeing organized with CLAC. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer's rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which following provided such actions are clearly and expressly relinquished herein by consistent with the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way further terms of illustration and not by way of limitation, the right tothis Agreement: 1. The executive management a) the right: to maintain order, discipline and administrative control of 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 school system right: to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand 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 promote plan, direct and transfer all such employees unless specified otherwise control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall be vested in this agreement, determine and re-determine job content, descriptions, and responsibilitiesthe Employer. 3.03 The Employer may contract out where: a) it does not possess the necessary facilities or equipment; 3. Determine b) it does not have and /or cannot acquire the servicesrequired manpower; c) It does 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, supplies (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 equipment necessary provided that no qualified employees are already laid off and available to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on do the work. 3.04 The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, Union and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6employees. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeesA CLAC Representative may attend such meetings. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 Subject to the terms of this Agreement, the Employer's rights which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, include the right to: 1. The executive management a) Maintain order, discipline and administrative control of the school system efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its properties, facilities, equipment, employees; to discipline and the activities of its discharge employees during working hoursfor just cause; 2. Hire all employees b) Select, hire and direct the working force and employees; to determine their qualifications and the conditions for their continued employmenttransfer, their days and hours of workassign, their work schedulespromote, their assignmentdemote, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; and 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. JFSLMaintenance Services lnc./CLAC, local 63 Construction/Non-Construction/Maintenance-NWT 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilitiesequipment will be vested in the Employer. 3.03 The Employer may only contract out work where: a) It do not possess the necessary facilities or equipment; 3b) It do not have and/or cannot acquire the required manpower; c) It cannot perform the work in a manner that is competitive in terms of cost, quality and 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 the Employer wishes to sub-contract and the subcontractors to be hired to do such work. Determine ARTIC LE 4 - UNION REPRESENTATION For the servicespurpose of representation with the Employer, supplies the Union will function and equipment necessary be recognized as follows: 4.01 Stewards a) The Union has the right to continue operation select or appoint Union stewards {"Stewards") to assist the employees in presenting any complaints or grievances they have to representatives of the Employer and to determine all methods enforce and means administer the Agreement. In general, the number of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation Stewards will be determined as follows : i) When there are fifty (SO) or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes thereinless employees - one (1) xxxxxxx; 4. Adopt rules and regulationsii) Over fifty (SO) employees, but less than one hundred {100) - two (2) stewards; 5iii) For every hundred (100) employees beyond one hundred (100) - at least one {1) additional Xxxxxxx. Determine More Stewards may be added by mutual agreement. b) i) Stewards will receive the number and location or relocation of its facilities, including hourly premium as set out in Schedule "A". The U nion will advise the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and Employer in writing the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size name(s) of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeesXxxxxxx(s). B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer's rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which following provided such actions are clearly and expressly relinquished herein by consistent with the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way further terms of illustration and not by way of limitation, the right tothis Agreement: 1. The executive management a. the right: to maintain order, discipline and administrative control of 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 school system right: to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand 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 promote plan, direct and transfer all such employees unless specified otherwise control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall be vested in this agreement, determine and re-determine job content, descriptions, and responsibilitiesthe Employer. 3.03 The Employer may contract out where: a. it does not possess the necessary facilities or equipment; 3. Determine b. it does not have and /or cannot acquire the servicesrequired 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, supplies (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 equipment necessary provided that no qualified employees are already laid off and available to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on 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, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, Union and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6employees. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeesA Representative may attend such meetings. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by 3.01 Provided such actions are consistent with the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employees. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term terms of this Agreement, unless 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. the right to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices to be adhered to by mutual consentits employees provided such rules and regulations, policies and practices are not inconsistent with any of the provisions of this Agreement; b. the right to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall, suspend employees, and to discipline and discharge employees for just cause; to select and retain employees for positions excluded from the bargaining unit. C. Nothing c. the right: to operate and manage the Employer's business in this Master Agreement 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 be construed vested in the Employer. 3.03 The Employer may contract out work where: a. it does not possess the necessary facilities or equipment; b. it does not have and/or cannot acquire the required manpower; c. it cannot perform the work in a manner that meets quality and projected time limits. 3.04 The Employer may meet periodically with its employees for the purpose of discussing any matters of mutual interest or concern to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. SpecificallyEmployer, the rights and responsibilities as conferred under the Public Employment Relations Act Union, and the Revised School Code are preservedemployees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilities;equipment shall be vested in the Employer. 3. Determine 3.03 The Employer may subcontract out work where: a. he does not possess the services, supplies and equipment necessary facilities or equipment b. he does not have and/or cannot acquire the required manpower Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. 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 promote plan, direct and transfer all such control the operations of the 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 subcontract out work where: a. he does not possess the necessary facilities or equipment; b. he does not have and cannot acquire the required manpower. Work normally performed by members of the bargaining unit will not be subcontracted out if employees unless specified qualified to 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. 3.04 Any subcontracting must be first presented to the Union with the rationale for it. 3.05 Where an Employer subcontracts work which otherwise in would be performed by employees covered by this agreement, determine and reeach Employer agrees to hire only sub- contractors whose employees will be paid not less than the rates of pay listed on Schedule “A”. 3.06 Where the Contractor subcontracts work, he shall invite tenders from all relevant trade contractors listed in the current CLAC trade directory. When inviting and/or accepting a subcontracting arrangement with non-determine job contentCLAC affiliated contractors, descriptionsthe Contractor shall inform such sub- contractors of a preference for CLAC affiliated trades, and responsibilities; 3. Determine require that such sub-contractors permit their employees working on site to meet with a CLAC representative to discuss the services, supplies and equipment necessary to continue operation and to determine all methods and means advantages of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeesbeing organized with CLAC. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.

MANAGEMENT'S RIGHTS. A. It is expressly agreed that all 3.01 The Employer’s rights which ordinarily vest in and have been exercised by include but are not limited to the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right tofollowing: 1. a. The executive management right to maintain order, discipline and administrative control 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, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the school system grievance procedure set out herein. b. The right to select, hire and its propertiesdirect the workforce and employees; to transfer, facilitiesassign, equipmentpromote, and the activities of its employees during working hours; 2. Hire all employees and to determine their qualifications and the conditions for their continued employmentdemote, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspensionclassify, layoff, recall or demotionand suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this Agreement. 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 promote plan, direct and transfer all such employees unless specified otherwise in this agreementcontrol the operations of the Employer, determine without interference. 3.02 The sole and re-determine job contentexclusive jurisdiction over operations, descriptionsbuilding, machinery, and responsibilities;equipment shall be vested in the Employer. 3. Determine 3.03 The Employer may subcontract out work where: a. he does not possess the services, supplies and equipment necessary facilities or equipment b. he does not have and/or cannot acquire the required manpower Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; do the means, methods, and processes of carrying work are on the work, including automation or contracting thereoflayoff, or changes therein; if employees qualified to do the institution of new and/or improved methods work must be laid off, transferred, demoted or changes therein; 4. Adopt rules and regulations; 5. Determine discharged as the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size result of the management organization, its functions, programs, authority, amount subcontracting out of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employeeswork. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School Code are preserved.