Common use of MANAGEMENT'S RIGHTS Clause in Contracts

MANAGEMENT'S RIGHTS. The Contractors retain full and exclusive authority for the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms of this Agreement.

MANAGEMENT'S RIGHTS. Section 1. The Contractors retain Contractor retains the full and exclusive authority for the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule AAgreement, the Contractor retains the right to direct the working forceworkforce, including the hiring, promotion, transfer, layoff, discipline or discharge for just cause of its employees; the selection of foremen; the assignment and scheduling schedule of work; the promulgation of reasonable work rules; and, the requirement of overtime work and work, the determination of when it shall will be workedworked and the number and identity of employees engaged in such work. No rules, customs, or practices which that limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Section 2. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there There shall be no limitation or restriction by a signatory Union upon the a Contractor’s choice of materials materials, design or designmanufacture, nor, regardless of source or location, upon the full use and installation utilization of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of or application of such all items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule Awork; provided, however, it is recognized that installation of specialty items which may be furnished by the Owner may be performed by employees employed under this Agreement who may be directed by other personnel having in a supervisory role, or, in limited circumstances requiring special talents knowledge of the particular item(s), may be performed by employees of the vendor or qualifications may participate in other companies where necessary to protect a manufacturer’s warranty or where the installation, checkout or testing of specialized or unusual equipment or facilitiesemployees working under this Agreement lack the required skills to perform the work. Section 3. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the The use of new technology, equipment, machinery, tools and/or labor savings laborsaving devices and methods of performing work will may be initiated by the Contractor from time to time-to- time during the projectProject. The Consistent with law and safe practices, the Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms IX of this Agreement.

MANAGEMENT'S RIGHTS. Section 3.1. The Contractors retain EMPLOYER retains full and exclusive authority for the management of its operations. Except as expressly The EMPLOYER shall direct their working forces at their prerogative, including, but not limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains the right to direct the working force, including the hiring, promotion, transfer, discipline lay-off or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be workedadministering disciplinary action. No rules, customs, or practices shall be permitted or observed which limit or restrict productivity, efficiency production or limit or restrict the individual and/or joint working efforts of employees shall be permitted or observedemployees. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule AEMPLOYER shall schedule work, there and shall determine when overtime will be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use worked and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving deviceswho will work overtime. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless foregoing enumeration of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise management rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver to exclude other functions not specifically set forth. The EMPLOYER, therefore, retains all management rights and residual rights of said rights or of the Contractor’s right to exercise said rights in some other manner management not in conflict with specifically limited by the terms of this Agreement. Section 3.2. Except as expressly limited by other specific provisions of this Agreement, the EMPLOYER retains the exclusive right to direct the workforce including, but not limited to; the hiring, promotion, transfer, layoff, discipline, suspension, or discharge for just cause of its employees; the selection of xxxxxxx and general xxxxxxx (with input from the UNION), the assignment and scheduling of work, including mandatory overtime work; the promulgation and subsequent revision of reasonable work rules and labor relations policies and procedures. The EMPLOYER may utilize any methods and techniques of construction, maintenance and support services. Section 3.3. Their shall be no restrictions or limitations upon the EMPLOYER’S choice of materials, components or equipment regardless of source, vendor or location including, but not limited to, no restrictions or limitations on the full use and utilization of; equipment, machinery, packaging, pre-cast, pre-fabricated, off site fabricated, pre-finished and pre-assembled components of any type or description. Section 3.4. Should the UNIONS signatory to this Agreement enter into any project labor agreement(s) (present or future) applicable to work at the SITE which grants any terms and conditions more favorable to the EMPLOYER than the terms and conditions in this Agreement, then SRNS, the SUPPORT MANAGER and EMPLOYERS signatory to this Agreement, may, at their sole discretion, automatically be entitled to such terms and conditions. Upon written notice by the SUPPORT MANAGER, the LMCC shall address this issue within thirty (30) days notice and develop the appropriate amendment(s) and/or the applicable contract language revisions, as may be required, incorporating the more favorable terms and conditions of any applicable (SRS only) project labor agreement at the SITE into this Agreement.

MANAGEMENT'S RIGHTS. 2.1 The Contractors retain full Union recognizes that it is the right and exclusive authority responsibility of the Company to maintain discipline and efficiency and agree that management shall have the freedom of actions necessary to discharge its responsibility for the management successful execution of its operationsthe XXXXX Contract. Except as expressly limited by other provisions of this Agreement and or the appropriate collective bargaining agreement listed on applicable Schedule AAgreements, the Contractor Company retains the right to direct the working forceworkforce, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, subcontracting work, the requirement of overtime work and the determination of when it shall be worked; the right to promulgate reasonable rules and regulations and to amend or modify such rules from time to time with prior notice to the Union; and the right to direct the workforce and execute the requirements of the XXXXX Contract in a safe and effective manner. No rulesNothing in this Agreement shall be construed to prevent the Company from assigning any employee to any work area. Nothing in this Agreement shall be construed to prevent any employee from performing work normally assigned to other classifications. 2.2 The foregoing enumeration of Management’s Rights shall not be deemed to exclude other rights of management, customsnot specifically set forth, or practices which limit or restrict productivityprovided that no supplementary right of management may abridge any specific term of this agreement. In addition, efficiency or the individual and/or joint working efforts foregoing enumeration of Management’s Rights and functions is without prejudice to the Union’s duty and responsibility for the representation of employees shall be permitted covered by this agreement and its rights, in accordance with the law and the terms of this agreement, to process grievances, disputes or observed. The Contractor may utilize any methods differences as to the interpretation or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing any provisions of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized this agreement. 2.3 The parties recognize that the use of new technology, equipment, machinery, tools and/or tools, process assignment practices or labor savings saving devices and methods of performing work will may be initiated by the Contractor Company from time-to-time on the XXXXX Contract. Such technology, and training in the use of such tools, devices or methods shall be provided by the Company at no cost to time during the projectemployee. Appropriate bargaining unit employees will continue to perform such work provided they are or become qualified and unless the technical alterations change the nature of the work in a way that removes it from the scope of the bargaining unit. The Company will notify the affected Union of any such change and will be prepared to discuss the impact on the respective bargaining unit prior to implementation. Such initiatives will be implemented only for valid business purposes and shall not be a subterfuge for reducing bargaining unit work. The Union agrees that it will not in any way restrict impede the implementation of such legitimate new devices or work methods. If there is any disagreement between the Contractor Union and the Union Company concerning the manner or legitimacy of implementation of such device devices or method methods of work, the implementation shall will proceed as directed by the Contractor, Company and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure 8 herein. 2.4 In order to react to an emergency work requirement or one-time, short duration requirement (expected not to exceed thirty (30) days) imposed by the Government that exceeds the reasonable capacity of the Contractor to exercise rights herein reserved to it or existing workforce the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of Company reserves the Contractor’s right to exercise said rights employ any and all sources of effort to mitigate the work requirement. 2.5 The parties agree that nothing in some other manner not in conflict with this Agreement is intended to change the terms Companies’ practices of this Agreementperforming planned work.

MANAGEMENT'S RIGHTS. 13.1 The Contractors retain full Guild recognizes the prerogative of the Employer to operate and exclusive manage its affairs in all respects in accordance with its responsibilities and powers of authority for subject to the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains Agreement. 13.2 The Employer has the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and public safety. 13.3 The parties understand and agree that the determination statements in employees' job descriptions are not an all-inclusive list of when it shall be workedtheir work requirements. No rulesIndividuals may perform other duties as assigned including work in functional areas to cover absences or relief, customs, to equalize peak work periods or practices which limit or restrict productivity, efficiency or otherwise to balance the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. workload. 13.4 Except as otherwise stated in provided herein, the appropriate collective Employer shall decide all questions as to lay-offs, subject to the right of the Guild to request and discuss with the Employer the reason for any layoffs involving bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devicesunit positions. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless Employer and Guild shall bargain over the effects of their sourceany such layoffs on individual employees. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union Employer shall have the right to arbitrate determine reasonable schedules of work and to establish the dispute as set forth methods or processes by which such work is performed in accordance with Article VIII 4 of this Agreement. The failure . 13.5 Any and all rights concerned with management and operation of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or Police Department are exclusively that of the Contractor’s right to exercise said rights in some other manner not in conflict with City unless otherwise specially provided by the terms of this Agreement. By way of example only, the City has the right to discipline, suspend, or discharge employees for just cause; to assign work and determine job content of employees; to determine the number of personnel to be assigned duty at any time; to determine, introduce new, or revise the methods, processes and means of providing departmental services; to determine the work and shift schedule (in a manner not inconsistent with this Agreement); to establish performance standards and evaluations; to build, move, or modify its facilities; to take any action on any matter in the event of any emergency; and to perform all of the functions not otherwise expressly limited by the Agreement or applicable law. Nothing in this Article shall be interpreted to modify other explicit provisions of this Agreement nor to waive the Guild's right to bargain the "effects" of performance standards and evaluations. 13.6 The City's Personnel Policies shall be applicable to members of the Guild. In the event of any inconsistency between this Agreement and the Policies, this Agreement shall prevail.‌

MANAGEMENT'S RIGHTS. The Contractors retain full Union recognizes and exclusive authority for acknowledges that the management of its operations. Except as expressly limited by other provisions the plant and direction of this Agreement and the appropriate collective bargaining agreement listed on Schedule Aworking force are fixed exclusively in the Company and, without restricting the generality of the foregoing, the Contractor retains Union acknowledges that is the right to direct exclusive function of the working forceCompany to: Maintain order and efficiency; Hire, including the hiringpromote, promotiondemote, classify. transfer, suspend and retire employees, and to discipline or discharge any non-probationary employee for the just cause provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without just cause may be the subject of its employeesa grievance and dealt with as hereinafter provided; Make, enforce, and alter, from time to time. reasonable rules and regulations to be observed by the selection employees provided that new rules will first be discussed with the Union; Determine the nature and kind of foremen; business conducted by the assignment Company, the kinds and scheduling locations of plants, equipment and materials to be used, the control of materials and parts, the methods and techniques of work; and, the requirement content of overtime work Jobs, the schedules of production. the number of employees to be employed, the extension. limitations. curtailment or cessation of operations or any part thereof. STEWARDS, UNION COMMITTEE AND SUPERVISORS Union Committee The Company agrees to recognize a Union Committee consisting of one Chief Xxxxxxx and up to a maximum of four stewards selected by the determination Union. All members of when it the Union Committee shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or regular employees of the individual and/or joint working efforts of employees Company and shall be permitted or observedhave at least six months service with the Company. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized Company further acknowledges that the use of new technology, equipment, machinery, tools and/or labor savings devices Union Committee will serve as the Union Negotiating Committee and methods of performing work will be initiated by agrees to deal with the Contractor said Committee with respect to any matter which properly arises from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII term of this Agreement. Stewards and Supervisors The failure Union will inform the Company, in writing. of the Contractor to exercise rights herein reserved to it names of the stewards and members of the Union Committee and of any subsequent changes in the names of any xxxxxxx or member of the exercise of those rights in a particular way Union Committee. The Company shall not be deemed a waiver of said rights asked to recognize any xxxxxxx or member of the Contractor’s Union Committee until such notification from the Union has been received. The Company shall supply to the Union a list of employees acting in a supervisory capacity and their job titles. A xxxxxxx shall not lose straight time pay for time spent in discussions with management about existing grievances provided that: She shall first obtain the permission of her Supervisor before leaving her work (which permission shall not be unreasonably withheld); This shall not include time spent at Arbitration hearings; The Company retains the right to exercise said rights limit such time it seems excessive; Article The any will pay members of the Negotiation Committee one-half of their regular wages for time actually spent in some negotiations. The maximum payment for any meeting day shall be four hours at the employee's regular hourly rate or in other manner words one-half of eight hours. Notwithstanding the above payment shall not be made for negotiation meetings which are held on weekends or after commencement of conciliation. Non-bargaining Unit employees shall not be permitted to perform bargaining unit work except in conflict with the terms following situations: instructing or training employees and demonstrating the correct use of this Agreementproduct experimentation and production trials; acting to prevent an accident or injury to an employee or to prevent product or equipment damage: and when regular employees are not available.

MANAGEMENT'S RIGHTS. The Contractors retain full and exclusive authority for the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the Net Multi-Tenant Office/Laboratory 455 Mission Bay / Nektar - Page 4 assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms of this Agreement.. Net Multi-Tenant Office/Laboratory 455 Mission Bay / Nektar - Page 5 Authorized representatives of the Union shall have access to the Covered Work provided they do not interfere with the work of employees and further provided that such representatives fully comply with the posted visitor and security and safety rules of the Covered Work. The Union shall have the right to designate working journey workers as stewards. The Union shall, in writing, notify the Contractor as to the identity of the designated xxxxxxx prior to the assumption of his/her duties as a xxxxxxx. In addition to his/her work as an employee, the xxxxxxx shall have the right to receive, but not solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. The Contractor will not discriminate against a xxxxxxx in the proper performance of his/her Union duties provided that such duties do not interfere with his/her regular work or with the work of other employees. Stewards shall receive the regular rate of pay for their respective craft. There will be no non-working stewards. The xxxxxxx shall not have the right to determine when overtime shall be worked or who shall work overtime, or to interfere with any of the supervisory functions of the Contractor. The Contractor agrees to notify the appropriate Union twenty-four (24) hours prior to the layoff of a xxxxxxx, except in the case of discipline or discharge for a cause. If a xxxxxxx is protected against such layoff by the provision of any of the collective bargaining agreements listed on Schedule A, such protection shall be recognized to the extent that the xxxxxxx possesses the necessary qualifications to perform the work remaining. In any case in which a xxxxxxx is discharged or disciplined for cause the appropriate Union shall be notified immediately by the Contractor. For the purpose of this provision, “cause” for discharge shall mean incompetence, unexcused absenteeism, disobedience of orders, unsatisfactory performance of duties and violation of posted project work rules. On work where Catellus’ or Owner’s personnel may be working in close proximity of the construction activities, the Union agrees that its representatives, stewards and individual workers will not interfere with Catellus’ or Owner’s personnel or with the work which is being performed by Catellus’ or Net Multi-Tenant Office/Laboratory 455 Mission Bay / Nektar - Page 6 Owner’s personnel. This is not to be construed to mean that Catellus’ or Owner’s personnel may perform work covered by the collective bargaining agreements listed on Schedule A.

MANAGEMENT'S RIGHTS. 13.1 The Contractors retain full Guild recognizes the prerogative of the Employer to operate and exclusive manage its affairs in all respects in accordance with its responsibilities and powers of authority for subject to the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains Agreement. 13.2 The Employer has the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and public safety. 13.3 The parties understand and agree that the determination statements in Employees' job descriptions are not an all-inclusive list of when it shall be workedtheir work requirements. No rulesIndividuals may perform other duties as assigned including work in functional areas to cover absences or relief, customs, to equalize peak work periods or practices which limit or restrict productivity, efficiency or otherwise to balance the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. workload. 13.4 Except as otherwise stated in provided herein, the appropriate collective Employer shall decide all questions as to lay-offs, subject to the right of the Guild to request and discuss with the Employer the reason for any layoffs involving bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devicesunit positions. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless Employer and Guild shall bargain over the effects of their sourceany such layoffs on individual employees. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union Employer shall have the right to arbitrate determine reasonable schedules of work and to establish the dispute as set forth methods or processes by which such work is performed in accordance with Article VIII 4 of this Agreement. The failure . 13.5 Any and all rights concerned with management and operation of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or Police Department are exclusively that of the Contractor’s right to exercise said rights in some other manner not in conflict with City unless otherwise specifically provided by the terms of this Agreement. By way of example only, the City has the right to discipline, suspend, or discharge employees for just cause; to assign work and determine job content of employees; to determine the number of personnel assigned to duty at any time; to determine, introduce new, or revise the methods, processes and means of providing departmental services; to determine the work and shift schedule (in a manner not inconsistent with this Agreement); to establish performance standards and evaluations; to build, move, or modify its facilities; to take any action on any matter in the event of any emergency; and to perform all of the functions not otherwise expressly limited by the Agreement or applicable law. Nothing in this Article shall be interpreted to modify other explicit provision of this Agreement nor to waive the Guild's right to bargain the "effects" of performance standards and evaluations. 13.6 The City's Policy and Procedures Manual shall be applicable to members of the Guild. In the event of any inconsistency between this Agreement and the Manual, this Agreement shall prevail.

MANAGEMENT'S RIGHTS. The Contractors (a) MHDC, Construction Manager(s), the Prime Contractor, and Contractor(s) have the sole and exclusive right and authority to oversee and manage operations including construction on Project Work without any limitation unless expressly so stated by a specific provision of this Agreement or unless specifically preempted by a Schedule A. In addition, the Prime Contractor and Contractor(s) retain the full and exclusive authority for the management of its their operations, including in particular the construction of the Project. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule AAgreement, the Contractor retains the right to direct the working work force, including including, but not limited to, the hiring, promotion, transfer, discipline layoff, corrective action, or discharge for just cause of its employees; the determination of the number of employees needed for work on the Project, provided, however, that the number and classification(s) of the employee(s) assigned to a particular task shall be undertaken consistent with the assignments/xxxxxxx provisions of the applicable Schedule A established for the safety of the individuals and the maintenance and protection of the equipment they utilize; the selection of foremen; the assignment and scheduling schedule of work; and, and the requirement of overtime work and work, the determination of when it shall will be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or and the individual and/or joint working efforts number of employees engaged in such work. (b) In addition to the above enumerated rights of the Prime Contractor and Contractor and to the rights of MHDC as enumerated in this Agreement, all management rights conferred on MHDC by law are reserved to it. MHDC’s rights include, but are not limited to: (i) Inspect the work site to ensure that the Prime Contractor and Contractor(s) follow applicable safety and other work requirements; and (ii) Require the Prime Contractor and/or Contractor(s) to establish a different work week or shift schedule for particular employees as are reasonably required to meet the operational needs of the Project; provided, however, that such changes shall be permitted not adversely affect the wages or observedpremium payments otherwise due the employee(s) pursuant to other provisions of this Agreement and subject to Schedule A. Section 2. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there There shall be no limitation or restriction by a signatory Union upon the a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation utilization of equipment, machinery, package unitspackaging, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor labor-saving devices, except as noted in Article II, Section 3. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools tools, and/or labor savings saving devices and methods of performing work will may be initiated by the Prime Contractor or Contractor from time to time during the projectProject. The Union agrees that it will not in any way restrict the implementation of such new devices or work methodsmethods of work. If there is any disagreement between the Prime Contractor or Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms VII of this Agreement.

MANAGEMENT'S RIGHTS. 14.1 The Contractors retain full Guild recognizes the prerogative of the Employer to operate and exclusive manage its affairs in all respects in accordance with its responsibilities and powers of authority for subject to the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains Agreement. 14.2 The Employer has the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and public safety. 14.3 The parties understand and agree that the determination statements in Employees' job descriptions are not an all-inclusive list of when it shall be workedtheir work requirements. No rulesIndividuals may perform other duties as assigned including work in functional areas to cover absences or relief, customs, to equalize peak work periods or practices which limit or restrict productivity, efficiency or otherwise to balance the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. workload. 14.4 Except as otherwise stated in provided herein, the appropriate collective Employer shall decide all questions as to lay- offs, subject to the right of the Guild to request and discuss with the Employer the reason for any layoffs involving bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devicesunit positions. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless Employer and Guild shall bargain over the effects of their sourceany such layoffs on individual employees. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union Employer shall have the right to arbitrate determine reasonable schedules of work and to establish the dispute as set forth methods or processes by which such work is performed in accordance with Article VIII 4 of this Agreement. The failure . 14.5 Any and all rights concerned with management and operation of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or Police Department are exclusively that of the Contractor’s right to exercise said rights in some other manner not in conflict with City unless otherwise specially provided by the terms of this Agreement. By way of example only, the City has the right to discipline, suspend, or discharge employees for just cause; to assign work and determine job content of employees; to determine the number of personnel to be assigned duty at any time; to determine, introduce new, or revise the methods, processes and means of providing departmental services; to determine the work and shift schedule (in a manner not inconsistent with this Agreement); to establish performance standards and evaluations; to build, move, or modify its facilities; to take any action on any matter in the event of any emergency; and to perform all of the functions not otherwise expressly limited by the Agreement or applicable law. Nothing in this Article shall be interpreted to modify other explicit provisions of this Agreement nor to waive the Guild's right to bargain the "effects" of performance standards and evaluations. 14.6 The City's Personnel Policies shall be applicable to members of the Guild. In the event of any inconsistency between this Agreement and the Policies, this Agreement shall prevail.

MANAGEMENT'S RIGHTS. 4.1 The Contractors retain full Union recognizes that it is the right and exclusive authority responsibility of the Company to maintain discipline and efficiency and agrees that management shall have the freedom of action necessary to discharge its responsibility for the management successful execution of its operationsthe LASSO contract. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule AAgreement, the Contractor Company retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be worked; the right to promulgate fair and reasonable policies, rules and regulations and to amend or modify such from time to time with prior notice to the Union; and the right to direct the workforce and execute the requirements of the LASSO contract in a safe and effective manner. Assignment of work will normally be in accordance with established job classifications. However, when fluctuations in workloads occur in a particular classification, work can be assigned to non-affected classifications within the unit, providing the employees have the qualifications to do the work. No rulesassignment out of classification under this section shall be made without prior notice to the Union and will be subject to any conditions negotiated by the parties of the assignment. 4.2 The foregoing enumeration of Management’s Rights shall not be deemed to exclude other rights of management, customsnot specifically set forth, or practices which limit or restrict productivityprovided that no supplementary right of management may abridge any specific term of this agreement. In addition, efficiency or the individual and/or joint working efforts foregoing enumeration of Management’s Rights and functions is without prejudice to the Union’s duty and responsibility for the representation of employees shall be permitted covered by this agreement and its rights, in accordance with the law and the terms of this agreement, to process grievances, disputes or observed. The Contractor may utilize any methods differences as to the interpretation or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing any provisions of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized this agreement. 4.3 The parties recognize that the use of new technology, equipment, machinery, tools and/or tools, computers, process assignment practices or labor savings saving devices and methods of performing work will may be initiated by the Contractor Company from time-to-time on the LASSO contract. Such technology, and training in the use of such tools, devices or methods shall be provided by the Company at no cost to time during the projectemployee. Appropriate bargaining unit employees will continue to perform such work provided they are or become qualified and unless the technical alterations change the nature of the work in a way that removes it from the scope of the bargaining unit. The Union agrees that it Company will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and notify the Union concerning of any such change and will be prepared to discuss the manner or implementation of such device or method of work, impact on the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms of this Agreement.respective bargaining unit prior

MANAGEMENT'S RIGHTS. 6.01 The Contractors retain full Union recognizes and exclusive authority for acknowledges that the management of the Employer and its facilities and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: a) Maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees, discipline or discharge employees provided that a claim by an employee that has been discharged or disciplined may be the subject of a grievance and dealt with as hereinafter provided; b) Select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall employees or select employees for positions excluded from the bargaining unit; c) Establish and administer tests for the purpose of assisting the Employer in determining an employee's qualifications, and required medical examinations; d) Determine the location of operations, and the expansion or curtailment of operations, the direction of the working forces, schedules of operations, the number of shifts; determine the methods and processes to be employed, job content, quality and quantity standards, the establishment of work or job classifications; change, combine or abolish job classifications; determine the qualifications of an employee to perform any particular job; the nature of tools, equipment and machinery used and to use new or improved methods, machinery and equipment, change or discontinue existing tools, equipment, machinery, methods of processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; e) Have the sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and the management and monitoring of employees and the workplace. Except as expressly limited by other The Employer agrees that it will not exercise its functions in a manner inconsistent with the express provisions of this Agreement and that the appropriate collective bargaining agreement listed on Schedule A, express provisions of this Agreement constitute the Contractor retains only limitations upon the right Employer's rights. Failure by the Employer to direct the working force, including the hiring, promotion, transfer, discipline or discharge exercise any of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise management rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed considered as a waiver of said abandonment of any such rights or of nor shall it preclude the Contractor’s right to exercise said Employer from exercising its rights in some other manner not in conflict with the terms of this Agreementway.

MANAGEMENT'S RIGHTS. The Contractors retain full and exclusive authority for the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, prefinished or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms of this Agreement.

MANAGEMENT'S RIGHTS. The Contractors retain full and exclusive authority for the management of its operations. 5.01 Except as otherwise expressly limited by other provisions of and specifically set forth in this Agreement and the appropriate collective bargaining agreement listed on Schedule AAgreement, the Contractor retains Company shall exercise all of the regular and customary functions of Management. The Guild explicitly waives any right to prior consultation about the Company’s exercise of these functions. Included, without limiting the generality of the foregoing, are the right to direct the working forceto: hire, including the hiringtrain, promotionevaluate, transfer, promote, and assign employees; to reduce and increase the work force; discharge or discipline or discharge employees for just and sufficient cause; plan and control the operations of the Company, including determining the work to be performed and how, when, where and by whom such work is to be performed; determine and effect changes in processes, means, methods, equipment, facilities, and systems to be used including the unrestricted use of available technology; make and enforce reasonable rules, regulations and performance standards relating to the operation of the Company and to the conduct of employees. 5.02 The Company reserves and retains solely and exclusively all of its employees; normal, inherent, and common law rights to manage the selection business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of foremen; the Editorial Department employees of the Company. 5.03 The Company may require bargaining unit personnel to perform tasks and use equipment in news gathering outside of their customary duties. For example, reporters may be required to gather still images, video images and audio incidental to their work, and photographers may be required to gather news content incidental to their work. Employees will be given reasonable training as to such duties, including training on applicable performance standards. The assignment and scheduling of work; andsuch duties shall not change the job classification, nor necessitate a change in pay rate without negotiation between the requirement of overtime work Company and the determination of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. Guild. 5.04 The Contractor Company may utilize any methods or techniques method of constructiontimekeeping of its choosing. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there Employees shall be no limitation or restriction upon paid bi-weekly on a payday of the ContractorCompany’s choice of materials or designdesignation, nor, regardless of source or location, upon which payday may be changed at the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devicesCompany’s discretion on two weeks’ notice to the employees. The Contractor Company may without restriction install or otherwise use materials, supplies or equipment regardless mandatory direct deposit of their sourcepay and expense reimbursement to the extent permitted by law. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications Company may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that its discretion ban the use of new technology, equipment, machinery, tools and/or labor savings devices tobacco products from its premises and methods of performing from work will be initiated by the Contractor from time to time during the projecttime. The Union agrees Company may in its discretion install video surveillance cameras in its premises, provided that it such cameras will not be installed in any way restrict the implementation restrooms and other similar areas where employees would have a reasonable expectation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractorpersonal privacy, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall such surveillance will not be deemed a waiver of said rights or of the Contractor’s right to exercise said rights in some other manner not in conflict with the terms of this Agreementinclude audio.

MANAGEMENT'S RIGHTS. The Contractors retain full That Local acknowledges it is the exclusive function of the City to: maintain order, discipline and exclusive authority for the management efficiency. hire, discharge, direct, classify, across occupation codes/positions, schedule hours of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains the right to direct the working force, including the hiring, promotionwork, transfer, promote, demote and suspend or otherwise discipline any provided that a claim of discriminatory promotion, demotion or discharge transfer, or a claim that any such employee has been discharged or disciplined without reasonable cause, may be the subject of its employees; a grievance and dealt with as provided. generally to manage the selection operation and undertakings of foremen; the assignment City and scheduling without restricting the generality of work; andthe foregoing to select, the requirement of overtime work install and the determination operation of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devicesplant and machinery which the City in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the operations and undertakings of the City. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by That the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union City agrees that it will not exercise the foregoing functions set out in any way restrict Clause in a manner inconsistent with the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII provisions of this Agreement. The failure That, subject to the City’s rights under Article to create new occupation codes/positions, the City agrees it will not exercise its right to reclassify across new (existing occupation codes/positions without the consent of the Contractor to exercise rights herein reserved to it or employee. (a} That “Service” shall be defined as all regular hours paid at straight time from the exercise date of those rights in a particular way hire. That an employee shall not be deemed a waiver of said rights or achieve “seniority” upon the completion of the Contractor’s right to exercise said rights probationary as defined in some other manner not Article That upon of the probationary period as defined in conflict with Article “service” for the terms purpose of this collective agreement shall be with “seniority” That “seniority date” is the date of hire and is not synonymous with “seniority”. That an “employee” wherever used in this Agreement, shall mean an employee of the City coming within the Recreation Workers’ Unit, ‘formerly referred to as Casuals”. That “regularly scheduled work” is work identified as when program is to be implemented and which can be assigned in advance of the implementation of the program. It also includes work available when an employee is not available due to vacation or other leaves of absence but only when the City ha’s notice of such leave of at least calendar days prior to the commencement of such leave.

MANAGEMENT'S RIGHTS. 13.1 The Contractors retain full Guild recognizes the prerogative of the Employer to operate and exclusive manage its affairs in all respects in accordance with its responsibilities and powers of authority for subject to the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains Agreement. 13.2 The Employer has the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and public safety. 13.3 The parties understand and agree that the determination statements in employees' job descriptions are not an all-inclusive list of when it shall be workedtheir work requirements. No rulesIndividuals may perform other duties as assigned including work in functional areas to cover absences or relief, customs, to equalize peak work periods or practices which limit or restrict productivity, efficiency or otherwise to balance the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. workload. 13.4 Except as otherwise stated in provided herein, the appropriate collective Employer shall decide all questions as to lay-offs, subject to the right of the Guild to request and discuss with the Employer the reason for any layoffs involving bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devicesunit positions. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless Employer and Guild shall bargain over the effects of their sourceany such layoffs on individual employees. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union Employer shall have the right to arbitrate determine reasonable schedules of work and to establish the dispute as set forth methods or processes by which such work is performed in accordance with Article VIII 4 of this Agreement. The failure . 13.5 Any and all rights concerned with management and operation of the Contractor to exercise rights herein reserved to it or the exercise of those rights in a particular way shall not be deemed a waiver of said rights or Police Department are exclusively that of the Contractor’s right to exercise said rights in some other manner not in conflict with City unless otherwise specially provided by the terms of this Agreement. By way of example only, the City has the right to discipline, suspend, or discharge employees for just cause; to assign work and determine job content of employees; to determine the number of personnel to be assigned duty at any time; to determine, introduce new, or revise the methods, processes and means of providing departmental services; to determine the work and shift schedule (in a manner not inconsistent with this Agreement); to establish performance standards and evaluations; to build, move, or modify its facilities; to take any action on any matter in the event of any emergency; and to perform all of the functions not otherwise expressly limited by the Agreement or applicable law. Nothing in this Article shall be interpreted to modify other explicit provisions of this Agreement nor to waive the Guild's right to bargain the "effects" of performance standards and evaluations. 13.6 The City's Personnel Policies shall be applicable to members of the Guild. In the event of any inconsistency between this Agreement and the Policies, this Agreement shall prevail.