Managerial Prerogative. Nothing contained in this Article shall be construed as conferring any right by an employee to invoke the grievance procedure and/or binding arbitration with respect to a disciplinary penalty or any other matter which has been determined by law to be within the sphere of managerial prerogative.
Managerial Prerogative. The City and the Association agree that the management officials of the City possess the sole right to operate the City and the Department and that all management rights remain with City officials. These rights include, but are not limited to, the following:
1. The right to direct its employees;
2. The right to hire, direct, transfer, assign, promote, classify, suspend, demote, discharge, or take disciplinary action against any employee except when assignment or transfer is done as a part of disciplinary action;
3. The right to maintain the efficiency of its governmental operations;
4. The right to relieve any employee from duty because of lack of work, or lack of funds, subject to the Reduction in Force Article in this Agreement;
5. The right to determine appropriate staffing levels and work performance standards, except for employee safety considerations;
6. The right to determine the content of the work day including, without limitation, work load factors, except for employee safety considerations;
7. The right to determine quality and quantity of services to offer to the public, and the means and methods of offering those services;
8. The rights to issue, amend, or revise policies, rules, regulations, and practices legitimately necessary to carry out all managerial and administrative prerogatives, not in conflict with the express provisions of this agreement.
9. The right to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as riot, military action, natural disaster or a civil disorder. Such actions may include the suspension of any collective bargaining agreement for the duration of the emergency.
