Common use of Public Employer Rights Clause in Contracts

Public Employer Rights. Consistent with this Agreement, the Public Employer shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign, and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments and personnel by which the Public Employer’s operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the Public Employer. 8. Initiate, prepare, certify, and administer its budget. 9. Exercise all powers and duties granted to the Public Employer by law. 1. Use school facilities for general union meetings contingent upon receipt of approval from the Office of the Superintendent. 2. Hold union meetings in school buildings contingent upon receipt of approval from the Office of the Building Principal. 3. Distribute Union material through the school messenger service, building mailboxes and electronic communication. 4. Post notices of activities and matters of Union concern on bulletin boards customarily used for the posting of information to employees and as designated by the Employer. 5. The Union president shall receive a list of new employees upon hiring and their place of work. The district will be responsible for providing a contract book and a list of union representatives to each new employee. (Note: the Union will be responsible for maintaining the list of representatives provided to the District.) 6. When the Union is invited to participate on District committees, the Union shall appoint its representative.

Public Employer Rights. Consistent with this Agreement, the Public Employer shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign, and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments assignments, and personnel by which the Public Employer’s operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the Public Employer. 8. Initiate, prepare, certify, and administer its budget. 9. Exercise all powers and duties granted to the Public Employer by law.. The Union and its members shall have the right to: 1. Use school facilities for general union Union meetings contingent upon receipt of approval from the Office of the Superintendent. 2. Hold union Union meetings in school buildings contingent upon receipt of approval from the Office of the Building Principal. 3. Distribute Union material through the school messenger service, building mailboxes and electronic communication. 4. Post notices of activities and matters of Union concern on bulletin boards customarily used for the posting of information to employees and as designated by the Employer.. 3 5. The Union president shall receive a list of new employees upon hiring and their place of work. The district will be responsible for providing a contract book and a list of union representatives to each new employee. (Note: the Union will be responsible for maintaining the list of representatives provided to the Districtdistrict.) 6. When the Union is invited to participate on District committees, the Union shall appoint its representative.

Public Employer Rights. Consistent with this Agreement, the Public Employer shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign, and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments assignments, and personnel by which the Public Employer’s operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the Public Employer. 8. Initiate, prepare, certify, and administer its budget. 9. Exercise all powers and duties granted to the Public Employer by law.. The Union and its members shall have the right to: 1. Use school facilities for general union Union meetings contingent upon receipt of approval from the Office of the Superintendent. 2. Hold union Union meetings in school buildings contingent upon receipt of approval from the Office of the Building Principal. 3. Distribute Union material through the school messenger service, building mailboxes and electronic communication. 4. Post notices of activities and matters of Union concern on bulletin boards customarily used for the posting of information to employees and as designated by the Employer.. 8 5. The Union president shall receive a list of new employees upon hiring and their place of work. The district will be responsible for providing a contract book and a list of union representatives to each new employee. (Note: the Union will be responsible for maintaining the list of representatives provided to the Districtdistrict.) 6. When the Union is invited to participate on District committees, the Union shall appoint its representative.

Public Employer Rights. Consistent with this Agreement, the Public Employer shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign, and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments assignments, and personnel by which the Public Employer’s operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the Public Employer. 8. Initiate, prepare, certify, and administer its budget. 9. Exercise all powers and duties granted to the Public Employer by law.. The Union and its members shall have the right to: 1. Use school facilities for general union Union meetings contingent upon receipt of approval from the Office of the Superintendent. 2. Hold union Union meetings in school buildings contingent upon receipt of approval from the Office of the Building Principal. 3. Distribute Union material through the school messenger service, building mailboxes and electronic communication. 4. Post notices of activities and matters of Union concern on bulletin boards customarily used for the posting of information to employees and as designated by the Employer. 5. The AFSCME Council 61 Union president Representative and Local 2048 Union President shall receive a list of new employees upon hiring and their place of work. The district will be responsible for providing a contract book and a list of union representatives to each new employee. (Note: the Union will be responsible for maintaining the list of representatives provided to the Districtdistrict.) 6. When the Union is invited to participate on District committees, the Union shall appoint its representative.

Public Employer Rights. Consistent with this Agreement, the Public Employer shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign, and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments assignments, and personnel by which the Public Employer’s operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the Public Employer. 8. Initiate, prepare, certify, and administer its budget. 9. Exercise all powers and duties granted to the Public Employer by law.. The Union and its members shall have the right to: 1. Use school facilities for general union Union meetings contingent upon receipt of approval from the Office of the Superintendent. 2. Hold union Union meetings in school buildings contingent upon receipt of approval from the Office of the Building Principal. 3. Distribute Union material through the school messenger service, building mailboxes and electronic communication. 4. Post notices of activities and matters of Union concern on bulletin boards customarily used for the posting of information to employees and as designated by the Employer. 5. The Union president shall receive a list of new employees upon hiring and their place of work. The district will be responsible for providing a contract book and a list of union representatives to each new employee. (Note: the Union will be responsible for maintaining the list of representatives provided to the Districtdistrict.) 6. When the Union is invited to participate on District committees, the Union shall appoint its representative.

Public Employer Rights. Consistent with this Agreement, the Public Employer shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign, and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments assignments, and personnel by which the Public Employer’s operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the Public Employer. 8. Initiate, prepare, certify, and administer its budget. 9. Exercise all powers and duties granted to the Public Employer by law.. The Union and its members shall have the right to: 1. Use school facilities for general union Union meetings contingent upon receipt of approval from the Office of the Superintendent. 2. Hold union Union meetings in school buildings contingent upon receipt of approval from the Office of the Building Principal. 3. Distribute Union material through the school messenger service, building mailboxes and electronic communication. 4. Post notices of activities and matters of Union concern on bulletin boards customarily used for the posting of information to employees and as designated by the Employer. 5. The Union president shall receive a list of new employees upon hiring and their place of work. The district will be responsible for providing a contract book and a list of union representatives to each new employee. (Note: the Union will be responsible for maintaining the list of representatives provided to the Districtdistrict.) 6) This Agreement supersedes and cancels all previous collective bargaining agreements between the Employer and the Union, unless expressly stated to the contrary herein, and constitutes the entire Agreement between the parties, and concludes collective bargaining for its term. When The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject identified as bargainable under Section 9 of the Public Employment Relations Act, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in, this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. The only exception is in the event that any provision of this Agreement shall become void or illegal during the term of the Agreement such provision shall become inoperative, but all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Union is invited agree to participate meet at the earliest possible mutually agreeable time (within 30 days) for the purpose of negotiations to replace void or illegal provisions. In the event the parties do not reach mutual agreement on District committeesa provision to replace the specific provision determined to have become void or illegal within fifteen (15) days following the beginning of negotiations, the Union shall appoint its representativehave the right to then, within 14 calendar days, request arbitration and notify the Employer of such request. The arbitration proceeding shall be conducted by an arbitrator selected by the Union and the Employer. If they cannot agree, the Public Employee Relation Board will be asked to supply a list of seven names. The Employer and the Union will alternately strike names. The first party to strike shall be determined by lot. The remaining name shall be the arbitrator. The arbitrator, in his/her opinion, shall be limited to deciding upon either the Employer’s or the Union’s final offer as to which is the most appropriate amendment for the specific provision that had become void or illegal. The decision of the arbitrator will be binding on both parties. Expenses for the arbitrator’s services shall be borne equally by the Employer and the Union.