Recognition of Management Rights Sample Clauses

Recognition of Management Rights. SECTION 2.01 The Union recognizes that the management of the Cooperative, the direction of the working forces, the determination of the number of employees it will employ, the right to discipline or discharge for just cause, the right to hire, promote, demote or transfer, and to release employees because of lack of work are vested in and reserved by the Cooperative subject, however, to the restrictions and regulations of this Agreement.
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Recognition of Management Rights. The Labor Council hereby recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities; and the powers of authority which the City has not officially abridged, delegated, or modified by this Agreement are retained by the City. The Labor Council further recognizes and agrees that the City has complete authority over the policies and administration of the municipal Service which it exercises under the provision of law and in fulfilling its responsibilities under this Agreement.
Recognition of Management Rights. 3.01 The Union recognizes and acknowledges that all management rights and prerogatives and the direction of the working forces, and the management of the Employer’s enterprise, are vested exclusively with the Employer and without limiting the generality of the forgoing the exclusive functions of the Employer shall include the following: a. to operate and manage its business in every and all respects; b. to maintain order, discipline, efficiency amongst its employees and in connection therewith to establish and enforce reasonable rules, regulations policies and practices from time to time; c. to select, hire, transfer, lay-off recall, promote, demote, classify, assign duties, discharge, suspend, or otherwise discipline employees for just cause, provide that a claim that an employee who has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided: to determine whether vacancies exist and to hire persons to fill vacant positions or newly created positions; d. to have the right to plan, direct and control the work of the employees, the operations of the Employer, and the schedules and procedures of work. This includes the right to introduce new methods, the materials or goods to be used, including the method of operating and control of those materials and goods, facilities, machinery, technology, and equipment, and to direct and control the amount of supervision necessary, to combine or split up departments, work locations, work schedules, and to increase or reduce personnel in any particular area, or in the whole, and the number of employees required for the Employer’s purposes and to reduce or increase hours of work and to determine starting and quitting times; to assign employees to shifts as required; e. to determine the number of shifts, job content and requirements, quality standards, the qualifications of employees; to select and retain employees for positions excluded from the bargaining unit; f. to establish standards of service; to amend or modify standards; to determine new methods to be used; to determine the requirements of a job and the qualifications of an employee to perform the work required. 3.02 The Employer will exercise its management rights in accordance with the Collective Agreement. 3.03 Failure by the Employer to exercise any of its management rights shall not be considered an abandonment of any such rights.
Recognition of Management Rights. 16 The F.O.P. hereby recognizes the prerogative of the City to operate and manage its affairs in all 17 respects in accordance with its responsibilities; and the powers of authority which the City has 18 not officially abridged, delegated, or modified by this Agreement are retained by the City. The
Recognition of Management Rights. It is recognized that areas of responsibility must be reserved to the employer if the City is to effectively serve the public. Except to the extent expressly abridged by a specific provision of this Agreement, it is recognized that the responsibilities of management are exclusively functions to be exercised by the City. By way of illustration and not of limitation, the following are listed as such management functions:
Recognition of Management Rights. It is expressly understood and agreed that all functions, rights, powers or authority of the Board which are not specifically limited by the express language of this Agreement are retained by the Board.
Recognition of Management Rights. The Union recognizes and acknowledges that all management rights and prerogatives and the direction of the working forces, and the management of the Employer’s enterprise, are vested exclusively with the Employer and without limiting the generality of the foregoing the exclusive functions of the Employer shall include the following rights : (a) to operate and manage its business ; (b) to maintain order, discipline, efficiency amongst its employees and in connection therewith to establish and enforce rules, regulations; to amend and introduce new rules, policies and practices from time to time to be observed by its employees, so long as such does not conflict with this Collective Agreement; (c) to hire, retire, transfer, lay-off, recall, promote, demote, classify, assign duties, discharge, suspend,or otherwise discipline employees for just cause, provided that a claim that an employee who has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided; to determine whether vacancies exist and to hire persons to fill vacant positions or newly created positions, so long as such does not conflict with the Collective Agreement.
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Recognition of Management Rights. 5 The Union recognizes the established rights, responsibilities and values of management, and the specific rights of management to hire and discharge or otherwise discipline its employees and to direct the working force subject to the grievance procedure as provided in this Contract.

Related to Recognition of Management Rights

  • RESERVATION OF MANAGEMENT RIGHTS Management of Company and the direction of the working forces are vested solely and exclusively in the Company, and shall not be abridged except by specific restrictions as set forth in this Agreement. The Management Rights, as set out herein, shall not be deemed to exclude the other rights of Management at common law.

  • Termination of Management Agreement Evidence of the termination of any and all management agreements affecting the Property, effective as of the Closing Date, and duly executed by Seller and the property manager.

  • RIGHTS OF MANAGEMENT Any rights of management which are not specifically mentioned in this Agreement and are not contrary to its intention shall continue in full force and effect for the duration of this contract, always provided that in the exercise of the aforementioned management rights there shall be no discrimination.

  • Recognition and Rights of Stewards The Employer recognizes the Union's right to select stewards to represent employees. The Employer and the Union will agree on the number of stewards, taking into account both operational and geographic considerations. The Union agrees to provide the Employer with a list of the employees designated as stewards. A xxxxxxx shall make every effort to perform the duties of a xxxxxxx outside of normal working hours. If this is not possible, a xxxxxxx, or her alternate, shall obtain the permission of her immediate supervisor before leaving her work to perform her duties as a xxxxxxx. Leave for this purpose shall be without loss of pay. Such permission shall not be unreasonably withheld. On resuming her normal duties, the xxxxxxx shall notify her supervisor. The duties of stewards shall include: (a) investigation of complaints of an urgent nature; (b) investigation of grievances and assisting any employee whom the xxxxxxx represents in presenting a grievance in accordance with the grievance procedure; (c) supervision of ballot boxes and other related functions during ratification votes; (d) carrying out duties within the realm of safety responsibilities, these being recognized as complaints of an urgent nature which require immediate attention; (e) attending meetings called by the Employer.

  • MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility. (b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. (c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. (d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole. 3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.

  • Compensation of Manager For the services to be rendered and the facilities to be provided by the Manager hereunder, the Trust shall pay to the Manager from the assets of each Fund a management fee computed daily and paid monthly at an annual rate equal to the lesser of (i) that percentage of that Fund's average daily net assets for the Fund's then-current fiscal year set forth opposite the Fund's name on Schedule A annexed hereto (the "Aggregate Management Fee"), minus that Fund's Aggregate Subadviser Fee (as defined below), if any, and (ii) the difference between that Fund's Aggregate Management Fee for the Fund's then-current fiscal year and the aggregate management fees allocated to that Fund for the Fund's then-current fiscal year from the registered investment company portfolios in which it invests (for which the Manager or an affiliate serves as investment adviser). To the extent that any Fund's Aggregate Subadviser Fee exceeds that Fund's Aggregate Management Fee, the Manager shall pay such amount to the applicable subadvisers on the Fund's behalf. A Fund's Aggregate Subadviser Fee is the aggregate amount payable by that Fund to subadvisers pursuant to agreements between the Trust on behalf of the Fund and the subadvisers. If the Manager provides services hereunder for less than the whole of any period specified in this Section 3, the compensation to the Manager shall be accordingly adjusted and prorated.

  • Termination of Manager If (a) the amounts evidenced by the Note have been accelerated pursuant to Section 8.1(b) hereof, (b) the Manager shall become insolvent, (c) the Manager is in default under the terms of the Management Agreement beyond any applicable grace or cure period, or (d) Manager is not managing the Property in accordance with the management practices of nationally recognized management companies managing similar properties in locations comparable to those of the Property, then, in the case of (a), (b), (c) or (d), Borrower shall, at the request of Lender, terminate the Management Agreement and replace the Manager with a manager reasonably approved by Lender on terms and conditions reasonably satisfactory to Lender, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates. In addition and without limiting the rights of Lender hereunder or under any of the other Loan Documents, in the event that (i) the Management Agreement is terminated, (ii) the Manager no longer manages the Property, or (iii) a receiver, liquidator or trustee shall be appointed for Manager or if Manager shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by or against, consented to, or acquiesced in by, Manager, or if any proceeding for the dissolution or liquidation of Manager shall be instituted, then Borrower (at Borrower's sole cost and expense) shall immediately, in its name, establish new deposit accounts separate from any other Person with a depository satisfactory to Lender into which all Rents and other income from the Property shall be deposited and shall grant Lender a first priority security interest in such account pursuant to documentation satisfactory in form and substance to Lender.

  • Compensation of Managers Except as may be expressly provided for herein or hereafter approved by the Member, no payment will be made by the Company to any Manager for the services of such Manager or any partner or employee of the Manager.

  • Preservation of Existence and Similar Matters Except as otherwise permitted under Section 9.4., the Borrower shall, and shall cause each other Loan Party and each other Subsidiary to, preserve and maintain its respective existence, rights, franchises, licenses and privileges in the jurisdiction of its incorporation or formation and qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification and authorization and where the failure to be so authorized and qualified could reasonably be expected to have a Material Adverse Effect.

  • Assignment of Management Agreement As additional collateral security for the Loan, Borrower conditionally transfers, sets over, and assigns to Lender all of Borrower’s right, title and interest in and to the Management Agreement and all extensions and renewals. This transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, upon a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”), and the failure of Borrower to cure such Event of Default within any applicable grace period.

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