Common use of RESERVATION AND CONTINUATION OF MANAGEMENT FUNCTIONS Clause in Contracts

RESERVATION AND CONTINUATION OF MANAGEMENT FUNCTIONS. ‌ 4.01 The Union recognizes that the management and direction of the working forces are fixed exclusively in the Employer and shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency; (b) hire, assign, discharge, direct, transfer, layoff, recall and suspend or otherwise discipline employees, provided that if an employee claims s/he has been discharged or disciplined without cause, a grievance may be filed and dealt with in accordance with Article 11, Grievance and Arbitration Procedure; (c) determine the materials, facilities and equipment to be used, the specifics of the assigned work, the methods and techniques of work, the standards of performance, the schedules of work and number of personnel to be employed; (d) establish, enforce and alter from time to time rules and regulations to be observed by the employee. 4.02 The Employer shall exercise its discretion in a just, fair, and equitable manner. 4.03 By September 1 of each year, the Employer shall provide a workshop on the provisions of this Collective Agreement to persons designated by the Department, School, or Faculty who administer the Collective Agreement. The Employer shall consult with the union through the Joint Labour/Management Committee as to what topics may be appropriate to emphasize in the workshop. Persons designated by the Department, School, or Faculty shall be required to attend this workshop on an annual basis during the life of this Collective Agreement. Course supervisors shall be encouraged to attend this workshop. 4.04 In consultation with the Union, the Employer will maintain relevant training materials and guides, including but not limited to the Duties Specification Agreement and Administration of Overtime provision guides.

RESERVATION AND CONTINUATION OF MANAGEMENT FUNCTIONS. ‌ 4.01 B.01 The Union recognizes that the management of Baycrest and the direction of the working forces are fixed exclusively in the Employer Baycrest, and shall remain solely with the Employer Baycrest, except as specifically limited by the express provisions of this Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer Baycrest to: (a) maintain order, 1. Maintain order discipline and efficiency; (b) hire2. Hire, assign, retire, discharge, direct, promote, demote, classify, transfer, layoff, recall and suspend or otherwise discipline employeesnurses, provided that if an employee claims s/he has been discharged a claim of discharge, suspension or disciplined discipline without cause, just cause may be the subject of a grievance may be filed and dealt with as hereinafter provided. 3. Determine in accordance with Article 11the interest of efficient operation and highest standard of service, Grievance and Arbitration Procedure; (c) determine job rating or classifications, work assignment, methods of doing the materials, facilities and equipment to be used, the specifics of the assigned work, the methods working establishment for the service and techniques the hours of work, . It being agreed that the standards management policies of performance, Baycrest shall not be inconsistent with the schedules agreed upon hours of work as specifically set out elsewhere in this Agreement. 4. Generally to manage the operation that Baycrest is engaged in, and without restricting the generality of the foregoing, to determine the number of personnel required, the services to be employed; (d) establishperformed and the method, enforce procedures and alter from time to time rules and regulations to be observed by the employeeequipment in connection therewith. 4.02 The Employer shall exercise its discretion in B.02 In order for a justrule or regulation, fair, unilaterally introduced by Baycrest and equitable manner. 4.03 By September 1 of each year, the Employer shall provide a workshop on the provisions of this Collective Agreement not subsequently agreed to persons designated by the Department, School, or Faculty who administer the Collective Agreement. The Employer shall consult with the union through the Joint Labour/Management Committee as to what topics may be appropriate to emphasize in the workshop. Persons designated by the Department, School, or Faculty shall be required to attend this workshop on an annual basis during the life of this Collective Agreement. Course supervisors shall be encouraged to attend this workshop. 4.04 In consultation with the Union, to be enforced, it must satisfy the Employer will maintain relevant training materials following requisites: 1. It must not be inconsistent with the collective agreement. 2. It must not be unreasonable. 3. It must be clear and guides, including but not limited unequivocal. 4. It must be brought to the Duties Specification Agreement and Administration attention of Overtime provision guidesthe nurses before it can be enforced. 5. The employee concerned must have been notified that a breach of such rule could result in discharge if the rule is used as a foundation for discharge. 6. Such rule should have been consistently enforced by Baycrest from the time it was introduced.

RESERVATION AND CONTINUATION OF MANAGEMENT FUNCTIONS. ‌ 4.01 2.01 The Union recognizes that the management and direction of the working forces are fixed exclusively in the Employer and shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency; (b) hire, assign, retire, discharge, direct, promote, demote, classify, transfer, layoff, recall and suspend or otherwise discipline employeesmembers, provided that if a temporary employee whose seniority exceeds 1040 hours, a part‐time employee whose seniority exceeds 1040 hours, or an employee claims she/he she has been discharged or disciplined without cause, a grievance may be filed and dealt with in accordance with Article 11, the Grievance and Arbitration Procedure; (c) layoff and recall, provided that any member claims he/she has been improperly laid off or recalled, a grievance may be filed and dealt with in accordance with the Grievance Procedure; (d) determine the materials, facilities machinery and equipment to be used, the specifics of the assigned work, the methods and techniques of work, the standards of performance, the schedules of work and number of personnel to be employed; (de) establish, enforce and alter from time to time rules and regulations to be observed by the employeemembers. Members will not be disciplined unless they have either been informed orally or in writing of these rules and regulations or ought reasonably to know these rules and regulations. 4.02 2.02 The Employer shall Employer's right to exercise its discretion the management function in a just, fair, and equitable manner. 4.03 By September 1 of each year, the Employer shall provide a workshop on this Article is subject to the provisions of this Collective Agreement to persons designated by the Department, School, or Faculty who administer the Collective Agreement. . 2.03 The Employer shall consult and the Union agree that in accordance with the union through Ontario Human Rights Code, there shall be no discrimination or harassment in the Joint Labour/Management Committee as to what topics application of the provisions of this Agreement because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, handicap or any other prohibited grounds that may be appropriate to emphasize established in the workshop. Persons designated by Code. 2.04 The Employer and the Department, School, or Faculty Union agree that there shall be required to attend this workshop on an annual basis during no discrimination in the life application of the provisions of this Collective Agreement. Course supervisors shall be encouraged to attend this workshop. 4.04 In consultation with Agreement by reason of the member's membership/non‐ membership or activity/non‐activity in the Union, or by the Employer will maintain relevant training materials and guides, including but not limited to the Duties Specification Agreement and Administration member's exercise of Overtime any provision guidesor right under this Agreement.

RESERVATION AND CONTINUATION OF MANAGEMENT FUNCTIONS. ‌ 4.01 B.01 The Union recognizes that the management of Baycrest and the direction of the working forces are fixed exclusively in the Employer Baycrest, and shall remain solely with the Employer Baycrest, except as specifically limited by the express provisions of this Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer Baycrest to: (a) maintain order, 1. Maintain order discipline and efficiency; (b) hire2. Hire, assign, retire, discharge, direct, promote, demote, classify, transfer, layoff, recall and suspend or otherwise discipline employeesnurses, provided that if an employee claims s/he has been discharged a claim of discharge, suspension or disciplined discipline without cause, just cause may be the subject of a grievance may be filed and dealt with as hereinafter provided. 3. Determine in accordance with Article 11the interest of efficient operation and highest standard of service, Grievance and Arbitration Procedure; (c) determine job rating or classifications, work assignment, methods of doing the materials, facilities and equipment to be used, the specifics of the assigned work, the methods working establishment for the service and techniques the hours of work, . It being agreed that the standards management policies of performance, Baycrest shall not be inconsistent with the schedules agreed upon hours of work as specifically set out elsewhere in this Agreement. 4. Generally to manage the operation that Baycrest is engaged in, and without restricting the generality of the foregoing, to determine the number of personnel required, the services to be employed; (d) establishperformed and the method, enforce procedures and alter from time to time rules and regulations to be observed by the employeeequipment in connection therewith. 4.02 The Employer shall exercise its discretion in B.02 In order for a justrule or regulation, fair, unilaterally introduced by Baycrest and equitable manner. 4.03 By September 1 of each year, the Employer shall provide a workshop on the provisions of this Collective Agreement not subsequently agreed to persons designated by the Department, School, or Faculty who administer the Collective Agreement. The Employer shall consult with the union through the Joint Labour/Management Committee as to what topics may be appropriate to emphasize in the workshop. Persons designated by the Department, School, or Faculty shall be required to attend this workshop on an annual basis during the life of this Collective Agreement. Course supervisors shall be encouraged to attend this workshop. 4.04 In consultation with the Union, to be enforced, it must satisfy the Employer will maintain relevant training materials following requisites: 1. It must not be inconsistent with the collective agreement. 2. It must not be unreasonable. 3. It must be clear and guides, including but not limited unequivocal. 4. It must be brought to the Duties Specification Agreement attention of the nurses before it can be enforced. 5. The employee concerned must have been notified that a breach of such rule could result in discharge if the rule is used as a foundation for discharge. 6. Such rule should have been consistently enforced by Baycrest from the time it was introduced. B.03 The parties agree that any unsuccessful candidate for an ONA job posting will be notified, in writing, within one (1) week of the decision being made and Administration prior to the posting of Overtime provision guidesthe name of the successful candidate. The parties further agree that the above notification will be copied to the ONA Bargaining Unit President.

RESERVATION AND CONTINUATION OF MANAGEMENT FUNCTIONS. ‌ 4.01 2.01 The Union recognizes that the management and direction of the working forces are fixed exclusively in the Employer and shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency; (b) hire, assign, retire, discharge, direct, promote, demote, classify, transfer, layoff, recall and suspend or otherwise discipline employeesmembers, provided that if a temporary employee whose seniority exceeds 1040 hours, a part-time employee whose seniority exceeds 1040 hours, or an employee claims she/he she has been discharged or disciplined without cause, a grievance may be filed and dealt with in accordance with Article 11, the Grievance and Arbitration Procedure; (c) layoff and recall, provided that any member claims he/she has been improperly laid off or recalled, a grievance may be filed and dealt with in accordance with the Grievance Procedure; (d) determine the materials, facilities machinery and equipment to be used, the specifics of the assigned work, the methods and techniques of work, the standards of performance, the schedules of work and number of personnel to be employed; (de) establish, enforce and alter from time to time rules and regulations to be observed by the employeemembers. Members will not be disciplined unless they have either been informed orally or in writing of these rules and regulations or ought reasonably to know these rules and regulations. 4.02 2.02 The Employer's right to exercise the management function in 2.03 The Employer and the Union agree that in accordance with the Ontario Human Rights Code, there shall exercise its discretion be no discrimination or harassment in a just, fair, and equitable manner. 4.03 By September 1 the application of each year, the Employer shall provide a workshop on the provisions of this Collective Agreement to persons designated by because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, handicap or any other prohibited grounds that may be established in the Department, School, or Faculty who administer the Collective Agreement. Code. 2.04 The Employer and the Union agree that there shall consult with the union through the Joint Labour/Management Committee as to what topics may be appropriate to emphasize no discrimination in the workshop. Persons designated by application of the Department, School, or Faculty shall be required to attend this workshop on an annual basis during the life provisions of this Collective Agreement. Course supervisors shall be encouraged to attend this workshop. 4.04 In consultation with Agreement by reason of the member's membership/non­ membership or activity/non-activity in the Union, or by the Employer will maintain relevant training materials and guides, including but not limited to the Duties Specification Agreement and Administration member's exercise of Overtime any provision guidesor right under this Agreement.