Common use of RESERVATION OF MANAGEMENT RIGHTS Clause in Contracts

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, and in connection therewith; to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, or recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his their probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the management of the operations and authority the University had prior to signing direction of the first Agreement working forces are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made fixed exclusively in the future, Employer and without limiting the generality of the foregoing, foregoing the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) . The Employer shall notify the Union in advance before implementing any new rules or regulations. select, hire, transfer, assign to shifts, promote, demote, classify, appointrelieve employees from duty because of lack of work or other legitimate reasons, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) ; operate and manage the University business in all respects in accordance with the UniversityEmployer's commitments, obligations and responsibilities including the right to determine the number and location of the UniversityEmployer's establishments and their expansion or curtailment; , direction of the work force, subcontracting of work, schedules of operations, products and services to be rendered, process and means of production, methods, techniquestools, work procedures, quality and quantity standards, and locations of equipment and machinery to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinationsstudy or introduce new or improved production methods or facilities; decide the number and type of employees needed by the University Employer at any time, number of hours to be worked, number of shifts, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his probationary period may be discharged without cause procedures and at customer relations. Without limiting the sole discretion general right of the University.Employer to discharge employees, it is expressly understood and agreed that any of the following causes shall be conclusively deemed to be sufficient cause for proper discharge of an employee; drunkenness, absence without leave, disclosure of information pertaining to the Employer's business, consuming liquors or illicit drugs while on duty or 4.03 e) Except to the extent expressly abridged or modified by a specific provision of this Agreement, the Employer reserves and retains rights, powers, and authority to manage its in all respects. The University Employer agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, and in connection therewith; to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause provided that a claim by an employee who has acquired seniority that he has they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, off or recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his their probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 6.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the management of the operations and authority the University had prior to signing direction of the first Agreement working forces are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made fixed exclusively in the future, Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and reasonable rules, regulations, policies and practices procedures to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause employees, provided that that, subject to 6.06, a claim by an employee who has acquired seniority successfully completed the probationary period that he has been unjustly disciplined or discharged discharged, may be the subject matter of a grievance complaint and dealt with as hereinafter provided;. The Employer shall provide the Union with a copy of the rules, regulations, policies and procedures, which are made or altered from time to time. Additionally, the Employer shall provide the Union with reasonable advance notice of the establishment of new regulations or amendments to regulations, as they occur. The Union shall be given the opportunity to discuss these matters with the Employer prior to implementation, provided such regulations are not Government requirements over which the Employer may have no control. (b) select, hire, transfer, assign to shifts, promote, demote, classify, appoint, lay lay-off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) require medical examinations at any time; (d) operate and manage the University transit system in all respects in accordance with the UniversityEmployer's commitments, obligations and responsibilities including the right to determine the number and location of the UniversityEmployer's establishments and their expansion or curtailment; , direction of the work force, subcontracting of work, schedules of operations, methodsnumber of shifts, techniquesservices to be rendered, work procedures, quality and quantity standards, kinds and locations of equipment and machinery to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees employee needed by the University Employer at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting proceduresaccount procedures and customer relations. 4.02 An (a) The Union shall co-operate with the Employer such that the Employer may meet its obligation to provide the services required by new and existing contracts it has undertaken, which may from time to time require additions, deletions or alterations to its transit services on short notice. (b) Additionally, the Union agrees to co-operate fully in the implementation of rules and regulations that may be put into place as a result of or made necessary by any contracts undertaken or about to be undertaken for the operation of transit services. (c) The Union agrees to do nothing which would violate any contractual obligations between the Employer and its customers. 6.03 The Employer shall have the right to summarily discharge an employee upon proof of any of the following grounds: (i) theft; (ii) being under the influence or in possession of liquor or illegal drugs while on duty; (iii) fighting or any physical altercation while on duty or on Employer premises; (iv) deliberate tampering, sabotage or destruction of Employer property; (v) dishonesty including deliberately providing false information or false documents or falsifying Employer records; (vi) direct or deliberate refusal to follow direction or policy from a supervisor; (vii) the Employer's insurers refuse to insure an employee or continue to insure him; (viii) possession of firearms while on duty or on Employer premises. (a) The Employer agrees to inform the employee in a timely manner of any concern with regard to the employee’s work which may lead to discipline. The employee may request Union representation at a meeting which may lead to discipline. (b) The Parties agree that the Employer has the right to suspend, without notice, any employee who has not completed his probationary period may be discharged without cause and at the sole discretion disregarded any regulations or rules of the UniversityEmployer or any Provincial or Federal Law. 4.03 6.05 The University Employer agrees that it will not exercise its functions in Article 4 – 6 - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 6.06 An employee who has not completed his probationary period may be discharged at the discretion of the Employer provided the employer does not act in bad faith or in a manner that is arbitrary or discriminatory. 6.07 Failure by the Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 3.01 The Union agrees acknowledges that the management of the operations and the direction of the working forces are fixed exclusively in the Employer, therefore all rights, prerogatives and authority the University had prior to signing the first Agreement rights are retained by the University Employer except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, Agreement and without limiting the generality of the foregoing, foregoing the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, 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; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause employees, provided that a claim by an employee who has acquired seniority that he has been unjustly laid off or has not been recalled from layoff or has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, test, transfer, assign to shifts, promote, demote, classify, appointreclassify, lay lay-off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University business in all respects in accordance with the Universitylaw and the Employer's commitments, obligations and responsibilities including the right to determine determine: the nature and kind of business conducted, the number and location of the UniversityEmployer's establishments and their expansion or curtailment; curtailment in whole or in part, direction of the work force, subcontracting of work, schedules of operations, services to be rendered, methods, tools, techniques, work procedures, introduce labour-saving devices, new and improved methods, procedures, equipment and facilities; purchase supplies, equipment, materials, merchandise and services from any source acceptable to the Employer; contract out work; set quality and quantity standards, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classificationsclassifications or departments, determine the standards of performance required, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees employee needed by the University Employer at any time; to reduce the work force, number of hours to be workedworked including reduction of working hours within the organization, department or job by day or week or any other periods, starting and quitting times, when overtime shall be worked worked; determine (d) Without limiting the general right of the Employer to discharge employees, it is expressly understood and require employees agreed that the specific penalty shall be discharge for the following infractions: disclosure of confidential information pertaining to the Employer's, resident’s or client’s business; reporting to work overtimeunder the influence of or consuming intoxicating liquors or illicit drugs while on duty; determine financial policiestheft or aiding in the commission of theft or removal of property from the Employer, including general accounting resident or clients without proper authorization; abuse of a resident or client; deliberate tampering, sabotage or destruction of Employer’s or client’s property or procedures; fighting or any other altercation on Employer premises or during working hours; insubordination or failure to carry out a work instruction, it being understood that an employee will be entitled to refuse to carry out unsafe work instructions. 4.02 3.02 The foregoing enumeration of management's rights shall not be deemed to exclude other functions not specifically set forth, the Employer therefore retaining all rights not otherwise specifically and expressly covered in this Agreement. 3.03 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the UniversityEmployer. 4.03 3.04 The University Employer agrees that it will not exercise its functions function in Article 4 – 3 - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 3.05 Failure to exercise any of its management rights at any time anytime shall not be considered to be an abandonment of such rightsrights and shall not create an estoppel. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Except as otherwise abridged by specific provisions in this agreement, the Union agrees acknowledges that the Employer shall be entitled to exercise all rightsthe usual rights and functions of management, prerogatives and authority provided nothing herein shall restrict the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality rights of the foregoingparties pursuant to the Canada Labour Code. Without limiting said rights of the Employer, the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain Maintain order, discipline and efficiency, efficiency and in connection therewith; therewith to make, make alter and enforce from time to time reasonable rules and regulations, policies and practices procedures to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; , discipline or discharge employees for cause just cause, provided that a claim by for unjust discipline or termination of an employee who has acquired seniority that he has been unjustly disciplined or discharged completed their Probationary Period may be the subject matter of a grievance and dealt with as hereinafter providedprocedures; (b) selectSelect, hire, transfer, assign to shifts, schedule vacations, promote, demote, classify, appoint, lay lay-off, recall or retire employees employees, and select employees for positions excluded from the bargaining unit; (c) operate Require reasonable medical examinations and tests to be performed by a medical practitioner satisfactory to the Employer, if the employer has reasonable safety concerns; (d) Operate and manage the University transit system in all respects in accordance with the University's Employers commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments operations, and their expansion or their curtailment; , direction of the work working force, subcontracting of work, schedules of operations, methodsthe number of shifts, techniquesservices to be rendered, work procedures, quality and quantity standards; , kinds and locations of equipment and machinery to be used at any time. The Employer to determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of for an employee to perform any particular job; require employees to have medical examinations; , decide the number and type of employees employee needed by the University Employer at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting proceduresworked. 4.02 (a) The Union shall co-operate with the Employer such that the Employer may meet its obligation to provide the services required by new and existing contracts it has undertaken, which may from time to time require additions, deletions or alterations to its transit services on short notice. (b) Additionally, the Union agrees to co-operate fully in the implementation of rules and regulations that may be put into place as a result of or made necessary by any contracts undertaken or about to be undertaken for the operation of transit services. (c) The Union and the employees agree to do nothing that would violate any contractual obligations between the Employer and its customers. 4.03 The following shall be deemed to be just cause for termination and the penalty of termination shall not be subject to modification by an arbitrator or arbitration board: (i) Removing from the Employer’s premises, without proper authorization, property of the Employer, its customers or other employees which shall include the removal of records or other materials; (ii) Bringing illicit drugs or unsealed bottles of intoxicating beverages onto the Employer’s premises or property or being under the influence or in possession of liquor or illicit drugs while on duty; (iii) Fighting, physical assault or physical-intimidation towards supervisors, other employees, customers or suppliers; (iv) Deliberate tampering, sabotage or destruction of Employer, customer or other employee property; (v) The Employer’s insurers refuse to insure an employee or continue to insure him/her; (vi) Deliberately providing false information or false documents or falsifying Employer records; 4.04 Depending upon the circumstances, the Union and the Employer agree that offences in addition to those listed in Article 4.03 may be just cause for an employee’s termination. 4.05 For purposes of subsection 60(2) of the Canada Labour Code, the penalties provided in this Agreement are specific penalties. 4.06 Where an employee has been terminated pursuant to Article 4.03, the employee may file a grievance, but such grievance shall be limited to contesting whether or not the employee committed the offence upon which the Employer relied in discharging the employee. 4.07 The Parties agree that the Employer has the right to suspend, without notice, any employee who has disregarded any regulations or rules of the Employer or the City of Barrie or any Provincial or Federal Law but nothing prevents further disciplinary action in such circumstances up to and including termination. 4.08 An employee who has not completed his his/her probationary period may be discharged without cause and at the sole discretion of the UniversityEmployer. 4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent with 4.09 Failure by the express provisions of this Agreement. 4.04 Failure Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, foregoing the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. ‌ 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the management of the operations and authority the University had prior to signing direction of the first Agreement working forces are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made fixed exclusively in the future, Employer and without limiting the generality of the foregoing, fore going the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, efficiency and in connection therewiththere with; to make, alter and enforce from time to time rules rules, regulations and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided;. (b) select, hire, transfer, assign to shifts, promote, demote, classify, appointrelieve employees from duty because of lack of work or other legitimate reasons, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit;. (c) operate and manage the University business in all respects in accordance with the UniversityEmployer's commitments, obligations and responsibilities including the right to determine the number and location of the UniversityEmployer's establishments and their expansion or curtailment; , direction of the work force, subcontracting of work, schedules of operations, products and services to be rendered, process and means of production, methods, techniquestools, work procedures, quality and quantity standards, kinds and locations of equipment and machinery to be used at any time, selection and use of materials required by the Employer; determine job contentcontent within job classifications, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinationsstudy or introduce new or improved production methods or facilities; decide the number and type of employees needed by the University Employer at any time, number of hours to be worked, number of shifts, starting and quitting times, when overtime shall be worked and require employees to work declare overtime; , determine financial policies, including general accounting proceduresprocedures and customer relations. d) without limiting the general right of the Employer to discharge an employee, it is expressly understood and agreed that any of the following causes shall be conclusively deemed to be sufficient cause for proper discharge of an employee; absence without justification satisfactory to the Employer, disclosure of confidential information pertaining to the Employer's business, consuming intoxicating liquors or illicit drugs while on duty or on the employer’s premises or theft. An employee may grieve such discharge. e) except to the extent expressly abridged or modified by a specific provision of this Agreement, the Employer reserves and retains all rights, powers, and authority to manage its business in all respects. 4.02 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the UniversityEmployer. The termination of a probationary employee will not be subject to the grievance or arbitration procedure contained in this Agreement unless the termination is a violation of the Human Rights Code. 4.03 The University Employer agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 6.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the Management of the operations and authority the University had prior to signing direction of the first Agreement working forces are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made fixed exclusively in the future, employer and without limiting the generality of the foregoing, foregoing the Union acknowledges that it is the exclusive function of the University Company to: (a) maintain Maintain order, discipline and efficiency, 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; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause just cause, provided that a claim by an employee who has acquired seniority that he he/she has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided;. (b) selectSelect, hire, transfer, assign to shifts, promote, demote, classify, appoint, lay off, or recall or retire employees and select employees for positions excluded from the bargaining unit;. (c) operate Establish and administer tests for the purpose of assisting the employer in determining an employee’s qualifications as a driver, and require medical examinations annually or after occupational or non- occupational absence due to sickness or injury. d) Operate and manage the University business in all respects in accordance with the University's employer’s commitments, obligations and responsibilities including the right to determine the number and location of the University's employer’s establishments and their expansion or curtailment; , direction of the work force, subcontracting of work, schedules of operations, number of shifts, shifts, services to be rendered, methods, techniquesprocesses and means of operation, work procedures, quality and quantity standards, kinds and location of equipment, machinery and vehicles to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or of job assignments, change, combine combine, or abolish job classifications, classifications and qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University Employer at any time, number of hours to be worked, starting and quitting timestime, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures, user and public relations. 4.02 An employee who has not completed his probationary period may 6.02 Management rights as set out in this Agreement must be discharged exercised fairly without cause discrimination and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent accordance with the express provisions of this Agreementcollective agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 5.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the management of the operations and authority the University had prior to signing direction of the first Agreement working forces are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made fixed exclusively in the future, Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and reasonable rules, regulations, policies and practices procedures to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause employees, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged discharged, may be the subject matter of a grievance complaint and dealt with as hereinafter provided;. The Employer shall provide the Union with a copy of the rules, regulations, policies and procedures, which are made or altered from time to time. Additionally, the Employer shall provide the Union with reasonable advance notice of the establishment of new regulations or amendments to regulations, as they occur. The Union shall be given the opportunity to discuss these matters with the Employer prior to implementation, provided such regulations are not Government requirements over which the Employer may have no control. (b) select, hire, transfer, assign to shifts, promote, demote, classify, appoint, lay lay-off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) require medical examinations at any time; (d) operate and manage the University transit system in all respects in accordance with the UniversityEmployer's commitments, obligations and responsibilities including the right to determine the number and location of the UniversityEmployer's establishments and their expansion or curtailment; , direction of the work force, subcontracting of work, schedules of operations, methodsnumber of shifts, techniquesservices to be rendered, work procedures, quality and quantity standards, kinds and locations of equipment and machinery to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees employee needed by the University Employer at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting proceduresaccount procedures and customer relations. 4.02 (a) The Union shall co-operate with the Employer such that the Employer may meet its obligation to provide the services required by new and existing contracts it has undertaken, which may from time to time require additions, deletions or alterations to its transit services on short notice. (b) Additionally, the Union agrees to co-operate fully in the implementation of rules and regulations that may be put into place as a result of or made necessary by any contracts undertaken or about to be undertaken for the operation of transit services. (c) The Union agrees to do nothing which would violate any contractual obligations between the Employer and its customers. 5.03 The Employer shall have the right to summarily discharge an employee upon proof of any of the following grounds: (i) theft; (ii) being under the influence or in possession of liquor or illegal drugs while on duty; (iii) fighting or any physical altercation while on duty or on Employer premises; (iv) deliberate tampering, sabotage or destruction of Employer property; (v) dishonesty including deliberately providing false information or false documents or falsifying Employer records; (vi) direct or deliberate refusal to follow direction or policy from a supervisor; (vii) the Employer's insurers refuse to insure an employee or continue to insure him. (a) The Parties agree that the Employer has the right to suspend, without notice, any employee who has disregarded any regulations or rules of the Employer or any Provincial or Federal Law. In these cases an investigation will be held without delay by both parties to determine the facts. Both parties agree that this section is for the purpose of preventing an employee, who is in clear violation of Employer rules and regulations or Governmental laws, from continuing work or reporting for work. (b) Other than in (a) above, the Employer shall notify the Union in the event it contemplates discipline of an employee and the Employer agrees that no employee covered by this Agreement shall be disciplined or dismissed from the Employer's service, until a full investigation is held. At any such investigation the employee will be entitled to be represented by a Representative of the Union. 5.05 The Employer agrees that it will not exercise its functions in Article 5 - Reservation of Management Rights, in a manner inconsistent with the express provisions of this Agreement. 5.06 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the UniversityEmployer. 4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent with 5.07 Failure by the express provisions of this Agreement. 4.04 Failure Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. ‌ 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, and in connection therewith; to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause provided that a claim by an employee who has acquired seniority that he has they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, off or recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his their probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the management of the operations and authority the University had prior to signing direction of the first Agreement working forces are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made fixed exclusively in the futureEmployer, and without limiting the generality of the foregoing, foregoing the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided;. (b) select, hire, transfer, assign to shifts, promote, demote, classify, appointrelieve employees from duty because of lack of work or other legitimate reasons, lay off, off or recall or retire employees and select employees for positions excluded from the bargaining unit;. (c) operate and manage the University business in all respects in accordance with the University's Employer’s commitments, obligations and responsibilities including the right to determine the number and location of the University's Employer’s establishments and their expansion or curtailment; , direction of the work force, subcontracting of work, schedules of operations, products and services to be rendered, process and means of production, methods, techniquestools, work procedures, quality and quantity standards, kinds and locations of equipment and machinery to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, determine qualifications of an employee to perform any particular job; require employees to have medical examinationsstudy or introduce new or improved production methods or facilities; decide the number and type of employees needed by the University Employer at any time, number of hours to be worked, number of shifts, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting proceduresprocedures and customer relations. d) Without limiting the general right of the Employer to discharge employees, it is expressly understood and agreed that any of the following causes shall be conclusively deemed to be sufficient cause for proper discharge of an employee; drunkenness, absence without leave, disclosure of confidential information pertaining to the Employer’s business, consuming intoxicating liquors or illicit drugs while on duty, or theft. e) Except to the extent expressly abridged or modified by a specific provision of this Agreement, the Employer reserves and retains all rights, powers and authority to manage its business in all respects. 4.02 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the UniversityEmployer. 4.03 The University Employer agrees that it will not exercise its functions in Article 4 – 4- Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, or recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his their probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 3.01 The Union agrees recognizes and acknowledges that all rights, prerogatives the management of the operations and authority direction of the University had prior to signing the first Agreement work force are retained fixed exclusively by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, Employer and without limiting the generality of the foregoing, ; the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, and in connection therewith; , to make, alter and enforce from time to time time, rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for just cause provided that a claim by an a bargaining unit employee who has acquired seniority seniority, that he has they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, direct, transfer, assign to shifts, promote, demote, classify, appoint, lay off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University Society in all respects in accordance with the UniversityEmployer's commitments, obligations and responsibilities including the right to determine the number and location of the UniversityEmployer's establishments and their expansion or curtailment; , the direction of the work force, subcontracting of work, the schedules of operations, the number of shifts, the services to be rendered, the methods, techniques, processes and work procedures, quality the work standards, the types and quantity standards; locations of equipment and machinery to be used, the selection and use of materials required by the Employer, determine the job content, the establishment of work or job assignments, change, combine or abolish the job classifications, the qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, ; the starting and quitting times, when overtime shall be worked and require employees to work overtimeworked; determine financial policies, including general accounting proceduresprocedures and customer relations. 4.02 3.02 An employee who has not completed his probationary period Employee may be discharged without cause and at engaged in a business outside of being employed with the sole discretion Society if that employment does not conflict with the mandate of the UniversitySociety and does not interfere with the Employee's work or ability to perform the Employee’s job. The Employee shall be required to advise the Executive Director of any such intention and failure to do so may result in disciplinary action, if it is demonstrated that such employment may bring about a conflict of interest. For definition of Conflict of Interest, please refer to the Employer’s Human Resources Policy (HR-009). 4.03 3.03 Subject to the Employment Standards Act, the Employer may discharge a temporary, contract or probationary employee at any time. The University discharge of a temporary, contract or probationary employee shall not be the subject matter of a grievance or arbitration pursuant to this Agreement. Those who pay Union dues shall have the right to grieve all matters relating to the contract with the exception of termination of employment. 3.04 The foregoing enumeration of management's rights shall not be deemed to exclude other functions not specifically set forth. The Employer, therefore, retains all rights not otherwise specifically and expressly covered in this Agreement. 3.05 The Employer agrees that it will exercise its authority in a fair manner and it will not exercise its functions in Article 4 – Reservation of Management Rights – in a manner inconsistent with the express provisions of this Agreement. 4.04 3.06 Failure by the Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee 3.07 All Human Resources policies and amendments shall be terminated or laid off forwarded to the Union as a result of work being contracted out or performed by employees outside the bargaining unitthey are established and/or amended.

RESERVATION OF MANAGEMENT RIGHTS. 4.01 3.01 The Union agrees acknowledges that the management of the operations and the direction of the working forces are fixed exclusively in the Employer, therefore all rights, prerogatives and authority the University had prior to signing the first Agreement rights are retained by the University Employer except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, Agreement and without limiting the generality of the foregoing, foregoing the Union acknowledges that it is the exclusive function of the University Employer to: (a) maintain order, discipline and efficiency, 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; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause employees, provided that a claim by an employee who has acquired seniority that he has been unjustly laid off or has not been recalled from layoff or has been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, test, transfer, assign to shifts, promote, demote, classify, appointreclassify, lay lay-off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University business in all respects in accordance with the Universitylaw and the Employer's commitments, obligations and responsibilities including the right to determine determine: the nature and kind of business conducted, the number and location of the UniversityEmployer's establishments and their expansion or curtailment; curtailment in whole or in part, direction of the work force, subcontracting of work, schedules of operations, services to be rendered, methods, tools, techniques, work procedures, introduce labour-saving devices, new and improved methods, procedures, equipment and facilities; purchase supplies, equipment, materials, merchandise and services from any source acceptable to the Employer; contract out work; set quality and quantity standards, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classificationsclassifications or departments, determine the standards of performance required, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees employee needed by the University Employer at any time; to reduce the work force, number of hours to be workedworked including reduction of working hours within the organization, department or job by day or week or any other periods, starting and quitting times, when overtime shall be worked and require employees to work overtimeworked; determine financial policies, including general accounting proceduresprocedures and client relations. 4.02 (d) Without limiting the general right of the Employer to discharge employees, it is expressly understood and agreed that the specific penalty shall be discharge for the following infractions: disclosure of confidential information pertaining to the Employer's, resident’s or client’s business; reporting to work under the influence of or consuming intoxicating liquors or illicit drugs while on duty; theft or aiding in the commission of theft or removal of property from the Employer, resident or clients without proper authorization; abuse of a resident or client; deliberate tampering, sabotage or destruction of Employer’s or client’s property or procedures; fighting or any other altercation on Employer premises or during working hours; insubordination or failure to carry out a work instruction, it being understood that an employee will be entitled to refuse to carry out unsafe work instructions. 3.02 The foregoing enumeration of management's rights shall not be deemed to exclude other functions not specifically set forth, the Employer therefore retaining all rights not otherwise specifically and expressly covered in this Agreement. 3.03 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the UniversityEmployer. 4.03 3.04 The University Employer agrees that it will not exercise its functions function in Article 4 – 3 - Reservation of Management Rights – Rights, in a manner inconsistent with the express provisions of this Agreement. 4.04 3.05 Failure to exercise any of its management rights at any time anytime shall not be considered to be an abandonment of such rightsrights and shall not create an estoppel. 4.05 No employee shall be terminated or laid off as a result of work being contracted out or performed by employees outside the bargaining unit.

RESERVATION OF MANAGEMENT RIGHTS. ‌ 4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to: (a) maintain order, discipline and efficiency, efficiency and in connection therewith; : to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause cause, provided that a claim by an employee who has acquired seniority that he has they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, promote, demote, classify, appoint, lay off, or recall or retire employees and select employees for positions excluded from the bargaining unit; (c) operate and manage the University in all respects in accordance with the University's commitments, obligations and responsibilities including the right to determine the number and location of the University's establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures. 4.02 An employee who has not completed his their probationary period may be discharged without cause and at the sole discretion of the University. 4.03 The University agrees that it will not exercise its functions in Article 4 – - Reservation of Management Rights – in a manner inconsistent with the express provisions of this Agreement. 4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. 4.05 No employee shall be terminated or laid laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.