Common use of Responsibility and Rights Clause in Contracts

Responsibility and Rights. (a) It is the intent of the parties to bind the Union and all local and international officers and representatives of the Union, and all employees as defined in Article 2 hereof, and the City, its officers and representatives to observe and adhere to the terms of this contract. (b) The Union enters into this Agreement with the objective of achieving the highest level of employee performance and efficiency consistent with safety, good health, and sustained effort, and agrees that the Union, its agents and members will not take, authorize or condone any action which interferes with the attainment of such objective. (c) The City will not interfere with the rights of its employees to become members of the Union. There shall be no discrimination, interference, restraint or coercion by the City or any of its agents against any employee because of membership in the Union. The Union agrees that neither it, nor any of its officers or members, will illegally engage in any Union activity on City time, or on property of the City, in any manner which shall interfere or tend to interfere with the City's operations. (d) Except to the extent expressly abridged by a specific provision of this Agreement, the City reserves and retains, solely and exclusively, all of its Common Law rights to manage the business, as such rights existed prior to the execution of this, or any other previous agreement with the Union or any other union. The sole and exclusive rights of management which are not abridged by this Agreement, shall include but are not limited to its rights to determine the existence or non-existence of facts which are the basis of a management decision, to determine prices of services, extent of services and methods of financing, to drop a service, contract a service when such contracting will not result in lost time for departmental personnel, or any part thereof, free of the liabilities of this Agreement; to establish or continue policies, practices and procedures for the conduct of the business, and from time to time, to change or abolish such policies, practices, or procedures; the right to determine and from time to time to re-determine the number, location, relocation and types of its operations and the methods, processes and materials and services to be employed; to discontinue services, processes or operations or to discontinue their performance by employees of the City; to determine the number of hours per day or per week operations shall be carried on; to select and to determine the number and types of employees required; to assign work to such employees in accordance with the requirements determined by management; to establish and change work schedules and assignments; to transfer, promote or demote employees or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons; to determine the facts relating to lack of work; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge, or otherwise discipline employees for cause, and otherwise to take such measures as management may determine to be necessary for the orderly, efficient and economical operation of the City. (e) This Agreement does not in any way abridge the right and responsibility of the citizens of Escanaba, acting either through their elected representatives, or as a group, or singularly, from reflecting their will and ideas relative to City policy, administration and financing as set forth in the City Charter and the Michigan Home Rule Act; said rights and responsibilities of the citizens shall not be subordinate to the terms of the Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Responsibility and Rights. (a) It is the intent of the parties to bind the Union and all local and international officers and representatives of the Union, and all employees as defined in Article 2 hereof, and the City, its officers and representatives to observe and adhere to the terms of this contract. (b) The Union enters into this Agreement with the objective of achieving the highest level of employee performance and efficiency consistent with safety, good health, and sustained effort, and agrees that the Union, its agents and members will not take, authorize or condone any action which interferes with the attainment of such objective. (c) The City will not interfere with the rights of its employees to become members of the Union. There shall be no discrimination, interference, restraint or coercion by the City or any of its agents against any employee because of membership in the Union. The Union agrees that neither it, nor any of its officers or members, will illegally engage in any Union activity on City time, or on property of the City, in any manner which shall interfere or tend to interfere with the City's operations. (d) Except to the extent expressly abridged by a specific provision of this Agreement, the City reserves and retains, solely and exclusively, all of its Common Law rights to manage the business, as such rights existed prior to the execution of this, or any other previous agreement with the Union or any other union. The sole and exclusive rights of management which are not abridged by this Agreement, shall include but are not limited to its rights to determine the existence or non-existence of facts which are the basis of a management decision, to determine prices of services, extent of services and methods of financing, to drop a service, contract a service when such contracting will not result in lost time for departmental personnel, or any part thereof, free of the liabilities of this Agreement; to establish or continue policies, practices and procedures for the conduct of the business, and from time to time, to change or abolish such policies, practices, or procedures; the right to determine and from time to time to re-determine redetermine the number, location, relocation and types of its operations and the methods, processes and materials and services to be employed; to discontinue services, processes or operations or to discontinue their performance by employees of the City; to determine the number of hours per day or per week operations shall be carried on; to select and to determine the number and types of employees required; to assign work to such employees in accordance with the requirements determined by management; to establish and change work schedules and assignments; to transfer, promote or demote employees or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons; to determine the facts relating to lack of work; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge, or otherwise discipline employees for cause, and otherwise to take such measures as management may determine to be necessary for the orderly, efficient and economical operation of the City. (e) This Agreement does not in any way abridge the right and responsibility of the citizens of Escanaba, acting either through their elected representatives, or as a group, or singularly, from reflecting their will and ideas relative to City policy, administration and financing as set forth in the City Charter and the Michigan Home Rule Act; said rights and responsibilities of the citizens shall not be subordinate to the terms of the Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Responsibility and Rights. (a) A. It is the intent of the parties to bind the Union and all local and international officers and representatives of the Union, and all employees as defined in Article 2 hereof, and the City, its officers officers, and representatives to observe and adhere to the terms of this contract. (b) B. The Union enters into this Agreement with the objective of achieving the highest level of employee performance and efficiency consistent with safety, good health, and sustained effort, and agrees that the Union, its agents agents, and members will not take, authorize authorize, or condone any action which interferes with the attainment of such objective. (c) C. The City will not interfere with the rights of its employees to become members of the Union. There shall be no discrimination, interference, restraint restraint, or coercion by the City or any of its agents against any employee because of membership in the Union. The Union agrees that neither it, nor any of its officers or members, will illegally engage in any Union activity on City time, or on property of the City, in any manner which shall interfere or tend to interfere with the City's operations. (d) D. Except to the extent expressly abridged by a specific provision of this Agreement, the City reserves and retains, solely and exclusively, all of its Common Law rights to manage the business, as such rights existed prior to the execution of this, or any other previous agreement with the Union or any other union. The sole and exclusive rights of management which are not abridged by this Agreement, shall include but are not limited to its rights to determine the existence or non-existence of facts which are the basis of a management decision, to determine prices of services, extent of services and methods of financing, to drop a service, contract a service when such contracting will not result in lost time for departmental personnel, or any part thereof, free of the liabilities of this Agreement; to establish or continue policies, practices and procedures for the conduct of the business, and from time to time, to change or abolish such policies, practices, or procedures; the right to determine and from time to time to re-determine the number, location, relocation and types of its operations and the methods, processes and materials and services to be employed; to discontinue services, processes or operations or to discontinue their performance by employees of the City; to determine the number of hours per day or per week operations shall be carried on; to select and to determine the number and types of employees required; to assign work to such employees in accordance with the requirements determined by management; to establish and change work schedules and assignments; to transfer, promote or demote employees or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons; to determine the facts relating to lack of work; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge, or otherwise discipline employees for cause, and otherwise to take such measures as management may determine to be necessary for the orderly, efficient and economical operation of the City. (e) E. This Agreement does not in any way abridge the right and responsibility of the citizens of Escanaba, acting either through their elected representatives, or as a group, or singularly, from reflecting their will and ideas relative to City policy, administration and financing as set forth in the City Charter and the Michigan Home Rule Act; said rights and responsibilities of the citizens shall not be subordinate to the terms of the Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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