Right of EMPLOYER. Nothing contained herein shall be construed as limiting the right of the EMPLOYER to pursue resolution of a grievance under this Article.
Right of EMPLOYER. Nothing contained herein shall be construed as limiting the right of the EMPLOYER to pursue resolution of a grievance under this Article. The EMPLOYER may request, but not demand, that the parties engage in voluntary mediation. In the event of an agreement to mediate all timelines will be extended. The mediator shall be chosen by mutual agreement. The UNION will be required to file for arbitration within twenty (20) calendar days of a failed mediation. A failed mediation is defined as written notification by the EMPLOYER that it is withdrawing its request to have the matter resolved by mediation, the failure of the parties to choose a mediator within ten (10) calendar days and/or when the mediation does not resolve the matter. Each party shall bear their own attorney fees, if any and the costs and fees of the mediator shall be shared equally. The mediation shall be confidential and not subject to disclosure in any subsequent proceeding.
Right of EMPLOYER. The right of the Employer to employ, discipline, or discharge Employees shall not be affected by reason of any of the provisions of the Plan.
Right of EMPLOYER. The Union recognizes the right of the Employer to manage its operations and to plan, direct, and control the policies and conditions of employment of its employees insofar as such policies are not inconsistent with the express provision of this Agreement. The Employer recognizes the interests of Union in any changes which materially affect the working conditions of those represented by the Union, and will keep the Union informed as to such changes.
Right of EMPLOYER. The Union acknowledges that the Employer has the exclusive right to manage its workforce, hire, terminate or suspend for just cause, promote, demote and transfer any employee as well as to conduct its business according to its obligations. This right shall be exercised in a manner that is compatible with the provisions of the Collective Agreement and shall not be exercised in an unreasonable or arbitrary manner. However, the word “exclusive” shall not be interpreted as authorizing the Employer to act contrary to the provisions of this Collective Agreement.
