RIGHTS AND FUNCTIONS OF MANAGEMENT. 4.01 The Union recognizes and acknowledges that the management of the business and the direction of the working forces are the exclusive right of the Employer and remain solely with the management except as specifically limited by the provisions of the Agreement. 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, retire, discharge, classify, direct, transfer, promote, demote, lay- off and suspend or otherwise discipline Employees, subject to an Employee’s right to lodge a grievance as herein provided. Disciplinary measures shall be appropriate to their cause and to principles of progressive discipline except in cases of gross misconduct.
(c) Generally to manage the enterprise in which the Employer is engaged and, without restricting the generality of the foregoing, to determine methods and techniques of work, the content of jobs, schedules of work, kinds and locations of machines and tools to be used, to determine the number of personnel to be required from time to time, and also to determine the extension, limitation, curtailment, or cessation of operations and all other matters concerning the Employer's operations not otherwise specifically dealt with elsewhere in this agreement.
(d) The Employer has the right to make, alter and implement reasonable rules and regulations to be observed by Employees, relating to the conduct of Employees which are not inconsistent with the provisions of this agreement. Such rules and regulations will be brought to the attention of the Employees.
4.02 The Employer will post and/or make position descriptions available to Employees.
4.03 Management will not perform the work of bargaining unit Employees except in the case of emergency.
RIGHTS AND FUNCTIONS OF MANAGEMENT. Section 1. The control of all matters relative to the management and operation of the plant and the operation of the Company’s business are vested exclusively in the Company and shall constitute a management right, except as these matters may be expressly limited by the terms of this Agreement. The Company and the Union in the exercise of their rights shall observe the provisions of this Agreement.
Section 2. The violation by either party of any provision of this Agreement shall not render the Agreement inoperative, and the sole and exclusive method of remedying any dispute which may arise hereunder shall be Article XIII, Settlement of Differences.
Section 3. While it is understood that the Company may experiment with equipment, it is not the intent of the Company to replace any bargaining unit employee with a salaried employee through the exercise of this right. Salaried employees may perform such work under their jurisdiction as instructing, experimenting, or relieving impediments in production, but no bargaining unit employee shall lose a work opportunity as a result.
Section 4. When work which the bargaining unit normally performs is to be subcontracted, it will be done on the basis of time or money or special equipment or expertise. When work is contracted out, the Company will inform the Union and explain the necessity prior to the subcontracting.
Section 5. The Company may utilize temporary employees to do the work of those on leaves of absences, vacations, and other absences, and for unpredicted customer demands, to keep the operations running smoothly, but the Company can only use temporary employees when there are no regular employees available who will fill the need in the department on the shift. A temporary employee shall not work in excess of 90 days per year per employee, unless the temporary employee is filling in for a regular employee on medical leave, in which case the temporary employee may work for the duration of the medical leave. The temporary employee will be paid at the second tier rate and will not be eligible for benefits. Temporary employees will be utilized only in positions of labor grades 1, 2, 3, 4, 5.
RIGHTS AND FUNCTIONS OF MANAGEMENT. Section 1. The Union recognizes that the control of all matters relative to the management and operation of the Plant and the operation of the Company’s business shall be vested exclusively in the Company, except as these matters may be expressly limited by the terms of the Agreement.
RIGHTS AND FUNCTIONS OF MANAGEMENT. Subject only to the express provisions of this Agreement, the Union agrees that supervision, management and control of the Company's business operations and facilities are exclusively the function of the Company and that the Company has the right to make such rules, regulations and decisions as it considers necessary or advisable for the orderly and efficient conduct of its business. And, without limiting the generality of the foregoing, that it is the exclusive function of the Company, except where expressly modified by this Agreement to: 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 and discipline or discharge employees for just cause; select, hire, discharge, transfer, assign to shifts, promote, demote, classify, layoff, recall or retire employees in its discretion at the retirement age of sixty-five (65) and select employees for positions excluded from the bargaining unit; establish and administer tests for the purpose of assisting the Company in determining an employee's qualifications, require medical examination by a designated physician for Health and Safety reasons or to confirm any claim or justification made by the employee; determine the location of operations and their expansion or their curtailment, the schedules of operations, the number of shifts, job content, quality and quantity standards, the establishment of work or job assignments; change, combine or abolish job classifications; determine the qualifications of an employee to perform any particularjob, the nature of tools, equipment, machinery, methods or process; subcontract or discontinue work; decide on the number of employees needed by the Company at any time.
RIGHTS AND FUNCTIONS OF MANAGEMENT. Nothing contained in this Settlement shall in any way infringe upon, limit, condition or control the exercise of management vested in the State by any constitution, statute, Indiana Administrative Code, executive order or decision of any court of law. The failure to mention any right of management expressly herein shall in no way be the basis of any inference that such right of management does not remain in the State's sole and exclusive discretion.
RIGHTS AND FUNCTIONS OF MANAGEMENT. 4 - Article 5 – No Discrimination........................................................................................- 4 -
RIGHTS AND FUNCTIONS OF MANAGEMENT. Nothing contained in this Agreement shall in any way infringe upon, limit, condition or control the exercise of management vested in Wishard Health Services by any constitution, statute, Indiana Administrative Code, executive order or decision of any court of law. The failure to mention any right of management expressly herein shall in no way be the basis of any inference that such right of management does not remain in Wishard Health Services’ sole and exclusive discretion. The management of the covered employees and the direction of its working force are vested exclusively and solely in Wishard Health Services and shall not in any way be abridged, except as provided for in this Agreement. Wishard Health Services in the exercise of its functions of management, shall: (a) have the right to direct its employees; (b) to hire, promote, transfer, assign, classify and retain employees in positions within the covered departments; (c) to discharge, suspend, discipline, or demote employees for just cause; (d) to release employees because of lack of work or for other legitimate reasons; (e) to maintain the efficiency of Wishard Health Services operations entrusted to it and to establish policy; (f) to determine the work methods, means and quality and personnel by which such operations shall be conducted; (g) to make rules and regulations for the conduct of employees and safety of the work force; (h) to determine an applicant’s and employee’s prior work experience, training, demonstration of relevant skills, ability or knowledge, performance record and seniority as an employee of the covered departments; and (i) to take whatever actions necessary to carry out the mission of the public agency as provided by law. The exercise of any of these rights of management shall not be used for the purpose of discrimination or injustice against any employee solely because of his activity in or on behalf of the Union. The Union will be notified in writing if a bargaining unit job classification has a substantial change in job duties resulting in the removal of the classification from the bargaining unit.
RIGHTS AND FUNCTIONS OF MANAGEMENT. 3.01 Subject only to the express provisions of this Agreement, the Union agrees that supervision, management and control of the Company's business operations and facilities are exclusively the function of the Company and that the Company has the right to make such rules, regulations and decisions as it considers necessary or advisable for the orderly and efficient conduct of its business. And, without limiting the generality of the foregoing, that it is the exclusive function of the Company, except where expressly modified by this Agreement 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 and discipline or discharge employees for just cause;
b) select, hire, discharge, transfer, assign to shifts, promote, demote, classify, layoff and recall, and select employees for positions excluded from the bargaining unit;
c) establish and administer tests for the purpose of assisting the Company in determining an employee's qualifications, require medical examination by a designated physician for Health and Safety reasons or to confirm any claim or justification made by the employee;
RIGHTS AND FUNCTIONS OF MANAGEMENT. Subject only to the express provisions of this Agree- ment, the Union agrees that supervision,management and control of the Company's business operations and facilities are exclusively the function of the Com- pany and that the Company has the right to make such rules, regulations and decisions as it considers necessary or advisable for the orderly and efficient conduct of its business. And, without limiting the generality of the foregoing, that it is the exclusive function of the Company, except where expressly modified by this Agreement to:
a) Maintain order, discipline and efficiency and in connectiontherewith; to make, alter and enforce from time to time, rules and regulations, poli- cies and practices to be observed by its employ- ees and discipline or discharge employees for just cause; select, hire, discharge, transfer, assign to shifts, promote, demote, classify, layoff, recall or re- tire employees in its discretion at the retirement age of sixty-five (65) and select employees for positions excluded from the bargaining unit; establish and administer tests for the purpose of assisting the Company in determining an em- ployee’s qualifications, require medical exami- nation by a designated physician for Health and Safety reasons or to confirm any claim or justi- fication made by the employee; determine the location of operations and their expansion or their curtailment, the schedules of operations, the number of shifts, job content, quality and quantity standards,the establishment of work or job assignments; change, combine or abolishjob classifications; determine the quali- fications of an employee to perform any particu- lar job, the nature of tools, equipment, machin- ery, methods or process; subcontract or discon- tinue work; decide on the number of employees needed by the Company at any time.
a) The Company and the Union agree there will be no intimidation, discrimination, interference, re- straint or coercion exercised or practiced by ei- ther of them or their representativesor members because or an employee’s membership or non- membership in the Union or because of activity or lack of activity in the Union. The Company and the Union agree there will be no intimidation, discrimination, interference, re- straint or coercion exercised or practiced by ei- ther management or their representatives against any employeebecause of race, colour, sex, creed or sexual orientation membership.
a) The business agent or international representa- tive of the u...
RIGHTS AND FUNCTIONS OF MANAGEMENT. 5 - Article 5 – No Discrimination - 5 - Article 6 – Strikes and Lockouts - 5 - Article 7 – Seniority - 6 - Article 8 – Hours of Work - 8 - Article 9 – Reporting Allowance - 10 - Article 10 – Call-In Pay - 10 - Article 11 – Bereavement Leave - 11 - Article 12 – Bulletin Boards - 11 - Article 13 – Rest Periods - 11 - Article 14 – Holidays - 12 - Article 15 – Leave Of Absence - 13 - Article 16 – Employer Organization - 13 - Article 17 – Union Representation - 14 - Article 18 – Grievance Procedure - 14 - Article 19 – Discharge and Discipline - 15 - Article 20 – Arbitration - 16 - Article 21 – Health and Safety - 16 - Article 22 – Jury and Crown Witness - 17 - Article 23 – Vacations - 17 - Article 24 – Benefit Program - 18 - Article 25 – Wage Schedule - 18 - Article 26 – Injury at Work - 18 - Article 27 – Layoff and Recall - 18 - Article 28 – Job Posting - 19 - Article 29 – Work Clothing and Equipment - 19 - Article 30 – Severance Pay - 20 - Article 31 – Past Practice - 20 - Article 32 – Duration and Modification - 22 - Appendix A – Schedule of Benefits - 23 - Appendix B – Hourly Rates - 24 - Letter of Agreement #1 - 25 - Letter of Understanding #2 – Labour Disputes - 26 - Letter of Understanding #3 – Vacation - 27 -
