Common use of RIGHTS OF EMPLOYER Clause in Contracts

RIGHTS OF EMPLOYER. It is understood and agreed by the parties that the Employer possesses the sole power, duty and right to operate and manage its Departments, Agencies and programs and carry out constitutional, statutory, and administrative policy mandates and goals. The powers, authority and discretion necessary for the Employer to exercise its rights and carry out its responsibilities shall be limited only by the express terms of this Agreement. Any term or condition of employment other than the wages, benefits and other terms and conditions of employment specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to determine, modify, establish or eliminate. To the extent they are not superseded by other provisions of this agreement, management rights include, but are not limited to, the right, without engaging in negotiations, to: A. Determine matters of managerial policy; mission of the Agency (i.e., the services to be provided, their level, and by what means); budget; the method, means and personnel by which the Employer's operations are to be conducted; organization structure; standards of service and maintenance of efficiency; the right to select, promote, assign or transfer employees; discipline employees for just cause; and in cases of emergency, to take whatever action is necessary to carry out the Agency's mission. However, if such determinations alter conditions of employment to produce substantial adverse impact upon employees, the modification and remedy of such resulting impact from changes in conditions of employment shall be subject to negotiation requirements. Any claim by the Union of failure on the part of the Employer to bargain in good faith shall be appealable through the procedures contained in the Civil Service Commission Rules and Regulations. B. Utilize personnel, methods and means in the most appropriate and efficient manner as determined by the Employer. Such rights shall be exercised consistent with the other provisions of this Agreement. C. Determine the size and composition of the work force, direct the work of the employees, determine the amount and type of work needed and, in accordance with such determination, relieve employees from duty because of lack of funds or lack of work. Such rights shall be exercised consistent with the other provisions of this agreement. D. Make work rules which regulate performance, conduct, and safety and health of employees, provided that changes in such work rules shall be reduced to writing and furnished to the Union for its information as soon as possible, and provided that such rules do not violate any provisions of this Agreement. Rules under this section will be reviewed prior to implementation by the Office of the State Employer.

RIGHTS OF EMPLOYER. It is understood and agreed by the parties that the Employer possesses the sole power, duty and right to operate and manage its Departments, Agencies and programs and carry out constitutional, statutory, and administrative policy mandates and goals. The powers, authority and discretion necessary for the Employer to exercise its rights and carry out its responsibilities shall be limited only by the express terms of this Agreement. Any term or condition of employment other than the wages, benefits and other terms and conditions of employment specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to determine, modify, establish or eliminate. To the extent they are not superseded by other provisions of this agreement, management rights include, but are not limited to, the right, without engaging in negotiations, to: A. Determine matters of managerial policy; mission of the Agency (i.e., the services to be provided, their level, and by what means); budget; the method, means and personnel by which the Employer's operations are to be conducted; organization structure; standards of service and maintenance of efficiency; the right to select, promote, assign or transfer employees; discipline employees for just cause; and in cases of emergency, to take whatever action is necessary to carry out the Agency's mission. However, if such determinations alter conditions of employment to produce substantial adverse impact upon employees, the modification and remedy of such resulting impact from changes in conditions of employment shall be subject to negotiation requirements. Any claim by the Union of failure on the part of the Employer to bargain in good faith shall be appealable through the procedures contained in the Civil Service Commission Rules and Regulations. B. Utilize personnel, methods and means in the most appropriate and efficient manner as determined by the Employer. Such rights shall be exercised consistent with the other provisions of this Agreement. C. Determine the size and composition of the work force, direct the work of the employees, determine the amount and type of work needed and, in accordance with such determination, relieve employees from duty because of lack of funds or lack of work. Such rights shall be exercised consistent with the other provisions of this agreement. D. Make work rules which regulate performance, conduct, and safety and health of employees, provided that changes in such work rules shall be reduced to writing and furnished to the Union for its information as soon as possible, and provided that such rules do not violate any provisions of this Agreement. Rules under this section will be reviewed prior to implementation by the Office of the State Employer.

RIGHTS OF EMPLOYER. It is understood and agreed by the parties that the Employer possesses the sole power, duty and right to operate and manage its Departments, Agencies and programs and carry out constitutional, statutory, and administrative policy mandates and goals. The powers, authority and discretion necessary for the Employer to exercise its rights and carry out its responsibilities shall be limited only by the express terms of this Agreement. Any term or condition of employment other than the wages, benefits and other terms and conditions of employment specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to determine, modify, establish or eliminate. To the extent they are not superseded by other provisions of this agreement, management rights include, but are not limited to, the right, without engaging in negotiations, to: A. Determine matters of managerial policy; mission of the Agency (i.e., the services to be provided, their level, and by what means); budget; the method, means and personnel by which the Employer's operations are to be conducted; organization structure; standards of service and maintenance of efficiency; the right to select, promote, assign or transfer employees; discipline employees for just cause; and in cases of emergency, to take whatever action is necessary to carry out the Agency's mission. However, if such determinations alter conditions of employment to produce substantial adverse impact upon employees, the modification and remedy of such resulting impact from changes in conditions of employment shall be subject to negotiation requirements. Any claim by the Union of failure on the part of the Employer to bargain in good faith shall be appealable through the procedures contained in the Civil Service Commission Rules and Regulations. B. Utilize personnel, methods and means in the most appropriate and efficient manner as determined by the Employer. Such rights shall be exercised consistent with the other provisions of this Agreement. C. Determine X. Xxxxxxxxx the size and composition of the work force, direct the work of the employees, determine the amount and type of work needed and, in accordance with such determination, relieve employees from duty because of lack of funds or lack of work. Such rights shall be exercised consistent with the other provisions of this agreement. D. Make work rules which regulate performance, conduct, and safety and health of employees, provided that changes in such work rules shall be reduced to writing and furnished to the Union for its information as soon as possible, and provided that such rules do not violate any provisions of this Agreement. Rules under this section will be reviewed prior to implementation by the Office of the State Employer.