RIGHTS OF THE BOARD OF EDUCATION. A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the board had prior to this Agreement are retained by the Board.
B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. Manage and control its business, its equipment, and its operations and to direct the working forces and affairs of the Board
2. Continue its rights, policies, and practices of assignment and direction of its personnel, determine the number of personnel and scheduling of all the foregoing, and the rights to establish, modify, or change any work or business or school hours or days.
3. Direct the work force, including the right to hire, promote, suspend and discharge employees, transfer employees, evaluate employees, assign work or duties to employees, determine the size of the work force and to lay off employees, but not in violation of contractual procedures as outlined herein.
4. Determine the number of location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities.
5. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the Board shall not abridge any rights from employees as provided for in this Agreement.
6. To exercise management and administrative control of the school system, and its properties, and facilities.
7. The Board and/or its representative may adopt rules and regulations not in conflict with the terms of this Agreement.
RIGHTS OF THE BOARD OF EDUCATION. A. It is recognized by all parties hereto that the Board, on its own behalf of the electors of the District, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws of the Constitution of the State of Michigan and the United States. It is further recognized that the exercise of said powers, rights, authority, duties and responsibilities by the board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Michigan and the United States.
B. The Association specifically recognizes the right of the Board appropriately to invoke the assistance of the Michigan Employment Relations Commission, or a mediator from such public agency.
RIGHTS OF THE BOARD OF EDUCATION. The Board of Education, on its own behalf and on behalf of the electors of the School district, hereby retains and reserves unto itself all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the constitution of the State of Michigan, and of the United States, including, but without limiting, the generality of the foregoing, the right:
1. To the executive management and administrative control of the school system and its employees, properties, and facilities.
2. To hire all employees and, subject to the provisions of the law, to determine his/her qualifications, classification for position and salary, conditions of his/her dismissal or demotion, and to promote and transfer all such employees.
3. To exercise the foregoing powers, rights, authorities, duties, and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the laws of the State of Michigan, the Constitution and laws of the United States.
4. The Board of Education hereby recognizes the Xxxxxx Area Schools Bus Driver Association as the exclusive bargaining representative as defined in applicable Michigan statutes for bus driving personnel, but excluding all supervisory and office personnel.
5. The Board of Education agrees not to negotiate with any employee organization other than the employees represented by the Xxxxxx Area Schools Bus Driver Association.
RIGHTS OF THE BOARD OF EDUCATION. (a) The Board shall have the right to exercise customary and regular functions of management, including 17 the right to hire, promote, transfer, or to suspend, discharge, or demote employees for just cause, 18 subject however, to the employee's right to bring a grievance if any provision of this Agreement is 19 violated by the exercise of such management function.
(b) All rights, powers and interests which have not been expressly granted to the Union by the provisions 21 of this Agreement are reserved to the Board. 23 Article VI
RIGHTS OF THE BOARD OF EDUCATION. 3.1 The Board hereby retains and reserves unto itself, without limitations, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the Constitutions of the State and of the United States.
3.2 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board, and adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the expressed terms of this Agreement and then only to the extent such limitations expressed herein are in conformity with the Constitution and the provisions of the laws of the State and the Constitution and laws of the United States.
RIGHTS OF THE BOARD OF EDUCATION. Except where it is specifically abridged by any provision of this Agreement, the Madison Board of Education has and will continue to retain, whether exercised or not in the past, the sole and unquestioned right and prerogative to manage and direct the operation of the Madison Public Schools.
RIGHTS OF THE BOARD OF EDUCATION. The Board of Education hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by laws and the constitution of the State of Michigan. The exercise of such shall be limited only by the express terms of the Agreement and then only to the extent that these terms are in conformance with the constitution and laws of the State of Michigan and the United States.
RIGHTS OF THE BOARD OF EDUCATION. Section 4.1 It is recognized by all parties hereto that the Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitutions of the State of Michigan and of the United States. It is further recognized that the exercise of said powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States.
Section 4.2 An emergency manager appointed under the Local Government and School District Fiscal Accountability Act is authorized to reject, modify, or terminate this Agreement as provided in the Local Government and School District Fiscal Accountability Act. This clause is included in this agreement because it is legally required by state law. It is noted the union does not agree or acknowledge this provision as binding and reserves all rights to assert this clause as unenforceable.
RIGHTS OF THE BOARD OF EDUCATION. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations:
1. To direct employees of the School District.
2. To hire, promote, transfer, assign, and retain employees in positions in the School District, and for just cause, to suspend, to demote, discharge, or take other disciplinary action against employees.
3. To relieve employees from duty because of lack of unit work, or for other legitimate reasons.
4. To maintain the efficiency of the School District operations entrusted to them.
5. To determine the means and personnel by which such operations are to be conducted.
6. To take whatever actions may be necessary to carry out the missions of the School District in situations of emergency.
RIGHTS OF THE BOARD OF EDUCATION. A. The Board on its own behalf and on behalf of the electors of the school district hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the constitutions of the State of Michigan and the United States, including but without limiting the generality of the foregoing, the right:
1. To the executive management and administrative control of the Monroe County Intermediate School District and the Monroe County Education Programs and Personnel, including the properties and facilities of the District, and the activities of its employees during the school day or while discharging professional responsibilities arising from employment with the Board.
2. To hire all employees and subject to provisions of law, to determine their qualifications and the conditions for their continued employment or their dismissal or demotion, and to promote and transfer all such employees.
B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the constitution and laws of Michigan and of the United States.
