Common use of RIGHTS OF THE BOARD Clause in Contracts

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it by the laws and constitution of the State of Michigan and the United States including, but without limiting the foregoing, the right: 1. To the executive management and administrative control of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfBoard, on its own behalf and on behalf of the electors of the school district, without limitation hereby retains and reserves unto itself all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it by the laws and constitution the Constitutions of the State of Michigan Michigan, and of the United States States, including, but and without limiting the generality of the foregoing, the right:; (1. ) To the executive management and administrative control of the school system, system and its properties and facilities facilities, and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or areaemployees; (2. ) To hire all employees, employees and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension dismissal or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote promote, and transfer all such employees; (3. ) To manage establish grades and direct the work forcecourses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board; (4) To decide upon the work means and methods of instruction, the selection of textbooks and other teaching materials, and the use of teaching aides of every kind and nature; (5) To determine class schedules, the hours of instruction, and the duties, responsibilities, and assignments of teachers and other employees with respect to be performed administrative and how it is to be performednon-teaching activities, including but not limited to and the right to terms and conditions of employment; (6) To establish, modify, or change any work or business or school hours or days not in conflict with days; (7) To determine the specific provisions services, supplies, and equipment necessary to continue its operations and to determine all methods and means of this Agreementdistributing, the location disseminating, and/or selling its services, methods, schedules, and standards of programs and operationsoperation, the means, methods methods, and processes of work, to determine carrying on the hours work including automation or contracting thereof or changes therein; the institution of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organizationnew and/or improved methods or changes therein; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. (8) To determine the financial policiesnumber and location or relocation of its facilities, including all accounting proceduresthe establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and all matters pertaining to public relationsthe relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; 6. (9) To determine policies and operations and to establish and revise policies, reasonable adopt rules and regulations for employees; all policies the operation and management of the Board of Education as stated in Board of Education Policies, Board of Education minutes, schools and the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. school district. B. The exercise of the foregoing powers, rights, authoritiesauthority, duties and responsibilities by the DistrictBoard, the adoption of policies, rules, rules and regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing 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 of this Agreement hereof are in conformity conformance with the Constitution and the laws of the State of Michigan, Michigan and the Constitution and the laws of the United States.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfBoard, on its own behalf and on the behalf of the electors of the school district, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it by the laws and constitution the Constitution of the State of Michigan Michigan, and of the United States States, including, but without limiting the generality of the foregoing, the right: 1. To the executive management and administrative control of the school system, system and its properties and facilities facilities, and the assigned school related activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;employees. 2. To hire all employees, employees and subject to the provisions of law, to determine assess their qualifications and capabilities, the conditions for their employment and continued employment, or their dismissal, discipline, suspension dismissal or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and or transfer all such employees;. 3. To manage establish grades and direct the work forcecourses of instruction, including special programs, and to provide for athletic recreational and social events for students, all as deemed necessary or advisable by the Board. 4. To decide upon the work to be performed means and how it is to be performedmethods of instruction, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreementtelecommunication, the location selection of programs textbooks and operationsother teaching materials and the use of teaching aids. The Board, through the superintendent and the building principals, agrees to consult with teachers through the grade level and departmental organizations. In the event a majority decision by teachers cannot be reached, the meansBoard will make the final decision. 5. To determine class schedules, methods and processes of work, to determine the hours of employmentinstruction, and the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;teachers. 6. To determine policies the qualifications of employees and operations and require employees to establish and revise policies, undergo medical examination in the event there is reasonable rules and regulations for employees; all policies cause to believe an employee is physically or medically unable to function effectively. The employee reserves the right to a second examination by the physician of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, his or powers which heretofore have been properly exercised by it, her choosing. All reasonable costs shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed be assumed by the Board. Any additions, subtractions or revisions, as made by The Board will provide the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by employee with a letter which states the Board. reason for such a request. B. The exercise of the foregoing powers, rights, authoritiesauthority, duties and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing therewith shall be limited only by the specific and express terms of this Agreement agreement and then only to the extent such specific and express terms of this Agreement hereof are in conformity conformance with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States. C. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the Michigan General School Laws or any other national, state, county, district or local laws or regulations as they pertain to education. D. In the event of a claim of misinterpretation or misapplication of this agreement, the integrity of this Article shall be preserved and provide the paramount premise for interpretation or application of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement, Collective Bargaining Agreement, Employment & Human Resources

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfNorthern Michigan Education Association recognizes that the Board, on its own behalf and on behalf of the electors of the school district, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it (or not specifically withheld) by the laws Constitution and constitution by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States States, including, but without limiting the foregoing, generality of the right: 1. To right to establish policy for the executive management and administrative control of the school system, its properties and properties, its facilities and its personnel, as well as the activities of its workforce, including but not limited methods and means necessary to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise proper execution of the foregoing powersobligations, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing provided that such rights shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are exercised in conformity with the Constitution provisions of this agreement. B. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education. SECTION 2.1 - HIRING, VACANCIES, PROMOTIONS AND TRANSFERS A. Transfers shall be defined as either a voluntary or involuntary move from one position to another within the bargaining unit, including grade/level and subject area moves as well as changes in buildings. Transfers to vacancies shall be governed by the language pertaining to vacancies. The following factors will be considered in making any voluntary or involuntary transfer: 1. Teachers shall be contacted personally, thirty (30) calendar days prior to the end of the State semester, by the principal to discuss the transfer or change. The thirty (30) day period may be waived for emergency situations by mutual agreement of Michiganboth parties. B. A vacancy is a position that remains unfilled after all assignments are made. On vacant teaching and/or Schedule B positions, and the Constitution and the laws notices of such vacancies shall be posted electronically at least five working days prior to any external advertising of the United Statesvacancy. Employees may sign a written request at the central office each contract year to receive a copy placed in their school mailbox during the school year and mailed to their last address on file during the summer. Said notification may be simultaneously sent to the Association President, staff members certified for the vacancy and to the public when the vacancy occurs after July 15th of any year. 1. Employees notified as designated in paragraph B shall have the responsibility of contacting the Superintendent, indicating their interest in the said position, within five calendar days of such notification. Such position may not be filled in less than five (5) calendar days of the postmarked date by other than certified district employees.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfBoard, on its own behalf and on behalf of the electors of the school district, without limitation hereby retains and reserves unto itself, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it by the laws and constitution the Constitution of the State of Michigan Michigan, and of the United States including, but without limiting the foregoing, the right: 1. To the executive management and administrative control of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the BoardStates. The exercise of the foregoing such powers, rights, authoritiesand authority, duties and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing 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 of this Agreement are in conformity with the Constitution and the laws and Constitution of the State of Michigan, Michigan and the Constitution and the laws of the United States. Rights of the Board shall include by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the employer. 2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the hours of work and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement. 3. The right to direct the working forces, not in conflict with specific provisions of this Agreement; including the right to hire, promote, suspend, and discharge employees; transfer employees; assign work or extra duties to employees; determine the size of the work force, to lay off and to recall employees. 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods to carry out its operations. 5. Adopt reasonable rules and regulations. 6. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 7. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 8. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 9. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement. 10. Determine the policy affecting the selection of employees providing such selection shall be based upon lawful criteria.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation itself all rights, powerspowers and privileges inherent in it, dutiesor previously exercised by it, responsibilities and authority or vested in it or conferred upon it by the laws and constitution of the State of Michigan and the United States includingand any other source. By way of illustration and not exclusively by the Board without prior negotiation shall include, but without limiting except as expressly provided elsewhere in this Agreement or Act 379 or the foregoingMichigan Public Acts of 1965, the rightright to: 1. To The Board retains all rights to fully implement Public Act 112 concerning the executive management use of volunteers and administrative third party contracting for non-instructional services. 2. Manage and control the school's business, the equipment and the operations and to direct the working forces and affairs of the school system, Board 3. Continue its properties rights and facilities past practice of assignment and the activities direction of work of all of its workforcepersonnel, including determine the number of shifts and hours of work and starting time and scheduling of all of the foregoing, but not limited to in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work of business hours or days. 4. The right to direct the working force, including the right to hire, promote, suspends and discharge employees, transfer employees, and assign work or extra duties to employees, determine the placement size of operationsthe work force and to lay off employees. 5. Determine the service, supplies and equipment necessary to continue its operation and to determine the number methods, and locationprocesses of carrying on the work including automation. 6. Adopt reasonable rules and regulations. 7. Determine the qualification of employees, including physical conditions. 8. Determine the location or relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments departments, division buildings, or other facilities. 9. Determine the placement of operations, production, services, maintenance or distribution or work, and the right to establish, modify or change any educational or administrative program or area;source of materials and supplies. 210. To hire all employees, and subject to Determine the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeesfinancial policies, including but not limited all accounting procedures and all matters pertaining to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees;public relations. 311. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine Determine the size of the administrative management organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given table of organization provided that the Board under Public Act 112 of the Public Acts of 1994 and other legal shall not abridge any rights given the Board. Should Act 112 of the Public Acts of 1994 be amended from employees as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations specifically provided for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement. 12. Determine the policy affecting the selection, and in full force and effect unless changed by the Board. The exercise testing or training of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing employees providing such selecting shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesbased upon lawful criteria.

Appears in 3 contracts

Samples: Employment Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The Nothing contained herein shall be considered to deny or restrict the Board retains and reserves unto itself, on of its own behalf and on behalf of the electors of the school district, without limitation all rights, powersresponsibilities, duties, responsibilities and authority vested in it by under the laws and constitution of the State of Michigan and of the Federal Government of the United States includingStates. Except as stated by this agreement, but without limiting all the foregoingrights, powers, and authority the Board had prior to this agreement are retained by the Board, provided that such rights shall be exercised in conformity with the provisions of this agreement. 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 by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right: 1. To right to: Manage and control the executive management schools business, the equipment, the operations and administrative control to direct the working forces and affairs of the school system, employer. Continue its properties rights and facilities past practice of assignment and the activities direction of work of all of its workforcepersonnel. Determine the services, including but not limited supplies and equipment necessary to the right continue its operations and to determine the placement methods, schedules and standards of operationsoperation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein. Adopt reasonable rules and regulations. To hire all employees, to determine their qualifications, and conditions of continued employment as covered under this master agreement. Determine the number and location, location or relocation and closing of its facilities, including the establishment or relocation relocations of new schools, buildings, and departments departments, divisions or subdivisions thereof and the right to establishrelocation or closing of offices, modify departments, divisions or change any educational subdivisions, buildings or administrative program or area; 2other facilities. To hire all employees, and subject to Determine the provisions placement of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the meansproduction, methods and processes services, maintenance or distribution of work, to determine and the hours source of employment, the schedules, duties, responsibilities materials and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4supplies. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies Determine the size of the Board management organization, its functions, authority, amount of Education supervision and table of organization provided that the employer shall not abridge any rights from employees as stated specifically provided for in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesagreement.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are clearly and constitution expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the State consequence of Michigan 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 the United States including, but without limiting the foregoingnot by way of limitation, the rightright to: 1. To Manage and control its business, its equipment and its operations and to direct the executive management working forces and administrative control affairs of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;Xxxxxxx School District. 2. To hire all employeesContinue its rights, policies and subject to the provisions practices of lawassignment and direction of its personnel, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeespersonnel and scheduling of all the foregoing, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement. 3. To hire, the location of programs promote, suspend and operationsdischarge employees, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative work force and to lay off employees, but not conflict with the provisions of this Agreement. 4. Adopt reasonable rules and regulations. 5. Determine the qualifications of employees, including physical conditions providing such selection shall be based on lawful criteria. 6. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or sub- divisions thereof and the relocation or closing of offices, departments, divisions or sub-divisions, buildings or other facilities. 7. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies. 8. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. 9. Determine the size of the management organization, its functions, authority, amount of supervision and its table of organization; 4. To subcontract in line with the statutory rights given , provided that the Board under Public Act 112 of shall not abridge any rights from employees as specifically provided for in this Agreement. 10. Determine the Public Acts of 1994 and other legal rights given policy affecting the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelinesselection, or powers which heretofore have been properly exercised by it, training of employees providing that such selection shall remain unaffected unless changed by be based upon lawful criteria. B. The listing of specific management rights in this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time is not intended to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing be nor shall be limited only by the specific restrictive of or a waiver of any rights of management not listed and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesspecifically surrendered.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The Nothing contained herein shall be considered to deny or restrict the Board retains and reserves unto itself, on of its own behalf and on behalf of the electors of the school district, without limitation all rights, powersresponsibilities, duties, responsibilities and authority vested in it by under the laws and constitution of the State of Michigan and of the Federal Government of the United States includingStates. Except as stated by this agreement, but without limiting all the foregoingrights, powers, and authority the Board had prior to this agreement are retained by the Board, provided that such rights shall be exercised in conformity with the provisions of this agreement. 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 by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right: 1. To right to: Manage and control the executive management school’s business, the equipment, the operations and administrative control to direct the working forces and affairs of the school system, employer. Continue its properties rights and facilities past practice of assignment and the activities direction of work of all of its workforcepersonnel. Determine the services, including but not limited supplies and equipment necessary to the right continue its operations and to determine the placement methods, schedules and standards of operationsoperation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein. Adopt reasonable rules and regulations. To hire all employees, to determine their qualifications, and conditions of continued employment as covered under this master agreement. Determine the number and location, location or relocation and closing of its facilities, including the establishment or relocation relocations of new schools, buildings, and departments departments, divisions or subdivisions thereof and the right to establishrelocation or closing of offices, modify departments, divisions or change any educational subdivisions, buildings or administrative program or area; 2other facilities. To hire all employees, and subject to Determine the provisions placement of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the meansproduction, methods and processes services, maintenance or distribution of work, to determine and the hours source of employment, the schedules, duties, responsibilities materials and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4supplies. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies Determine the size of the Board management organization, its functions, authority, amount of Education supervision and table of organization provided that the employer shall not abridge any rights from employees as stated specifically provided for in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesagreement.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are clearly and constitution expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association as to the taking of action during the State terms of Michigan this Agreement. Such rights shall include, by way of illustration and not by way of limitation the United States including, but without limiting the foregoing, the rightright to: 1. To Manage and control its business, its equipment, property, facilities, and its operations and to direct the executive management working forces and administrative control affairs of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or areaDistrict; 2. To hire all employeesContinue its rights, policies, and subject to the provisions practices of lawassignment and direction of its personnel, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeespersonnel and scheduling of all the foregoing, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, and the location of programs right to establish, modify, or change any work or business or school hours or days; 3. The right to direct the working forces, including the right to hire, promote, suspend, and operationsdischarge employees, the meanstransfer employees, methods and processes assign work or duties to employees including hours of work, to determine the hours of employmentworking schedules and overtime work, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organizationwork force and to lay off employees, its functions, authority, amount but not conflict with the provisions of supervision and its organization;this Agreement. 4. To subcontract in line with Determine the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, supplies, and equipment necessary to continue its operations and to determine all methods and means of distributing, disseminating, and/or selling its services, methods, schedules, and standards of operation, the parties will meet to renegotiate this section means, methods, and processes of carrying on the Master Agreement;work including automation or contracting thereof or changes therein, the institution of new and/or improved methods of changes therein. 5. To determine the financial policiesAdopt reasonable rules and regulations, including maintain order and efficiency of all accounting proceduresoperations, and all matters pertaining to public relations;establish standards of efficiency and competence. 6. To determine policies Determine the qualifications of employees, including physical conditions. 7. Determine the number and operations location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and to establish and revise policiesthe relocation or closing of offices, reasonable rules and regulations for employees; all policies departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of the Board operations, production, service, maintenance or distribution of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereofwork, and the use source of judgment materials and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statessupplies.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board retains without prior negotiations with the Association as to the taking of action during the term of this Agreement. Such rights shall include, by way of illustration and reserves unto itselfnot by way of limitation the right to: 1. Manage and control its business, on its own behalf equipment, and on behalf of its operations and to direct the electors working forces and affairs of the school district, without limitation all ; 2. Continue its rights, powerspolicies, dutiesand practices of assignment and direction of its personnel, responsibilities and authority vested in it by the laws and constitution of the State of Michigan to determine qualifications and the United States includingconditions for continued employment, but without limiting determine the number of personnel and the scheduling of all the foregoing, the right: 1. To the executive management and administrative control of the school system, its properties and facilities and the activities of its workforce, including but not limited to in conflict with the right to determine the placement specific provisions of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments this Agreement; and the right to establish, modify or change any educational work or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days days; 3. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees, transfer employees, assign work or duties to employees, including hours of work, working schedules and overtime work, determine the size of the work force and to lay off employees, but not in conflict with the specific provisions of this Agreement. 4. Determine the services, the location supplies, and equipment necessary to continue its operations and to determine all methods and means of programs distributing, disseminating, and/or selling its services, methods, schedules and operationsstandards of operation, the means, methods methods, and processes of work, to determine carrying on the hours of employmentwork including automation or contracting thereof or changes therein, the schedules, duties, responsibilities and assignments institution of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size new and/or improved methods of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreementchanges therein; 5. To determine Adopt reasonable rules and regulations, maintain order and efficiency of all operations, and to establish standards of efficiency and competence; 6. Determine the qualifications of employees, including physical conditions; 7. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; 8. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies; 9. Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are clearly and constitution expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association as to the taking of action during the State terms of Michigan this Agreement. Such rights shall include, by way of illustration and not by way of limitation the United States including, but without limiting the foregoing, the rightright to: 1. To Manage and control its business, its equipment, property, facilities, and its operations and to direct the executive management working forces and administrative control affairs of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or areaDistrict; 2. To hire all employeesContinue its rights, policies, and subject to the provisions practices of lawassignment and direction of its personnel, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeespersonnel and scheduling of all the foregoing, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, and the location of programs right to establish, modify, or change any work or business or school hours or days; 3. The right to direct the working forces, including the right to hire, promote, suspend, and operationsdischarge employees, the meanstransfer employees, methods and processes assign work or duties to employees including hours of work, to determine the hours of employmentworking schedules and overtime work, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organizationwork force and to lay off employees, its functions, authority, amount but not conflict with the provisions of supervision and its organization;this Agreement. 4. To subcontract in line with Determine the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, supplies, and equipment necessary to continue its operations and to determine all methods and means of distributing, disseminating, and/or selling its services, methods, schedules, and standards of operation, the parties will meet to renegotiate this section means, methods, and processes of carrying on the Master Agreement;work including automation or contracting thereof or changes therein, the institution of new and/or improved methods of changes therein. 5. To determine the financial policiesAdopt reasonable rules and regulations, including maintain order and efficiency of all accounting proceduresoperations, and all matters pertaining to public relations;establish standards of efficiency and competence. 6. To determine policies Determine the qualifications of employees, including physical conditions. 7. Determine the number and operations location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and to establish and revise policiesthe relocation or closing of offices, reasonable rules and regulations for employees; all policies departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of the Board operations, production, service, maintenance or distribution of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereofwork, and the use source of judgment materials and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statessupplies. 9.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board Except as modified by this Agreement, the District retains and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities powers and authority vested in it by Act 279 of the Michigan Public Acts of 1965 and the laws and constitution of the State Constitution of Michigan and the United States includingStates. Not by way of limitation, but without limiting the foregoingby way of illustration, the rightDistrict reserves the right to: 1. To Manage and control the executive management District's business, the equipment, the operations and administrative control direct the working forces and affairs of the school systemEmployer. 2. Continue its rights of assignment and direction of the work of all its personnel; determine the number of shifts and hours of work and starting times and scheduling of all the foregoing, its properties and facilities and the activities of its workforce, including but not limited to in conflict with the right to determine the placement specific provisions of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments this Agreement; and the right to establish, modify or change any educational work or administrative program business hours or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees;days. 3. To manage and direct Direct the work force, and to decide upon the work to be performed and how it is to be performedworking forces, including but not limited to the right to establishhire, modifypromote, or change any business or school hours or days not in conflict with the specific provisions of this Agreementsuspend and discharge employees, the location of programs transfer employees, assign work to employees and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative work force and to lay off employees. 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work, including automation thereof or changes therein; and the institution of new and/or improved methods or changes therein. 5. Adopt reasonable rules and regulations. 6. Determine the qualifications of employees. 7. Determine the location or relocation of its facilities, including the establishment of relocations of new schools, buildings, departments, divisions or subdivisions thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the size of the management organization, its functions, authority, amount of supervision and its organization; 4. To subcontract table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement. 10. Determine the policy affecting the selection, and in full force and effect unless changed by the Board. The exercise testing or training of the foregoing powersemployees, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing providing such selection shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesbased upon lawful criteria.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board retains without prior negotiations with the Association as to the taking of action during the term of this Agreement. Such rights shall include, by way of illustration and reserves unto itselfnot by way of limitation, on the right to: 1. Manage and control its own behalf business, its equipment, and on behalf of its operations, and to direct the electors working forces and affairs of the school district, without limitation all ; 2. Continue its rights, powerspolicies, dutiesand practices of assignment and direction of its personnel, responsibilities determine the number of personnel and authority vested in it by the laws and constitution scheduling of the State of Michigan and the United States including, but without limiting all the foregoing, but not in conflict with the right:specific provisions of this Agreement; 13. To Hire, suspend, and discharge employees, transfer employees, assign work or duties to employees, determine the executive management and administrative control size of the school systemwork force, its properties and facilities and the activities of its workforceto lay off employees, including but not limited to in conflict with the right to determine provisions of this Agreement; 4. Adopt reasonable rules and regulations; 5. Determine the placement qualifications of operations, employees; 6. Determine the number and location, location or relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments departments, divisions, or subdivisions thereof and the right to establishrelocation or closing of offices, modify departments, divisions or change any educational subdivisions, buildings, or administrative program or areaother facilities; 27. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine Determine the size of the administrative management organization, its functions, authority, amount of supervision supervision, and its organization; 4. To subcontract in line with the statutory rights given table of organizations, provided that the Board under Public Act 112 of the Public Acts of 1994 and other legal shall not abridge any rights given the Board. Should Act 112 of the Public Acts of 1994 be amended from employees as it pertains to the subcontracting of services, the parties will meet to renegotiate specifically provided for in this section of the Master Agreement; 58. To determine Determine the financial policies, including all accounting procedures, procedures and all matters pertaining to public relations; 69. To determine policies and operations and The above are not to establish and revise policies, reasonable rules and regulations for employees; all policies be interpreted as abridging or conflicting with any specific provision in this Agreement. 10. The Constitution of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, United States and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, Michigan and the Constitution all federal statues and the laws state statues enacted that may be in conflict with any provision of the United Statesthis agreement shall take precedence.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The Board and the Superintendent retains and reserves unto itselfitself (without limitation, on its own behalf and on behalf of the electors of the school districtall powers, without limitation all rights, powersauthority, duties, and responsibilities conferred upon and authority vested in it by the laws law and constitution the Constitutions of the State of Michigan and the United States including, but without limiting the foregoing, not limited to the right: 1. To the executive management and administrative control of the school system, system and its properties and facilities facilities; 2. To hire all employees and to determine their qualifications and fitness for employment and conditions for their continued employment, or their dismissal or demotion; and topromote, and transfer all such employees; 3. To establish grades and courses of instruction, including special programs, and to approve the means and methods of instruction; 4. To provide for athletic, recreational, and social events for students, all as deemed necessary or advisable by the Board; 5. To determine overall goals and objectives as well as the policies affecting the educational program; 6. To select textbooks, teaching materials, and teaching aids; 7. To determine class schedules, class size, the hours of instruction, and the activities assignment of employees with respect thereto; 8. To determine the services, supplies, and equipment necessary to continue its workforce, including but not limited to the right operations and to determine the placement methods and processes of operationscarrying on the work; 9. To determine the duties, responsibilities, and assignments of all employees. 10. To adopt reasonable rules and regulations; which are not in conflict with this Agreement. 11. To develop and control the number and location, budget of the Districts 12. To determine the location or relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments division, or subdivisions thereof, and the right to establishrelocation or closing of offices, modify departments, divisions or change any educational sub-divisions, buildings, or administrative program or areaother facilities; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 513. To determine the financial policies, policies including all accounting procedures, and all matters pertaining to public relations; 614. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies the size of the Board management organization, its functions, authority, amount of Education as stated supervision, and table of organization. B. The listing of specific management rights in Board of Education Policiesthis Agreement is not intended to be, Board of Education minutes, the administrative rules/guidelinesnor shall it be restrictive of, or powers which heretofore a waiver of, any rights of management not listed and specifically surrendered herein, whether or not such rights have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. past. C. The exercise of the foregoing powers, rights, authoritiesduties, duties and responsibilities by the District, Board and the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be the exclusive prerogative of the Board except as limited only by the specific and express terms of this Agreement and then only to Agreement. D. In the extent such specific and express terms event that any provisions of this Agreement shall at any time be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree has not been appealed within the time provided for doing so, such provisions shall be void and inoperative and subject to renegotiations. However, all other provisions of this Agreement shall continue in effect. X. Xxxxxxxx to MCL 141.1501 to 141.1531, the parties agree that an emergency financial manager may reject, modify, or terminate the collective bargaining agreement as provided in the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. Provisions required by this subsection are in conformity with the Constitution and the laws prohibited subjects of the State of Michigan, and the Constitution and the laws of the United Statesbargaining under this act.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The ‌ A) It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board retains without prior negotiations with the Association as to the taking of action during the term of this Agreement. Such rights shall include, by way of illustration and reserves unto itselfnot by way of limitation the right to: 1. Manage and control its business, on its own behalf equipment, and on behalf of its operations and to direct the electors working forces and affairs of the school district, without limitation all ; 2. Continue its rights, powerspolicies, dutiesand practices of assignment and direction of its personnel, responsibilities and authority vested in it by the laws and constitution of the State of Michigan to determine qualifications and the United States includingconditions for continued employment, but without limiting determine the number of personnel and the scheduling of all the foregoing, the right: 1. To the executive management and administrative control of the school system, its properties and facilities and the activities of its workforce, including but not limited to in conflict with the right to determine the placement specific provisions of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments this Agreement; and the right to establish, modify or change any educational work or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days days; 3. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees, transfer employees, assign work or duties to employees, including hours of work, working schedules and overtime work, determine the size of the work force and to lay off employees, but not in conflict with the specific provisions of this Agreement. 4. Determine the services, the location supplies, and equipment necessary to continue its operations and to determine all methods and means of programs distributing, disseminating, and/or selling its services, methods, schedules and operationsstandards of operation, the means, methods methods, and processes of carrying on the work including automation or contracting thereof or changes therein, the institution of new and/or improved methods of changes therein; 5. Adopt reasonable rules and regulations, maintain order and efficiency of all operations, and to establish standards of efficiency and competence; 6. Determine the qualifications of employees, including physical conditions; 7. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; 8. Determine the placement of operations, production, service, maintenance or distribution of work, to determine and the hours source of employment, materials and supplies; 9. Determine the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect theretofinancial policies, including without limitation the express right all accounting procedures and all matters pertaining to assign and temporarily re-assign bargaining unit members as needed; and to determine public relations; 10. Determine the size of the administrative management organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given table of organizations, provided that the Board under Public Act 112 of the Public Acts of 1994 and other legal shall not abridge any rights given the Board. Should Act 112 of the Public Acts of 1994 be amended from employees as it pertains to the subcontracting of services, the parties will meet to renegotiate specifically provided for in this section of the Master Agreement; 511. To determine Determine the financial policiespolicy affecting the selection, including all accounting procedures, and all testing or training of employees provided that such selection shall be based upon lawful criteria. The above are not to be interpreted as abridging or conflicting with any specific provision of this Agreement. B) The matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it by the laws and constitution of the State of Michigan and the United States including, but without limiting the foregoing, the right: 1. To the executive management and administrative control of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employees employed; to layoff and reduce the number of bargaining unit members employees employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members employees and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members employees as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. ~~£!l£~_!~~lg~!~_£!_!~~_~£!!~ A. The Board retains and reserves unto itselfBoard, on its own behalf and on behalf of the electors of the school district, without limitation hereby retains and reserves unto itsel f all powers, rights, powersauthori ty, duties, duties and responsibilities conferred upon and authority vested in it by the constitution and laws and constitution of the State of Michigan and the United States Michigan, including, but without limiting the generality of the foregoing, the rightrights: 1. To the executive management and administrative control of the school system, system and its properties and facilities facilities, and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;employees. 2. To hire all employeesemployees and, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension for dismissal or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees;. 3. To manage and direct determine the work forcehours of employment anci the duties, responsibi 1ities, and assignment of employees wi th respect thereto, and the terms and conditions of employment. 4. Determine the services, supplies and equipment necessary to decide upon continue its operations and to determine -all methods, schedules and standards of operation and the work to be performed and how it is to be performedinstitution of new and/or improved methods, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement. 5. Determine the number and location or relocation of its facilities, inclUding the location establishment or relocation of programs new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 6. Determine the placement of operations, the meansproduction, methods and processes service, maintenance or distribution of work, to determine and the hours source of employment, the schedules, duties, responsibilities materials and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization;supplies.‌ 47. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;. 68. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies Determine the size of the Board management organization, its functions, authority, amount of Education as stated in Board supervision and table of Education Policiesorganization, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by provided that the Board shall not abridge any rights from time to time, shall become and remain unaffected by employees as specifically provided for in this Agreement, and in full force and effect unless changed by the Board. The above are not conflicting with Agreement. to any be interpreted as abridging or specific provisions of this ~~£!!~~_!~--~!~!~!!~-~!_~~~~! The exercise of the foregoing powers, rights, authoritiesauthority, duties and responsibilities by the DistrictBoard, the adoption of policies, rules, rules and regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing therewith shall be limited only by the specific and express terms of this Agreement Agreement. and then only to the extent such specific and express terms of this Agreement are in conformity conformance with the Constitution constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The It is agreed that the Board hereby retains and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation and without prior negotiations with the Association, all the powers, rights, powersauthority, dutiesduties and responsibilities enumerated in the School Code of 1976, responsibilities and authority conferred upon and vested in it by the laws and constitution the Constitution of the State of Michigan and of the United States States, including, but and without limiting the generality of the foregoing, the rightrights to: 1. To the The executive management and administrative control of the school systemSchool District, its properties and properties, equipment, facilities and operation and to direct the activities and affairs of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or areaemployees; 2. To hire Hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension dismissal or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct Determine the size of the work force, force and to decide upon expand or reduce the work to be performed and how it is to be performed, including but not limited to the right to establishforce; 4. Establish, modify, or change any business work, business, or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreementdays; 5. To determine Decide upon the financial policiesmeans and methods of instruction, including all accounting procedurestelecommunications instruction, the selection of textbooks and all matters pertaining other teaching materials and the use of teaching aids of every kind and nature. The Board will consult with the teachers in affected areas with respect to public relationsthese matters; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutesDetermine class schedules, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreementhours of instruction, and in full force the duties, responsibilities, and effect unless changed by assignments of teachers with respect thereto and non-teaching school activities and the Boardterms and conditions of employment. The exercise of the foregoing powers, rights, authoritiesauthority, duties duties, and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent that such specific and express terms of this Agreement are in conformity conformance with the Constitution and the laws of the State of Michigan, Michigan and the Constitution and the laws of the United States. B. The express inclusion by an affirmative statement or delineation of any specific rights of the Board anywhere in the Agreement shall not by implication exclude or diminish those remaining rights and powers of the Board not so mentioned and hereby retained by the Board.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are expressly relinquished herein by the Board, shall continue to vest exclusively in and constitution of be exercised exclusively by the State of Michigan and the United States including, but without limiting the foregoing, the right:Board. 1. To the The executive management and administrative administration control of the school systemsystem and its properties, its properties and facilities facilities, equipment and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;employees during working hours. 2. To hire Hire all employees, employees and subject to the provisions of law, law and this Agreement to determine their qualifications and the conditions for their employment and continued employment, their placement or their dismissal, disciplinesuspension, suspension lay-off or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed demotion and to promote and transfer all such employees;. 3. To manage and direct Determine the work forceservices, supplies, and equipment necessary to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; continue its operation and to determine all methods and means of operations. 4. Adopt rules and regulations. 5. Determine the number of locations or relocation of its facilities, including the establishment or relocations of new school buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities thereof. 6. Determine the size of the administrative management organization, its functions, functions authority, amount of supervision and its table of organization; 4. To subcontract in line with the statutory rights given , provided that the Board under Public Act 112 shall not abridge any rights from employees as specifically provided in this Agreement. 7. Determine the policy affecting the selection of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 employees, providing that such selection shall be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement;based upon lawful criteria. 58. To determine the financial policieshours of employment and the duties, including all accounting proceduresresponsibilities, and assignments of employees with respect thereto and the terms and conditions of employment which shall be expressed verbally or in writing to all employees at the time of employment. B. The matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies contained in this Agreement and/or the exercise of such rights of the Board of Education as stated in Board of Education Policies, Board of Education minutes, are not subject to further negotiations between the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by parties during the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of unless by mutual consent. C. Nothing in this Agreement are in conformity with shall be construed to limit the Constitution powers and responsibilities conferred upon the Board or the superintendent under the laws or constitution of the State of Michigan, specifically the rights and responsibilities as conferred under the Constitution School Code is preserved. D. The listing of specific management rights in this Agreement is not intended to be, nor shall it be restrictive of or a waiver of any rights of management not listed and the laws of the United Statesspecifically surrendered herein.

Appears in 1 contract

Samples: Master Agreement

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RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfNorthern Michigan Education Association recognizes that the Board, on its own behalf and on behalf of the electors of the school district, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it (or not specifically withheld) by the laws Constitution and constitution by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States States, including, but without limiting the foregoing, generality of the right: 1. To right to establish policy for the executive management and administrative control of the school system, its properties and properties, its facilities and its personnel, as well as the activities methods and means necessary to the proper execution of the foregoing obligations, provided that such rights shall be exercised in conformity with the provisions of this agreement. B. Nothing contained herein shall be considered to deny or restrict the Board of its workforcerights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education. SECTION 2.1 - HIRING, VACANCIES, PROMOTIONS AND TRANSFERS A. Transfers shall be defined as either a voluntary or involuntary move from one position to another within the bargaining unit, including but not limited grade/level and subject area moves as well as changes in buildings. Transfers to vacancies shall be governed by the language pertaining to vacancies. The following factors will be considered in making any voluntary or involuntary transfer: 1. Teachers shall be contacted personally, thirty (30) calendar days prior to the right end of the semester, by the principal to determine discuss the placement transfer or change. The thirty (30) day period may be waived for emergency situations by mutual agreement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;both parties. 2. To hire all employees, and subject If a teacher is opposed to the provisions of lawinvoluntary transfer, to determine their qualifications then the teacher in that grade level or subject area with the least seniority in the district shall be the teacher transferred provided that he/she is certified and highly qualified for the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees;position. 3. To manage and direct Transfers occurring during the work force, and school year due to decide upon the work to vacancies will be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies made effective by mutual consent of the Board of Education and the Association. Filling of such vacancies will be on a seniority basis to commence no later than the first day of the following semester of the year in which the vacancy occurs provided that the applicant is certified and highly qualified (where applicable) for the position. 4. Mutual requests for voluntary transfers by bargaining unit members wishing to switch positions shall be granted with consent of the principal(s) involved subject to highly qualified status. B. A vacancy is a position that remains unfilled after all assignments are made. On vacant teaching and/or Schedule B positions, notices of such vacancies shall be posted electronically at least five working days prior to any external advertising of the vacancy. Employees may sign a written request at the central office each contract year to receive a copy placed in their school mailbox during the school year and mailed to their last address on file during the summer. Said notification may be simultaneously sent to the Association President, staff members certified for the vacancy and to the public when the vacancy occurs after July 15th of any year. First consideration in filling a vacancy will be given to applications from certified and, if applicable, highly qualified employees within the District. 1. An employee shall be allowed to fill a teaching vacancy before a new hire is considered so long as stated in Board that employee holds proper certification and is highly qualified. In the event the administration feels the change of Education Policies, Board of Education minutesposition would create a problem, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, administration shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by request a meeting with the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise executive committee of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereoflocal Association to present rationale, and the use of judgment and discretion in connection with executive committee shall make a recommendation to the foregoing Superintendent whose decision shall be limited only by final. 2. Certified and highly qualified employees who meet State and Federal guidelines and who have the specific and express terms greatest length of this Agreement and then only service to the extent district will be given preferences over other employees. 3. Employees notified as designated in paragraph B shall have the responsibility of contacting the Superintendent, indicating their interest in the said position, within five calendar days of such specific and express terms of this Agreement are notification. Such position may not be filled in conformity with the Constitution and the laws less than five (5) calendar days of the State of Michigan, and the Constitution and the laws of the United Statespostmarked date by other than certified district employees.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board and the Superintendent retains and reserves unto itself, on its own behalf and on behalf of the electors of the school districtwithout limitation, without limitation all powers, rights, powersauthority, duties, and responsibilities conferred upon and authority vested in it by the laws law and constitution the Constitutions of the State of Michigan and the United States including, but without limiting the foregoing, not limited to the right: 1. To the executive management and administrative control of the school system, system and its properties and facilities facilities; 2. To hire all employees and to determine their qualifications and fitness for employment and conditions for their continued employment, or their dismissal or demotion; and to promote, and transfer all such employees; 3. To establish grades and courses of instruction, including special programs, and to approve the means and methods of instruction. 4. To provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board; 5. To determine overall goals and objectives as well as the policies affecting the educational program; 6. To select textbooks, teaching materials, and teaching aids; 7. To determine class schedules, class size, the hours of instruction, and the activities assignment of employees with respect thereto; 8. To determine the services, supplies, and equipment necessary to continue its workforce, including but not limited to the right operations and to determine the placement methods and processes of operationscarrying on the work; 9. To determine the duties, responsibilities, and assignments of all employees. 10. To adopt reasonable rules and regulations; which are not in conflict with this Agreement. 11. To develop and control the number and location, budget of the District. 12. To determine the location or relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments division or subdivisions thereof, and the right to establishrelocation or closing of offices, modify departments, divisions or change any educational sub-divisions, buildings, or administrative program or areaother facilities; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 513. To determine the financial policies, policies including all accounting procedures, and all matters pertaining to public relations; 614. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies the size of the Board management organization, its functions, authority, amount of Education as stated supervision, and table of organization; and B. The listing of specific management rights in Board of Education Policiesthis agreement is not intended to be, Board of Education minutes, the administrative rules/guidelinesnor shall it be restrictive of, or powers which heretofore a waiver of, any rights of management not listed and specifically surrendered herein, whether or not such rights have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. past. C. The exercise of the foregoing powers, rights, authoritiesduties, duties and responsibilities by the District, Board and the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be the exclusive prerogative of the Board except as limited only by the specific and express terms of this Agreement and then only to Agreement. D. In the extent such specific and express terms event that any provisions of this Agreement shall at any time be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree has not been appealed within the time provided for doing so, such provisions shall be void and inoperative and subject to renegotiations. However, all other provisions of this Agreement shall continue in effect. X. Xxxxxxxx to MCL 141.1501 to 141.1531, the parties agree that an emergency financial manager may reject, modify, or terminate the collective bargaining agreement as provided in the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. Provisions required by this subsection are in conformity with the Constitution and the laws prohibited subjects of the State of Michigan, and the Constitution and the laws of the United Statesbargaining under this act.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are clearly and constitution expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the State consequence of Michigan 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 the United States including, but without limiting the foregoingnot by way of limitation, the rightright to: 1. To Manage and control its business, its equipment and its operations and to direct the executive management working forces and administrative control affairs of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;Xxxxxxx School District. 2. To hire all employeesContinue its rights, policies and subject to the provisions practices of lawassignment and direction of its personnel, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeespersonnel and scheduling of all the foregoing, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement. 3. To hire, the location of programs promote, suspend and operationsdischarge employees, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative work force and to lay off employees, but not conflict with the provisions of this Agreement. 4. Adopt reasonable rules and regulations. 5. Determine the qualifications of employees, including physical conditions providing such selection shall be based on lawful criteria. 6. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or sub- divisions thereof and the relocation or closing of offices, departments, divisions or sub-divisions, buildings or other facilities. 7. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies. 8. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. 9. Determine the size of the management organization, its functions, authority, amount of supervision and its table of organization;, provided that the Board shall not abridge any rights from employees as specifically provided for in this Agreement. 410. To subcontract Determine the policy affecting the selection, or training of employees providing that such selection shall be based upon lawful criteria. B. The listing of specific management rights in line this Agreement is not intended to be nor shall be restrictive of or a waiver of any rights of management not listed and specifically surrendered. C. An emergency manager appointed under the Local Financial Stability and Choice Act shall be allowed to reject, modify, or terminate this collective bargaining agreement in accordance with the statutory rights given the Board under Public Act 112 Local Finance Stability and Choice Act. (Per Section 15 (7) of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United StatesPERA).

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfBoard, on its own behalf and on the behalf of the electors of the school districtDistrict, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it by the laws and constitution the Constitution of the State of Michigan Michigan, and of the United States States, including, but without limiting the generality of the foregoing, the right: 1. To the executive management and administrative control of the school system, system and its properties and facilities facilities, and the assigned school related activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;employees. 2. To hire all employees, employees and subject to the provisions of law, to determine assess their qualifications and capabilities, the conditions for their employment and continued employment, or their dismissal, discipline, suspension dismissal or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and or transfer all such employees;employee. 3. To manage establish grades and direct the work forcecourses of instruction, including special programs, and to provide for athletic recreational and social events for students, all as deemed necessary or advisable by the Board. 4. To decide upon the work to be performed means and how it is to be performedmethods of instruction, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreementtelecommunication, the location selection of programs textbooks and operationsother teaching materials and the use of teaching aids. The Board, through the Superintendent and the building principals, agrees to consult with employees through the grade level and departmental organizations. In the event a majority decision by employees cannot be reached, the meansBoard will make the final decision. 5. To determine class schedules, methods and processes of work, to determine the hours of employmentinstruction, and the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations;employees. 6. To determine policies the qualifications of an employee and operations and require employee to establish and revise policies, undergo medical examination in the event there is reasonable rules and regulations for employees; all policies cause to believe an employee is physically or medically unable to function effectively. The employee reserves the right to a second examination by the physician of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, his or powers which heretofore have been properly exercised by it, her choosing. All reasonable costs shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed be assumed by the Board. Any additions, subtractions or revisions, as made by The Board will provide the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by employee with a letter which states the Board. reason for such a request. B. The exercise of the foregoing powers, rights, authoritiesauthority, duties and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing therewith shall be limited only by the specific and express terms of this Agreement agreement and then only to the extent such specific and express terms of this Agreement hereof are in conformity conformance with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United States. C. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the Michigan General School Laws or any other national, state, county, District or local laws or regulations as they pertain to education. D. In the event of a claim of misinterpretation or misapplication of this agreement, the integrity of this Article shall be preserved and provide the paramount premise for interpretation or application of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are clearly and constitution expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the State consequence of Michigan 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 the United States including, but without limiting the foregoingnot by way of limitation, the rightright to: 1. To Manage and control its business, its equipment and its operations and to direct the executive management working forces and administrative control affairs of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;Xxxxxxx School District. 2. To hire all employeesContinue its rights, policies and subject to the provisions practices of lawassignment and direction of its personnel, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeespersonnel and scheduling of all the foregoing, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement. 3. To hire, the location of programs promote, suspend and operationsdischarge employees, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative work force and to lay off employees, but not conflict with the provisions of this Agreement. 4. Adopt reasonable rules and regulations. 5. Determine the qualifications of employees, including physical conditions providing such selection shall be based on lawful criteria. 6. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or sub- divisions thereof and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities. 7. Determine the placement of operations, production, service, maintenance, or distribution of work, and the source of materials and supplies. 8. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. 9. Determine the size of the management organization, its functions, authority, amount of supervision and its table of organization; 4. To subcontract in line with the statutory rights given , provided that the Board under Public Act 112 of shall not abridge any rights from employees as specifically provided for in this Agreement. 10. Determine the Public Acts of 1994 and other legal rights given policy affecting the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelinesselection, or powers which heretofore have been properly exercised by it, training of employees providing that such selection shall remain unaffected unless changed by be based upon lawful criteria. B. The listing of specific management rights in this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time is not intended to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing be nor shall be limited only by the specific restrictive of or a waiver of any rights of management not listed and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesspecifically surrendered.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The It is agreed that the Board hereby retains and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation and without prior negotiations with the Association, all the powers, rights, powersauthority, dutiesduties and responsibilities enumerated in the School Code of 1976, responsibilities and authority conferred upon and vested in it by the laws and constitution the Constitution of the State of Michigan and of the United States States, including, but and without limiting the generality of the foregoing, the rightrights to: 1. To the The executive management and administrative control of the school systemdistrict, its properties and properties, equipment, facilities and operation and to direct the activities and affairs of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or areaemployees; 2. To hire Hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension dismissal or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct Determine the size of the work force, force and to decide upon expand or reduce the work to be performed and how it is to be performed, including but not limited to the right to establishforce; 4. Establish, modify, or change any business work, business, or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreementdays; 5. To determine Decide upon the financial policiesmeans and methods of instruction, including all accounting procedurestelecommunications instruction, the selection of textbooks and all matters pertaining other teaching materials and the use of teaching aids of every kind and nature. The Board will consult with the teachers in affected areas with respect to public relationsthese matters; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutesDetermine class schedules, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreementhours of instruction, and in full force the duties, responsibilities, and effect unless changed by assignments of teachers with respect thereto and non-teaching school activities and the Boardterms and conditions of employment. The exercise of the foregoing powers, rights, authoritiesauthority, duties duties, and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent that such specific and express terms of this Agreement are in conformity conformance with the Constitution and the laws of the State of Michigan, Michigan and the Constitution and the laws of the United States. B. The express inclusion by an affirmative statement or delineation of any specific rights of the Board anywhere in the Agreement shall not by implication exclude or diminish those remaining rights and powers of the Board not so mentioned and hereby retained by the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfNorthern Michigan Education Association recognizes that the Board, on its own behalf and on behalf of the electors of the school district, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it (or not specifically withheld) by the laws Constitution and constitution by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States States, including, but without limiting the foregoing, generality of the right: 1. To right to establish policy for the executive management and administrative control of the school system, its properties and properties, its facilities and its personnel, as well as the activities of its workforce, including but not limited methods and means necessary to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise proper execution of the foregoing powersobligations, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing provided that such rights shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are exercised in conformity with the Constitution provisions of this agreement. B. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education. SECTION 2.1 - HIRING, VACANCIES, PROMOTIONS AND TRANSFERS A. Transfers shall be defined as either a voluntary or involuntary move from one position to another within the bargaining unit, including grade/level and subject area moves as well as changes in buildings. Transfers to vacancies shall be governed by the language pertaining to vacancies. B. A vacancy is a position that remains unfilled after all assignments are made. On vacant teaching and/or Schedule B positions, notices of such vacancies shall be posted electronically at least five working days prior to any external advertising of the State vacancy. Employees may sign a written request at the central office each contract year to receive a copy placed in their school mailbox during the school year and mailed to their last address on file during the summer. Said notification may be simultaneously sent to the Association President, staff members certified for the vacancy and to the public when the vacancy occurs after July 15th of Michiganany year. 1. Employees notified as designated in paragraph B shall have the responsibility of contacting the Superintendent, and indicating their interest in the Constitution and the laws said position, within five calendar days of such notification. Such position may not be filled in less than five (5) calendar days of the United Statespostmarked date by other than certified district employees.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains It is expressly agreed that all rights which ordinarily vest in and reserves unto itself, on its own behalf and on behalf of the electors of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it have been exercised by the laws Board, except those which are clearly and constitution expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the State consequence of Michigan 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 the United States including, but without limiting the foregoingnot by way of limitation, the rightright to: 1. To Manage and control its business, its equipment and its operations and to direct the executive management working forces and administrative control affairs of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;Xxxxxxx School District. 2. To hire all employeesContinue its rights, policies and subject to the provisions practices of lawassignment and direction of its personnel, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employeespersonnel and scheduling of all the foregoing, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement. 3. To hire, the location of programs promote, suspend and operationsdischarge employees, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative work force and to lay off employees, but not conflict with the provisions of this Agreement. 4. Adopt reasonable rules and regulations. 5. Determine the qualifications of employees, including physical conditions providing such selection shall be based on lawful criteria. 6. Determine the number and location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or sub-divisions thereof and the relocation or closing of offices, departments, divisions or sub-divisions, buildings or other facilities. 7. Determine the placement of operations, production, service, maintenance, or distribution of work, and the source of materials and supplies. 8. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. 9. Determine the size of the management organization, its functions, authority, amount of supervision and its table of organization; 4. To subcontract in line with the statutory rights given , provided that the Board under Public Act 112 of shall not abridge any rights from employees as specifically provided for in this Agreement. 10. Determine the Public Acts of 1994 and other legal rights given policy affecting the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelinesselection, or powers which heretofore have been properly exercised by it, training of employees providing that such selection shall remain unaffected unless changed by be based upon lawful criteria. B. The listing of specific management rights in this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time is not intended to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing be nor shall be limited only by the specific restrictive of or a waiver of any rights of management not listed and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesspecifically surrendered.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains Association recognizes that the Employer has the responsibility and reserves unto itselfauthority to adopt reasonable rules or policies, on its own behalf to manage and direct, on behalf of the electors public, operations and activities of the school district, without limitation all rights, powers, duties, responsibilities and authority vested in it Iron Mountain Public School District to the full extent authorized by the laws and constitution the Constitution of the State of Michigan and of the United States includingprovided that such rights and responsibilities shall be exercised by the Employer in conformity with the provisions of this Agreement. B. The Board recognizes its obligations pursuant to Act 379 of the Public Acts of 1965 to bargain collectively with respect to hours, wages and conditions of employment, to act in accordance with State School Law as amended by the Michigan Public Employee Relations Act, and the Michigan Revised School Code, as amended. C. The School District of the City of Iron Mountain is a general powers school district in accordance with Public Act 289 of 1995. The Districts general powers are permissive powers incidental or appropriate to the performance of a function related to the operation of the District in the interests of public education. The District may exercise a power incidental or appropriate to the performance of any function related to the operation of the School District in the interests of public elementary and secondary education including but without limiting the foregoing, the right: 1. To not limited to the executive management and administrative control of the school system, system and its properties and facilities and the activities of its workforce, including but not limited facilities; to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, employees and subject to the provisions of law, to determine their qualifications and the fitness for employment and conditions for their employment and continued employment, or their dismissal; to direct the working forces, including the right to promote, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work forcetransfer, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with work force; to determine the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, supplies and equipment necessary to continue operations and to determine the parties will meet methods and processes of carrying on the work; to renegotiate this section of the Master Agreement; 5. To determine the financial policies, policies including all accounting procedures, and all matters pertaining to public relations;; to determine the size of the management organization, its functions, authority and the amount of supervision needed for the district, to the contracting for, scheduling, supervision, or terminating employees, independent contractors, and others to carry out School District powers. A School District may indemnify its employees. 6. To determine policies D. Section 15(2) of PERA as amended by Act 112 provides: A Public School employer has the responsibility, authority and right to manage and direct on behalf of the public the operations and to establish and revise policies, reasonable rules and regulations for employees; all policies the activities of the public schools under its control. E. The Board shall determine the criteria for qualifications of Education as stated in all employee classifications whether existing or newly created. The Board shall also determine the qualifications of Education Policies, all employees and applicants within existing positions and seeking other positions. F. The Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed retains their rights granted to it by the Board. Any additions, subtractions or revisionsMichigan Public Employment Relations Act, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesamended.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfNorthern Michigan Education Association recognizes that the Board, on its own behalf and on behalf of the electors of the school district, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it (or not specifically withheld) by the laws Constitution and constitution by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States States, including, but without limiting the foregoing, generality of the right: 1. To right to establish policy for the executive management and administrative control of the school system, its properties and properties, its facilities and its personnel, as well as the activities methods and means necessary to the proper execution of the foregoing obligations, provided that such rights shall be exercised in conformity with the provisions of this agreement. B. Nothing contained herein shall be considered to deny or restrict the Board of its workforcerights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education. SECTION 2.1 - HIRING, VACANCIES, PROMOTIONS AND TRANSFERS A. Transfers shall be defined as either a voluntary or involuntary move from one position to another within the bargaining unit, including but not limited grade/level and subject area moves as well as changes in buildings. Transfers to vacancies shall be governed by the language pertaining to vacancies. The following factors will be considered in such transfer or change: 1. Teachers shall be contacted personally, thirty (30) calendar days prior to the right end of the semester, by the principal to determine discuss the placement transfer or change. The thirty (30) day period may be waived for emergency situations by mutual agreement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;both parties. 2. To hire all employees, and subject If a teacher is opposed to the provisions of lawinvoluntary transfer, to determine their qualifications and then the conditions teacher in that grade level or subject area with the least seniority in the district shall be the teacher transferred provided that he/she is certified for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees;position. 3. To manage and direct Transfers occurring during the work force, and school year due to decide upon the work to vacancies will be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies made effective by mutual consent of the Board of Education as stated and the Association. Filling of such vacancies will be on a seniority basis to commence no later than May 15 of the year in Board which the vacancy occurs provided that the applicant is certified for the position. 4. Mutual requests for voluntary transfers by bargaining unit members wishing to switch positions shall be granted with consent of Education Policies, Board of Education minutesthe principal(s) involved. Subject to certification, the administrative rules/guidelinesvoluntary transfer shall be granted unless the granting of same is inconsistent with the language pertaining to filling of vacancies. B. On all new and/or vacant teaching and/or Schedule B positions, notices will be placed in each teacher’s mailbox during the school year or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by mailed during the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreementrecesses, and personal notification given to the president of the Association at least five days prior to the public release making known said vacancy. Said notification may be simultaneously sent to the Association President, staff members certified for the vacancy and to the public when the vacancy occurs after August 20th of any year. First consideration in full force and effect unless changed by filling a vacancy will be given to applications from certified employees within the BoardDistrict. 1. An employee shall be allowed to fill a teaching vacancy or new positions before a new hire is considered so long as that employee holds proper certification. In the event the administration feels the change of position would create a problem, the administration shall request a meeting with the executive committee of the local Association to present rationale. The exercise decision of that committee shall determine placement of said teacher concerning the vacancy in question. 2. Certified and qualified employees who meet State and Federal guidelines and who have the greatest length of service to the district will be given preferences over other employees. 3. Employees notified as designated in paragraph B shall have the responsibility of contacting the Superintendent, indicating their interest in the said position, within five calendar days of such notification. Such position may not be filled in less than five (5) calendar days of the foregoing powers, rights, authorities, duties and responsibilities postmarked date by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the foregoing shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michigan, and the Constitution and the laws of the United Statesother than certified district employees.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. The Board retains and reserves unto itselfNorthern Michigan Education Association recognizes that the Board, on its own behalf and on behalf of the electors of the school district, hereby retains and reserves unto itself, without limitation limitation, all powers, rights, powersauthority, duties, duties and responsibilities conferred upon and authority vested in it (or not specifically withheld) by the laws Constitution and constitution by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States States, including, but without limiting the foregoing, generality of the right: 1. To right to establish policy for the executive management and administrative control of the school system, its properties and properties, its facilities and its personnel, as well as the activities methods and means necessary to the proper execution of the foregoing obligations, provided that such rights shall be exercised in conformity with the provisions of this agreement. B. Nothing contained herein shall be considered to deny or restrict the Board of its workforcerights, responsibilities, and authority under the Michigan General School laws or any other national, state, county, district, or local laws or regulations as they pertain to education. SECTION 2.1 - HIRING, VACANCIES, PROMOTIONS AND TRANSFERS A. Transfers shall be defined as either a voluntary or involuntary move from one position to another within the bargaining unit, including but not limited grade/level and subject area moves as well as changes in buildings. Transfers to vacancies shall be governed by the language pertaining to vacancies. The following factors will be considered in making any voluntary or involuntary transfer: 1. Teachers shall be contacted personally, thirty (30) calendar days prior to the right end of the semester, by the principal to determine discuss the placement transfer or change. The thirty (30) day period may be waived for emergency situations by mutual agreement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area;both parties. 2. To hire all employees, and subject If a teacher is opposed to the provisions of lawinvoluntary transfer, to determine their qualifications then the teacher in that grade level or subject area with the least seniority in the district shall be the teacher transferred provided that he/she is certified and highly qualified for the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees;position. 3. To manage and direct Transfers occurring during the work force, and school year due to decide upon the work to vacancies will be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies made effective by mutual consent of the Board of Education and the Association. Filling of such vacancies will be on a seniority basis to commence no later than the first day of the following semester of the year in which the vacancy occurs provided that the applicant is certified for the position. 4. Mutual requests for voluntary transfers by bargaining unit members wishing to switch positions shall be granted with consent of the principal(s) involved subject to highly qualified status. B. A vacancy is a position that remains unfilled after all assignments are made. On vacant teaching and/or Schedule B positions, notices of such vacancies shall be posted electronically at least five working days prior to any external advertising of the vacancy. Employees may sign a written request at the central office each contract year to receive a copy placed in their school mailbox during the school year and mailed to their last address on file during the summer. Said notification may be simultaneously sent to the Association President, staff members certified for the vacancy and to the public when the vacancy occurs after July 15th of any year. First consideration in filling a vacancy will be given to applications from certified and, if applicable, highly qualified employees within the District. 1. An employee shall be allowed to fill a teaching vacancy before a new hire is considered so long as stated in Board that employee holds proper certification and is highly qualified. In the event the administration feels the change of Education Policies, Board of Education minutesposition would create a problem, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, administration shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by request a meeting with the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. The exercise executive committee of the foregoing powers, rights, authorities, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereoflocal Association to present rationale, and the use of judgment and discretion in connection with executive committee shall make a recommendation to the foregoing Superintendent whose decision shall be limited only by final. 2. Certified and highly qualified employees who meet State and Federal guidelines and who have the specific and express terms greatest length of this Agreement and then only service to the extent district will be given preferences over other employees. 3. Employees notified as designated in paragraph B shall have the responsibility of contacting the Superintendent, indicating their interest in the said position, within five calendar days of such specific and express terms of this Agreement are notification. Such position may not be filled in conformity with the Constitution and the laws less than five (5) calendar days of the State of Michigan, and the Constitution and the laws of the United Statespostmarked date by other than certified district employees.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. Nothing in this Agreement shall be deemed to limit or restrict the Board in any way in the exercise of the function of management providing this action is not inconsistent with the terms of this Agreement. B. The Board retains shall review and reserves unto itselfanalyze continually the needs of the College so that all programs and expenditures will relate to educational excellence, on student needs, community service, quality faculty, and quality support staff. C. The Board of Trustees, in its own behalf and on behalf of the electors of the school districtDistrict, without limitation hereby retains and reserves unto itself all rights, powerspower, authorities, duties, and responsibilities conferred upon and authority vested in it by statute and the laws and constitution Constitution of the State of Michigan and the United States including, but without limiting the foregoing, the right:States. 1. To the executive management and administrative control of the school system, its properties and facilities and the activities of its workforce, including but not limited to the right to determine the placement of operations, the number and location, relocation and closing of its facilities, including the establishment or relocation of new schools, buildings, and departments and the right to establish, modify or change any educational or administrative program or area; 2. To hire all employees, and subject to the provisions of law, to determine their qualifications and the conditions for their employment and continued employment, or their dismissal, discipline, suspension or demotion; to determine the number of employees, including but not limited to bargaining unit members employed; to layoff and reduce the number of bargaining unit members employed and to promote and transfer all such employees; 3. To manage and direct the work force, and to decide upon the work to be performed and how it is to be performed, including but not limited to the right to establish, modify, or change any business or school hours or days not in conflict with the specific provisions of this Agreement, the location of programs and operations, the means, methods and processes of work, to determine the hours of employment, the schedules, duties, responsibilities and assignments of bargaining unit members and other employees with respect thereto, including without limitation the express right to assign and temporarily re-assign bargaining unit members as needed; and to determine the size of the administrative organization, its functions, authority, amount of supervision and its organization; 4. To subcontract in line with the statutory rights given the Board under Public Act 112 of the Public Acts of 1994 and other legal rights given the Board. Should Act 112 of the Public Acts of 1994 be amended as it pertains to the subcontracting of services, the parties will meet to renegotiate this section of the Master Agreement; 5. To determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; 6. To determine policies and operations and to establish and revise policies, reasonable rules and regulations for employees; all policies of the Board of Education as stated in Board of Education Policies, Board of Education minutes, the administrative rules/guidelines, or powers which heretofore have been properly exercised by it, shall remain unaffected unless changed by this Agreement and shall remain in full force and effect, unless and until changed by the Board. Any additions, subtractions or revisions, as made by the Board from time to time, shall become and remain unaffected by this Agreement, and in full force and effect unless changed by the Board. D. The exercise of the foregoing these rights, powers, rights, authorities, duties and responsibilities by the District, Board and the adoption of policies, such rules, regulations and practices in furtherance thereof, policies as it may deem necessary shall be con <tent with such statutory and the use of judgment constitutional provisions and discretion in connection shall be consistent with the foregoing terms of this Agreement, where applicable. A. Nothing contained within this Agreement shall be limited only construed to deny or restrict to any bargaining unit member rights he/she may have under the Michigan General School Laws or other applicable State or Federal laws or regulations. B. The bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such bargaining unit member. The private and personal life of any bargaining unit member is not within the appropriate concern or attention of the Employer unless it affects the work performance of the bargaining unit member. C. The Employer agrees that it will in no way discriminate against or between bargaining unit members covered by the specific and express terms this Agreement because of their Association activities, race, creed, religion, color, national origin or ancestry, age, sex, marital status, physical characteristics or handicap, or place of residence. D. The provisions of this Agreement and then only to the extent such specific and express terms of this Agreement are in conformity with the Constitution and the laws of the State of Michiganwages, hours, terms, and the Constitution conditions of employment shall be applied in a manner which is not arbitrary, capricious or discriminatory and the laws of the United Stateswithout regard to race, religion, ethnic origin, age, sex, handicap, physical characteristics, marital status, or sexual orientation.

Appears in 1 contract

Samples: Master Agreement

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