Common use of RIGHTS OF THE BOARD Clause in Contracts

RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are expressly relinquished herein by the Board shall continue to vest exclusively in and be exercised exclusively by the Board, including the right to: 1. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during working hours. 2. Hire all employees and subject to the provision of the law and this Agreement to determine their qualifications and the conditions for their continued employment, their placement, dismissal, suspension, layoff, or demotion, and to promote and transfer all such employees. 3. Determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of operation. 4. Adopt rules and regulations. 5. Determine the number of locations or relocation of its facilities, including the establishment or relocation of new school buildings. 6. Determine the size of the management organization, its functions, authority, amount of supervision, and table of organization, provided that the Board shall not abridge any rights from employees as specifically provided in this Agreement. 7. Determine the policy affecting the selection of employees providing that such selection shall be based upon lawful criteria. 8. Determine the hours of employment and the duties, responsibilities, 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. Duties, responsibilities, and assignments shall be determined with respect to other negotiated contracts. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the terms of this Agreement unless by mutual consent. C. Nothing in this Agreement shall be construed to limit the 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 Revised School Code. 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 specifically surrendered herein.

RIGHTS OF THE BOARD. A. Section 1: It is expressly agreed that all rights which are ordinarily vest vested in and have been exercised by the Board, Board except those which are clearly and expressly relinquished in other sections herein by the Board Board, shall continue to vest be vested exclusively in and be exercised exclusively by the Board, including . Such rights shall include by way of illustration the right to: 1. The executive management a. Manage and administrative control of the school system and its propertiesschool's business, facilities, the equipment, and the activities operations and to direct the working forces and affairs of its employees during working hoursthe employer. 2. Hire all b. Continue its rights and past practices of assignment and direction of work to its personnel. c. The right to direct the working forces, including the right to hire, promote, suspend, and discharge employees, transfer employees, assign work or extra duties of employees (if above the employee's classification, such assignments will be temporary and subject to of a short duration) determine the provision size of the law and this Agreement to determine their qualifications and the conditions for their continued employment, their placement, dismissal, suspension, layoff, or demotion, work force and to promote and transfer all such lay off employees. 3. d. Determine the services, supplies, supplies and equipment necessary to continue its operation operations and to determine all methods the methods, schedules and means standards of operation, the means, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods of change therein. 4. e. Adopt reasonable rules and regulations. 5. f. Determine the qualifications of employees. g. Determine the number of and locations or relocation of its facilities, including the establishment or relocation relocations of new school buildingsschools, departments, divisions or subdivisions, buildings or other facilities. 6. h. Determine the placement of operations, production, service, maintenance or distribution of work, and the sources of materials and supplies. i. Determine the financial policies, including all accounting procedures, regarding Board actions. j. Determine the size of the management management, organization, its functionsfunction, authority, amount of supervision, and table of organization. k. Determine the policy affecting the selection, provided testing or training of employees. l. To change, alter, modify its methods of operation, direction and supervision of the work force, policies and practices, so long as such change, alteration or modification does not violate the express terms of this contract, or does not violate a binding customary or past practice which limits the Board's managerial discretion. In this connection, it is expressly understood that in order for a customary or past practice to be binding on the Board, the practice must be one which: (1) confers a benefit of particular personal value to the employee; and (2) has been followed consistently over a period of time sufficiently long that employees may reasonably expect it to continue as a permanent employment condition; and (3) to which both the Board and Association have mutually accepted as a fixed condition of employment. Section 2: The employer shall not abridge any rights from of the employees of the Association as specifically provided for in this Agreement. 7agreement or by law. Determine the policy affecting Methods used in the selection or determination of employees providing that such selection the foregoing statements shall be based upon lawful criteria. 8. Determine the hours of employment and the duties, responsibilities, 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. Duties, responsibilities, and assignments shall be determined with respect to other negotiated contracts. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the terms of this Agreement unless by mutual consent. C. Nothing in this Agreement shall be construed to limit the 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 Revised School Code. 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 specifically surrendered herein.

RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the BoardBoard of Education, except those which are clearly and expressly relinquished herein by the Board Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include by way of illustration and not by way of limitation, including the right to:. 1. The executive management Manage and administrative control the business of the school system and its propertiesdistrict, facilities, the equipment, and the activities operations and to direct the working forces and affairs of its employees during working hoursthe Board of Education. 2. Hire Continue its rights and past practice of assignment and direction of work to all employees of its personnel, determine hours of work or days and subject to starting times and scheduling of all the provision foregoing, but not in conflict with the specific provisions of the law and this Agreement to determine their qualifications and the conditions for their continued employment, their placement, dismissal, suspension, layoff, or demotion, and to promote and transfer all such employeesagreement. 3. The right to hire, promote, suspend and discharge teachers, transfer teachers, assign work or extra duties to teachers (if above the teacher’s classification, such assignment will be temporary and of a short duration), determine the size of the work force. 4. Determine the services, services supplies, and equipment necessary to continue its operation operations and to determine all methods the methods, schedules and means standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein. 45. Adopt reasonable rules and regulations. 56. Determine the number of locations and location or relocation of its facilities, including the establishment or relocation of new school buildingsschools, buildings and departments. 67. Determine the placement of operations production techniques to increase learning capacity, distribution of work, and source of materials and supplies. 8. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations as they relate to the school district. 9. Determine the size of the management administrative organization, its functions, authority, amount of supervision, supervision and table of organization, organization provided that the Board of Education shall not abridge any rights from employees teachers as specifically provided for in this Agreement. 710. Determine the policy affecting the selection selection, or in-service training of employees teachers, providing that such selection shall be based upon lawful criteria. 8. Determine B. The exercise of the hours foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of employment policies, rules, regulations and the duties, responsibilities, and assignments of employees with respect theretopractices in furthermore thereof, and the terms use of judgment and conditions of employment which discretion in connection therewith shall be expressed verbally or in writing to all employees at limited only by the time of employment. Duties, responsibilities, specific and assignments shall be determined with respect to other negotiated contracts. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the express terms of this Agreement unless by mutual consent. C. Nothing and then only to the extent such specific and express terms hereof in this Agreement shall be construed to limit conformance with the powers Constitution and responsibilities conferred upon the Board or the Superintendent under the laws or Constitution of the State of Michigan, specifically and the rights Constitution and responsibilities as conferred under laws of the Revised School Code. D. The listing United States. Nothing contained in Article III shall deprive the Association of specific management rights in this Agreement is not intended to be, nor shall it be restrictive of, or a waiver of, any rights afforded to it under Act 379 of management not listed and specifically surrendered hereinPublic Acts of 1965.

RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest are vested in and have been exercised by the Board, except those which are expressly relinquished herein by the Board Board, shall continue to vest exclusively in and be exercised exclusively by the Board, Board including the right to: 1. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during working hours. 2. Hire all employees and subject to the provision of the law and this Agreement to determine their qualifications and the conditions for their continued employment, their placement, placement or their dismissal, suspension, layoff, or demotion, and to promote and transfer all such employees. 3. Determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of operation. 4. Adopt rules and regulations. 5. Determine the number of locations or relocation of its facilities, including the establishment or relocation of new school buildings. 6. Determine the size of the management organization, its functions, authority, amount of supervision, and the table of organization, provided that the Board shall not abridge any rights from employees as specifically provided in this Agreement. 7. Determine the policy affecting the selection of employees providing that such selection shall be based upon lawful criteria. 8. Determine the hours of employment and the duties, responsibilities, and assignments of employees with respect thereto, and the terms and conditions condition of employment which shall be expressed verbally or in writing to all employees at the time of employment. Duties, responsibilities, and assignments shall be determined with respect to other negotiated contracts. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the terms of this Agreement unless by mutual consent. C. Nothing in this Agreement shall be construed to limit the 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 Revised School Code. 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 specifically surrendered herein. E. If an Emergency Financial Manager is appointed by the State under PA 4 of 2011, Fiscal Accountability Act, the Emergency Manager may reject, modify, or terminate the Collective Bargaining Agreement in his/her sole discretion. This authority is a prohibited subject of bargaining under the Public Employment Relations Act (PERA).