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 clearly and 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 consequence of such rights or with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control its business, its equipment and its operations and to direct the working forces and affairs of the Xxxxxxx School District. 2. Continue its rights, policies and practices of assignment and direction of its personnel, determine the number of personnel and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement. 3. To hire, promote, suspend and discharge employees, determine the size of the work force and to layoff 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 of or relocation 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 table of organization, provided that the board shall not abridge any rights from employees as specifically provided for in this Agreement. 10. 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 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.

Appears in 4 contracts

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

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RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the boardBoard, except those which are clearly and expressly relinquished herein by the boardBoard, 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 consequence of such rights or with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:Board. 1. Manage The executive management and administrative control of the school system and its businessproperties, its facilities, equipment and the activities of its operations and to direct the employees' working forces and affairs of the Xxxxxxx School Districthours. 2. Continue its rights, policies Hire all employees and practices of assignment and direction of its personnel, determine subject to the number of personnel and scheduling of all the foregoing, but not in conflict with the specific provisions of law and this AgreementAgreement to determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, lay-off or demotion and to promote and transfer all such employees. 3. To hire, promote, suspend Establish levels and discharge employees, determine the size courses of the work force instructions including special programs and to layoff employeesprovide for athletic, but not conflict with recreational and social events for students as deemed necessary or advisable by the provisions of this AgreementBoard. 4. Adopt reasonable rules Decide upon the means and regulationsmethods of instruction, the selection of textbooks and other teaching materials and the use of teaching aids of every kind and nature. Recommendations of the building and/or district committee(s) and the Central Curriculum Committee shall be heard by the Board. All building and district committees shall follow the district procedures for curriculum proposals. 5. Determine the qualifications services, supplies and equipment necessary to continue its operation and to determine all methods and means of employeesdistributing, disseminating and/or selling its services, methods, schedules and standards of operation; the means, methods and processes of carrying on the work including physical conditions, providing such selection shall be based on lawful criteriaautomation or contracting thereof or changes therein and the institution of new and/or improved methods or changes therein. 6. Adopt rules and regulations. 7. Determine the number and location locations or relocation of its facilities, including the establishment of or relocation relocations of new schools, school buildings, departments, divisions or sub-divisions subdivisions thereof and the relocation or closing of offices, departments, divisions or sub-divisionssubdivisions, buildings or other facilities. 7. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and suppliesfacilities thereof. 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 board Board shall not abridge any rights from employees as specifically provided for in this Agreement. 109. Determine the policy affecting the selectionselection of employees, or training of employees providing that such selection shall be based upon lawful criteria. B. The matters contained in this Agreement and/or 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 right and responsibilities as conferred under The School Code and Tenure Laws are preserved. D. The listing of specific management rights in this Agreement is not intended to be be, nor shall it be restrictive of or a waiver of any rights of management not listed and specifically surrenderedsurrendered herein whether or not such rights have been exercised by the Board in the past.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Interim Operating Rules

RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the boardBoard, except those which are clearly and expressly relinquished herein by the boardBoard, shall continue to vest exclusively in and be exercised exclusively by the board Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such rights or with respect to the consequence of such action during the term of this Agreement or the effects of such action. The above are not to be interpreted as abridging or conflicting with any specific provision of this Agreement. Such rights shall include, include by way of illustration and not by way of limitation, the right to: 1. Manage and control its business, its equipment equipment, properties, facilities and its operations and to direct the working forces and affairs of the Xxxxxxx School Districtschool district. 2. Continue its rights, policies and practices of assignment and direction of its personnel, to determine qualifications and the conditions for continued employment, determine the number of personnel and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business or school hours or days. 3. To The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or other duties to employees, including hours of work, working schedules and overtime work, determine the size of the work force and to layoff lay off employees, but not conflict with the provisions of this Agreement. 4. Determine the 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 means, methods and processes of carrying on the work including automation or contracting thereof or changes therein or 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. 56. Determine the qualifications of employees, including physical conditions, providing such selection shall be based on lawful criteria. 67. Determine the number and location or relocation of its facilities, including the establishment of or relocation of new schools, buildings, departments, divisions or sub-divisions subdivisions thereof and the relocation or closing of offices, departments, divisions or sub-divisionssubdivisions, buildings or other facilities. 78. Determine the placement of operations, production, service, service maintenance or distribution of work, work and the source of materials and supplies. 89. Determine the financial policies, including all accounting procedures and all matters pertaining to public relations. 910. Determine the size of the management organization, its functions, authority, amount of supervision and table of organizationorganizations, provided that the board Board shall not abridge any rights from employees as specifically provided for in this Agreement. 10. 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 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.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the boardBoard, except those which are clearly and expressly relinquished herein by the boardBoard, 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 consequence of such rights or with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:Board. 1. Manage The executive management and administrative control its business, its equipment of the school system and its operations properties, facilities, equipment, and to direct the activities of its employees' working forces and affairs of the Xxxxxxx School Districthours. 2. Continue its rights, policies Hire all employees and practices of assignment and direction of its personnel, determine subject to the number of personnel and scheduling of all the foregoing, but not in conflict with the specific provisions of law and this AgreementAgreement to determine their qualifications and the conditions for their continued employment, their placement or their dismissal, suspension, lay-off or demotion and to promote and transfer all such employees. 3. To hire, promote, suspend Establish levels and discharge employees, determine the size courses of the work force instructions including special programs and to layoff employeesprovide for athletic, but not conflict with recreational, and social events for students as deemed necessary or advisable by the provisions of this AgreementBoard. 4. Adopt reasonable rules Decide upon the means and regulationsmethods of instruction, the selection of textbooks and other teaching materials and the use of teaching aids of every kind and nature. Recommendations of the building and/or district committee(s) and the Central Curriculum Committee shall be heard by the Board. All building and district committees shall follow the district procedures for curriculum proposals. 5. Determine the qualifications services, supplies and equipment necessary to continue its operation and to determine all methods and means of employeesdistributing, disseminating and/or selling its services, methods, schedules, and standards of operation; the means, methods and processes of carrying on the work including physical conditions, providing such selection shall be based on lawful criteriaautomation or contracting thereof or changes therein and the institution of new and/or improved methods or changes therein. 6. Adopt rules and regulations. 7. Determine the number and location locations or relocation of its facilities, including the establishment of or relocation relocations of new schools, school buildings, departments, divisions divisions, or sub-divisions subdivisions thereof and the relocation or closing of offices, departments, divisions or sub-divisionssubdivisions, buildings buildings, or other facilities. 7. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and suppliesfacilities thereof. 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 board Board shall not abridge any rights from employees as specifically provided for in this Agreement. 109. Determine the policy affecting the selectionselection of employees, or training of employees providing that such selection shall be based upon lawful criteria. B. The matters contained in this Agreement and/or 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 right and responsibilities as conferred under The School Code and Tenure Laws are preserved. D. The listing of specific management rights in this Agreement is not intended to be be, nor shall it be restrictive of or a waiver of any rights of management not listed and specifically surrenderedsurrendered herein whether or not such rights have been exercised by the Board in the past.

Appears in 1 contract

Samples: Master Agreement

RIGHTS OF THE BOARD. A. It is expressly agreed The Association recognizes that the Board has responsibility and authority to manage and direct, in behalf of the public, all the operations and activities of the School District to the full extent authorized by law, provided that such rights which ordinarily vest in and have been responsibilities shall be exercised by the board, except those which are clearly and expressly relinquished herein by the board, shall continue to vest exclusively Board in and be exercised exclusively by the board without prior negotiations conformity with the Association either as to the taking of action under such rights or with respect to the consequence of such rights or with respect to the consequence of such action during the term provisions of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. A. Manage and control its the school's business, its the equipment and its the operations and to direct the working forces and affairs of the Xxxxxxx School Districtemployer. 2. Continue B. Exercise its rights, policies and practices rights of assignment and direction of work to all of its personnel, determine the number of personnel shifts and hours of work and starting time, and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days. 3. To C. Direct the working forces, including the right to hire, promote, suspend and discharge employees, determine the size of the work force and to layoff employees, but lay off Bargaining Unit Member as long as such action does not conflict with the terms and provisions of this Agreement. 4. D. Determine the qualifications of Bargaining Unit Member in accordance with State Law. E. Determine the policy affecting the selection and training of Bargaining Unit Member, provided that such selection shall be based upon lawful criteria. F. 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, the institution of new and/or improved methods or changes therein. G. Adopt reasonable rules and regulations. 5. Determine the qualifications of employees, including physical conditions, providing such selection shall be based on lawful criteria. 6. H. Determine the number and location or relocation of its facilities, including the establishment of or relocation of new schools, buildings, departments, divisions or sub-divisions subdivision thereof and the relocation or closing of offices, departments, divisions or sub-divisionssubdivisions, buildings or other facilities. 7. I. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies. 8. J. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations. 9. K. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, organization provided that the board employer shall not abridge any rights from employees Bargaining Unit Member as specifically provided for in this Agreement. 10. 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 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.

Appears in 1 contract

Samples: Master Agreement

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RIGHTS OF THE BOARD. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the boardBoard, except those which are clearly and expressly relinquished herein by the boardBoard, shall continue to vest exclusively in in, and be exercised exclusively by by, the board Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such rights or with respect to the consequence consequences of such action during the term of this Agreement. Such rights shall include, include by way of illustration illustration, and not by way of limitation, the right toright: 1. Manage To the executive management and administrative control of the school system and its businessproperties, its facilities, equipment and activities of its operations and to direct the employees during employee working forces and affairs of the Xxxxxxx School Districthours. 2. Continue its rightsTo hire all employees and, policies and practices of assignment and direction of its personnel, determine subject to the number of personnel and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreementlaw, to determine their qualifications and the conditions of their continued employment, their placement, or their dismissal, suspension, layoff, or demotion and promote or transfer all such employees. 3. To hireestablish levels and courses of instruction including special programs and provide for athletic, promote, suspend recreational and discharge employees, determine social events for students all as deemed necessary or advisable by the size of the work force and to layoff employees, but not conflict with the provisions of this AgreementBoard. 4. Adopt reasonable To decide upon courses of instruction, the selection of textbooks, and other teaching materials and the use of teaching aids of every kind and nature. 5. To determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of distributing, disseminating and/or selling of services, methods, schedules, and standards of operation, the means, methods, and process of carrying on the work, including automation or contracting thereof or changes therein, and the institution of new and/or improved methods or changes therein. 6. To adopt rules and regulations. 57. Determine the qualifications of employees, including physical conditions, providing such selection shall be based on lawful criteria. 6. Determine To determine the number and location or relocation of its facilities, facilities including the establishment of or relocation of new schools, buildings, departments, divisions divisions, or sub-divisions subdivisions thereof and the relocation or closing of offices, departments, divisions divisions, or sub-divisionssubdivisions, 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 To determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the board Board shall not abridge any rights from employees as specifically provided for in this Agreement. 109. Determine To determine the policy affecting the selection, testing, or training of employees providing that such selection shall be based upon lawful criteria. B. The above are not to be interpreted as abridging or conflicting with any specific provision in this Agreement. The listing of specific management rights in this Agreement is not intended to be be, nor shall it be restrictive of of, or a waiver of of, any rights of management not listed and specifically surrenderedsurrendered herein, whether or not such rights have been exercised by the Board in its past.

Appears in 1 contract

Samples: Master Agreement

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 boardBoard, shall continue to vest exclusively in and be exercised exclusively by the board Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such rights or with respect to the consequence of such action during the term of this Agreement. Such rights shall include, include by way of illustration and not by way of limitation, the right to: 1. Manage and control its the school District's business, its equipment the equipment, and its the operations and to direct the working forces and affairs of the Xxxxxxx School DistrictEmployer. 2. Continue its rights, policies and practices right of assignment and direction of work to all of its personnel, determine the number of personnel shifts and hours of work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business hours or days. 3. To Direct the professional personnel, including the right to hire, promote, suspend suspend, layoff, and discharge employees, determine the size of the work force and to layoff employees, but not conflict with the provisions of this Agreement. 4. Adopt reasonable rules and regulations. 5. Determine the qualifications qualification 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 of or relocation relocations of new schools, buildings, departments, divisions or sub-divisions thereof and the relocation or closing of offices, departments, divisions or sub-divisionssubdivisions, 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 relationspractices. 9. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, organization provided that the board Employer shall not abridge any rights from employees as specifically provided for in this Agreement. 10. Determine the policy affecting the selection, selection or training of employees providing employees, provided that such selection shall be based upon lawful criteria. 11. Determine the educational program, curriculum, and staffing requirements, (including the assignment of bargaining unit work to non- bargaining unit members and the subcontracting of bargaining unit work. B. The listing exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific management rights in and express terms of this Agreement is not intended and then only to be nor shall be restrictive the extent such specific and express terms hereof are in conformance with the Constitution and laws of or a waiver the State of any rights Michigan, and the Constitution and laws of management not listed and specifically surrenderedthe United States.

Appears in 1 contract

Samples: Ea Contract

RIGHTS OF THE BOARD. A. It is expressly agreed The Association recognizes that the Board has responsibility and authority to manage and direct, on behalf of the public, all the operations and activities of the school District to the full extent authorized by law, provided that such rights which ordinarily vest in and have been responsibilities shall be exercised by the board, except those which are clearly and expressly relinquished herein by the board, shall continue to vest exclusively Board in and be exercised exclusively by the board without prior negotiations conformity with the Association either as to the taking of action under such rights or with respect to the consequence of such rights or with respect to the consequence of such action during the term provisions of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. A. Manage and control its the school's business, its the equipment and its the operations and to direct the working forces and affairs of the Xxxxxxx School Districtemployer. 2. Continue B. Exercise its rights, policies and practices rights of assignment and direction of work to all of its personnel, determine the number of personnel shifts and hours of work and starting time, and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days. 3. To C. Direct the working forces, including the right to hire, promote, suspend and discharge employees, determine the size of the work force and to layoff employees, but lay off Bargaining Unit Members as long as such action does not conflict with the terms and provisions of this Agreement. 4. D. Determine the qualifications of Bargaining Unit Members in accordance with State Law. E. Determine the policy affecting the selection and training of Bargaining Unit Members, provided that such selection shall be based upon lawful criteria. F. 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, the institution of new and/or improved methods or changes therein. G. Adopt reasonable rules and regulations. 5. Determine the qualifications of employees, including physical conditions, providing such selection shall be based on lawful criteria. 6. H. Determine the number and location or relocation of its facilities, including the establishment of or relocation of new schools, buildings, departments, divisions or sub-divisions subdivision thereof and the relocation or closing of offices, departments, divisions or sub-divisionssubdivisions, buildings or other facilities. 7. I. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies. 8. J. Determine the financial policies, including all accounting procedures procedures, and all matters pertaining to public relations. 9. K. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, organization provided that the board employer shall not abridge any rights from employees Bargaining Unit Members as specifically provided for in this Agreement. 10. 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 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.

Appears in 1 contract

Samples: Master Agreement

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