Common use of Rights of the Parties Clause in Contracts

Rights of the Parties. 23.1 The Union retains all rights except as those rights are limited by the express and specific language of this written Agreement. Nothing anywhere in this Agreement shall be construed to impair the right of the Union to conduct its affairs in all particulars except as expressly and specifically modified by the express and specific language of this written Agreement. The Union and the Employer agree that nothing contained in this Agreement shall be construed as limiting the Union’s right to control its internal affairs and discipline its members who have violated the Union’s Constitution and Bylaws, or who have violated the terms of this Agreement. This Section is not intended and shall not be construed to authorize any conduct which is proscribed by the National Labor Relations Act. 23.2 Except as specifically limited herein, the Employer shall have the exclusive right to manage its business, to control and supervise all operations and direct all working forces, including but not limited to, the right to select and hire, discipline or discharge for justifiable cause, lay off, promote, transfer, or schedule employees, to control and regulate the use of all equipment, materials, tools and other property of the Employer, and to maintain discipline and efficiency among its employees. Pertaining exclusively to the Washington Association of Signatory Glazing Contractors, Inc. Collective Bargaining Agreement, discipline or discharge for justifiable cause shall be defined as the Employer’s judgment of unsatisfactory quality or quantity of work, unsatisfactory attendance and/or tardiness, lack of skills, misuse of paid time, and/or other unsatisfactory workplace-relevant behavior. The Employer retains discretion to determine the degree of discipline to apply or to waive based upon the Employer’s judgment and without precedent. The Employer will not exercise its judgment or discretion in an arbitrary or capricious manner. Justifiable cause will not apply to an employee who has less than fifteen (15) consecutive working days employment at the Company prior to the date of any discipline/discharge. 23.3 Supervisors or managers shall have the right to work at the trade within the shop only. Under this Section the number of people in these categories shall be determined, by the Employer and the Union, on an individual shop basis.

Rights of the Parties. 23.1 The Union retains all rights except as those rights are limited by the express and specific language of this written Agreement. Nothing anywhere in this Agreement shall be construed to impair the right of the Union to conduct its affairs in all particulars except as expressly and specifically modified by the express and specific language of this written Agreement. The Union and the Employer agree that nothing contained in this Agreement shall be construed as limiting the Union’s right to control its internal affairs and discipline its members who have violated the Union’s Constitution and Bylaws, or who have violated the terms of this Agreement. This Section is not intended and shall not be construed to authorize any conduct which is proscribed by the National Labor Relations Act. 23.2 Except as specifically limited herein, the Employer shall have the exclusive right to manage its business, to control and supervise all operations and direct all working forces, including but not limited to, the right to select and hire, discipline discipline, discharge or discharge for justifiable cause, lay off, promote, transfer, or schedule employees, to control and regulate the use of all equipment, materials, tools and other property of the Employer, Employer and to maintain discipline and efficiency among its employees. Pertaining exclusively to the Washington Association of Signatory Glazing Contractors, Inc. Collective Bargaining Agreement, discipline or discharge for justifiable cause shall be defined as the Employer’s judgment of unsatisfactory quality or quantity of work, unsatisfactory attendance and/or tardiness, lack of skills, misuse of paid time, and/or other unsatisfactory workplace-relevant behavior. The Employer retains discretion to determine the degree of discipline to apply or to waive based upon the Employer’s judgment and without precedent. The Employer will not exercise its judgment or discretion in an arbitrary or capricious manner. Justifiable cause will not apply to an employee who has less than fifteen (15) consecutive working days employment at the Company prior to the date of any discipline/discharge. 23.3 Supervisors Unless otherwise provided under Article 1, it is the intent and objective to the Company that “bargaining unit work” normally be performed by members of the bargaining unit. However, the parties recognize there may be occasions where a reasonable person would determine that the performance of “bargaining unit work” by non-unit individuals was the prudent course of action for the company to take. This understanding is to be utilized in “good faith”; it is not intended to be misused and/or abused or managers shall have to otherwise circumvent the right to work at the trade within the shop only. Under first sentence of this Section the number of people in these categories shall be determined, by the Employer and the Union, on an individual shop basisSection.

Rights of the Parties. 23.1 The Union retains all rights except as those rights are limited by the express and specific language of this written Agreement. Nothing anywhere in this Agreement 23-1 There shall be construed no reprisals taken against any Teacher by reason of his/ her membership in the Association or participation in its lawful activities, nor shall reprisals be taken against a Teacher as a result of his/her processing of a grievance. 23-2 The Board and SAU 90 shall, upon request, make available to impair the right Association Board information which is in the public domain. The Board also, from time to time, may make available additional pertinent Board information not in the public domain. Copies of all Board policies relative to the salaries, fringe benefits, conditions of employment, work rules, and student conduct will be available in each building to all Employees and posted on the School District website. 23-3 The Board agrees to make available by email to the President of the Union Seacoast Education Association one (1) copy of the agenda and minutes of Board meetings and one (1) copy to conduct its affairs in all particulars except as expressly and specifically modified by the express and specific language of this written Agreement. The Union and the Employer agree that nothing contained in this Agreement shall be construed as limiting the Union’s right to control its internal affairs and discipline its members who have violated the Union’s Constitution and Bylaws, or who have violated the terms of this Agreement. This Section is not intended and shall not be construed to authorize any conduct which is proscribed by the National Labor Relations Acteach building representative. 23.2 Except as specifically limited herein, the Employer shall have the exclusive right to manage its business, to control and supervise all operations and direct all working forces, including but not limited to, the right to select and hire, discipline or discharge for justifiable cause, lay off, promote, transfer, or schedule employees, to control and regulate the use of all equipment, materials, tools and other property 23-4 The Executive Committee of the Employer, and to maintain discipline and efficiency among its employees. Pertaining exclusively to the Washington Association of Signatory Glazing Contractors, Inc. Collective Bargaining Agreement, discipline or discharge for justifiable cause shall be defined as the Employer’s judgment of unsatisfactory quality or quantity of work, unsatisfactory attendance and/or tardiness, lack of skills, misuse of paid time, and/or other unsatisfactory workplace-relevant behavior. The Employer retains discretion to determine the degree of discipline to apply or to waive based upon the Employer’s judgment and without precedent. The Employer will not exercise its judgment or discretion in an arbitrary or capricious manner. Justifiable cause will not apply to an employee who has less than fifteen (15) consecutive working days employment at the Company prior to the date of any discipline/discharge. 23.3 Supervisors or managers shall have the right to work at place notices, circulars and other materials in Teachers’ mailboxes, provided that such materials shall not relate to any local, state, or national political matter of a non-educational nature, or any partisan political electioneering matter. The Executive Committee shall take steps to ensure that any information which is placed in Teachers’ mailboxes shall not be slanderous, libelous, or in any way flagrantly harmful to the trade within school, its professional staff, or any other individual or group either personally or as a group. 23-5 The Board, subject only to the shop onlylanguage of this Agreement, reserves to itself full jurisdiction and authority over matters of policy and retains the right, in accordance with applicable laws and regulations, to direct and manage all activities of the District. Under this Section In a bona fide emergency affecting the number health, safety or welfare of people the students of the school, the Board may take whatever actions it deems necessary to carry out the mission of the District in these categories said emergency. 23-6 The parties understand that the Board may not lawfully delegate the power or authority which by law is vested in it, nor may the Superintendent lawfully delegate the power or authority which by law is vested in him/her. This Agreement shall not be determined, by construed so as to constitute a delegation of the Employer and the Union, on an individual shop basispower or authority of either.

Rights of the Parties. 23.1 21.1 The Union retains all rights except as those rights are limited by the express and specific language of this written Agreementagreement. Nothing anywhere in this Agreement agreement shall be construed to impair the right of the Union to conduct its affairs in all particulars except as expressly and specifically modified by the express and specific language of this written Agreementagreement. The Union and the Employer agree It is further agreed that nothing contained in this Agreement agreement shall be construed as limiting the Union’s right to control its internal affairs and discipline its members who have violated the Union’s Constitution and BylawsBy- laws, or who have violated the terms of this Agreementagreement. This Section section is not intended and shall not be construed to authorize any conduct which is proscribed by the National Labor Relations Act. 23.2 Except as 21.2 The Employer expressly and exclusively retains all rights to manage and direct the operations except to the extent such rights are specifically limited herein, or modified by the Employer shall have explicit provisions of this Agreement. Nothing in this Agreement is intended to limit the Employer’s sole and exclusive right to manage its business, to control and supervise all operations the business and direct all its working forces, including but (by way of example only and not limited toby way of limitation), the right to select establish new jobs, eliminate old jobs and hire, discipline or discharge for justifiable cause, lay off, promote, transfer, or schedule employeesincrease the number of jobs, to control and regulate set rates of pay during the use term of all equipment, materials, tools and other property of the Employer, and to maintain discipline and efficiency among its employees. Pertaining exclusively to the Washington Association of Signatory Glazing Contractors, Inc. Collective Bargaining this Agreement, discipline or discharge for justifiable cause shall be defined as the Employer’s judgment of unsatisfactory quality or quantity of work, unsatisfactory attendance and/or tardiness, lack of skills, misuse of paid time, and/or other unsatisfactory workplace-relevant behavior. The Employer retains discretion to determine the degree products and methods and means of discipline manufacture, including the introduction of new or improved methods, processes and facilities, the right to apply contract or to waive based upon the Employer’s judgment and without precedent. The Employer will not exercise its judgment subcontract for goods or discretion in an arbitrary or capricious manner. Justifiable cause will not apply to an employee who has less than fifteen (15) consecutive working days employment at the Company prior to the date services of any kind, the right to schedule and assign work, transfer and lay off employees and discipline/discharge, suspend and discharge them for cause, the right to extend, maintain, curtail or terminate the operations of the Employer and determine the size, location and relocation of the plant facilities, the right to determine the quality of workmanship required and maintain performance records for all jobs, the right to establish and require employees to observe reasonable rules and regulations, the right to determine the number and starting times of shifts and numbers of persons to be actively employed, and so on without limitation except as provided above. 23.3 Supervisors 21.3 Any individual employer, or their supervisors or managers shall have the right to work at the trade within the shop only. Under this Section section the number of people in these categories shall be determined, by the Employer and the Union, on an individual shop basis.