Common use of Rights, Powers and Authority Clause in Contracts

Rights, Powers and Authority. Any of the rights, powers and authority enjoyed by the University, prior to the State Employment Relations Board’s certification of Communication Workers of America as the exclusive bargaining representative for the bargaining unit, are retained; provided, however, that management’s rights shall not be exercised in a manner violative of any express provision of this Agreement. The University’s failure to exercise any of its rights or its failure to exercise such rights in a particular way shall not be considered a waiver of such rights. The University’s exercise of exclusive rights pursuant to this Section shall not be subject to prior negotiations with the Local Union. The University agrees to bargain the effects of management’s exercise of any of those rights regarding wages, and terms and conditions of employment. Nothing herein shall be construed as a waiver of the Union’s right to utilize the grievance procedure for any violation of any such provision of this Agreement.