STATE’S RIGHTS. A. Except for those rights which are abridged or limited by this Contract, all rights are reserved to the State.
B. Consistent with this Contract, the rights of the State shall include, but not be limited to, the right to determine the mission of its constituent departments, commissions, and boards; to maintain efficiency of State operation; to set standards of service; to determine, consistent with Article VII of the Constitution, the Civil Service Act, and rules pertaining thereto, the procedures and standards of selection for employment and promotion, layoff, assignment, scheduling and training; to determine the methods, means, and personnel by which State operations are to be conducted; to take all necessary action to carry out its mission in emergencies; to exercise control and discretion over the merits, necessity, or organization of any service or activity provided by law or executive order. The State has the right to make reasonable rules and regulations pertaining to employees consistent with this Contract, provided that any such rule shall be uniformly applied to all affected employees who are similarly situated.
C. This Article is not intended to, nor may it be construed to, contravene the spirit or intent of the merit principle in State employment, nor limit the rights of State Civil Service employees provided by Article VII of the State Constitution or bylaws and rules enacted thereto. Any matters which concern the application of the merit principle to State employees are exclusively within the purview of those processes provided by Article VII of the State Constitution or bylaws and rules enacted thereto.
STATE’S RIGHTS. A. Except for those rights which are abridged or limited by this Contract, all rights are reserved to the State.
STATE’S RIGHTS. In connection with any pricing update, the State reserves the right to: request additional information; reject pricing updates; remove Products from Contracts; remove Products from Contract updates; or request additional discounts for new or existing Products.
STATE’S RIGHTS. A. Except as expressly abridged by any provision of this Agreement, the State and the Departments reserve and retain all of their normal and inherent rights with respect to management of their affairs in all respects in accordance with their responsibilities, whether exercised or not, including, but not limited to, the rights to determine and, from time to time, to redetermine the number, location, and type of work forces, facilities, operations, and the methods, processes and equipment to be employed; the scope of services to be performed, the method of service, assignment of duties, and the schedule of work time and work hours, including overtime; to contract and sub-contract existing and future work; to discontinue conduct of their mission or operations in whole or in part; to determine whether and to what extent the work required in their operations shall be performed by employees covered by this Agreement; to transfer work from or to, either in whole or in part, any of the work forces or facilities and locations; to determine the number, types and classification of positions or employees assigned to program or project unit; to establish and change work schedules, assignments and facilities locations; to hire, transfer, promote and demote employees; to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to suspend, discharge or discipline employees; to alter, discontinue or vary past practices and otherwise to take such measures as the employer may determine to be necessary for the orderly, efficient and economical operation of CDCR.
B. The State has the sole authority to determine the purpose, mission and title of the Departments and the amount and allocations of the budget.
STATE’S RIGHTS. 4.1 State’s Rights 11
5.1 No Strike 11 5.2 No Lockout 12 5.3 Individual Agreements Prohibited 12 5.4 Savings Clause 12 5.5 Reprisals 12 5.6 Supersession 12 5.7 Non-Discrimination 16 5.8 Sexual Harassment 16 5.9 INTENTIONALLY EXCLUDED 17 5.10 Labor/Management Committees 17 5.11 Dignity Clause 17 5.12 Upward Mobility Program 17
5.13.1 Correctional Case Records Analyst Workload Committee (Unit 1) 17 5.13.14 Labor/Management Committee – OSP (Unit 14) 18 5.14 Joint Labor/Management Committee – Model Policy 18 5.14.14 BU 14 Upward Mobility Joint Labor/Management Committee (Unit 14) 19 5.15.3 Joint Labor Management Committee California Beginning Teacher Support and Assessment (BTSA) (Unit 3) 19 5.15.11 Joint Labor Management Committee (JLMC) (Unit 11) 19 5.16.1 Disability Determination Services(DDSD) Joint Labor Management Committee (Unit 1) 20 5.16.4 Disability Determination Services (DDSD) Joint Labor Management Committee (Unit 4) 20 5.16.15 Custodian Classification Study (Unit 15) 21 5.17.1 Recruitment and Retention Committee (Unit 1) 21
STATE’S RIGHTS. (Pages 14–16)
STATE’S RIGHTS. 1.1. The State reserves the right for any reason, at any time and from time to time, to (in whole or in part) cancel the Scheme or to (in whole or in part) vary, supplement, supersede or replace the Scheme or these Terms and Conditions.
1.2. If the State exercises its rights under clause 1.1, then:
(a) the State will advise each Applicant and Landlord that it has done so; and
(b) neither the Applicant nor the Landlord will have any recourse against any State Party whatsoever including, without limitation, with respect to claims for any costs or expenses incurred by the Applicant or the Landlord in applying for funding through this Scheme.
1.3. The State is under no obligation to approve any Application and may reject any Application at the State's absolute discretion, including:
(a) if an Applicant, Landlord or Application fails to comply with the requirements of this Scheme;
(b) if an Application is incomplete or contains information or representations that are false or misleading;
(c) if the State decides to cancel the Scheme, or exercise any other right referred to in clause 1.1
1.4. After an Application is received, the State may request additional information from the Applicant or the Landlord in relation to the content of its Application for the purpose of clarifying or assessing the Application. The Applicant or the Landlord (as applicable) must comply with such request.
1.5. The Landlord agrees for the benefit of the State and each Affected Tenant that any funding provided by the State to the Landlord pursuant to this Scheme:
(a) is conditional on the landlord entering into a fixed-term agreement with the Applicant for a term that exceeds the end of the emergency period by not less than six months; and
(b) the value of the grant is set off against any rent deferred, reduced or waived during the emergency period.
1.6. After a residential rent relief grant is made to a Landlord, the State may, at its absolute discretion:
(a) conduct random or specific audits of any or all of the information provided by the Applicant or the Landlord, including to contact Affected Tenants or other third parties;
(b) request additional information from the Applicant or the Landlord if the State reasonably believes that any of the information provided by the Applicant or the Landlord may be incomplete, false or misleading; and
(c) if the State determines in its absolute discretion that:
(i) an Applicant no longer satisfies, or never did satisfy, the eligibility criteria ...
STATE’S RIGHTS. 4. MANAGEMENT RIGHTS 7
STATE’S RIGHTS. AND RESPONSIBILITIES 4 ARTICLE 3 - CONSULTANTS 5 Version Control Document ARTICLE 4 - MODIFICATIONS 6 ARTICLE 5 - DISPUTE RESOLUTION 7 ARTICLE 6 - COMPENSATION AND PAYMENT 8 ARTICLE 7 - INSURANCE AND INDEMNIFICATION 10 ARTICLE 8 - SUSPENSION AND TERMINATION 13 ARTICLE 9 - GENERAL PROVISIONS 15
STATE’S RIGHTS. Section One: Rights residing with the State. Unless provided otherwise in this Agreement, the State reserves exclusively all the inherent rights and authority to manage and operate its programs. The parties agree that all rights not specifically granted in this Agreement are reserved solely to the State and the State has the right to decide and implement its decisions regarding such rights without negotiating about the decision and/or effects of those decisions. Examples of the rights reserved solely to the State, its agents and officials include, but are not limited to, the right:
A. To operate so as to carry out the statutory mandate of the State;
B. To establish the state’s missions, programs, objectives, activities and priorities within the statutory mandates;
C. To plan, direct and control the use of resources, including all aspects of the budget, in order to achieve the State’s missions, programs, objectives, activities and priorities; however, this paragraph shall not be interpreted to limit the union’s right to advocate for budget allocations that may be different from what the State may propose;
D. To manage, direct and control all of the State’s activities to deliver programs and services;
X. Xx develop, modify and administer policies, procedures, rules and regulations and determine the methods and means by which operations are to be carried out;
F. To establish qualifications of providers and reasonable standards of accountability except as otherwise limited by this agreement.
G. To make and execute contracts and all other instruments necessary or convenient for the performance of the State’s duties or exercise of the State’s powers, including contracts with public and private agencies, organizations, corporations or individuals, and to pay them for services rendered or furnished;
H. To determine the management organization, including recruitment, selection, retention and promotion to positions not otherwise covered by this agreement;
I. To extend, limit or contract out any or all services and/or programs regarding child care assistance program.
J. To take whatever actions the State deems necessary to carry out services in an emergency. The State shall be the sole determiner as to the existence of an emergency in keeping with a reasonable and prudent standard;
K. To modify any and all operations and work requirements in order to more efficiently and effectively provide services as a result of any existing and/or new laws, rules and regulatory pr...
