MANAGEMENT FUNCTIONS B.1 The Association recognizes that the management of the Hospital and the direction of working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital except as specifically limited by the provisions of this Agreement and, without restricting the generality of the foregoing, the Association acknowledges that it is the exclusive function of the Hospital to:
(a) maintain order, discipline and efficiency;
(b) hire, assign, retire, discharge, direct, promote, demote, classify, transfer, lay- off, recall, and suspend or otherwise discipline nurses, provided that a claim of discharge or discipline without just cause may be the subject of a grievance and dealt with as hereinafter provided;
(c) determine, in the interest of efficient operation and high standards of service, job rating and classification, the hours of work, work assignments, methods of doing the work, and the working establishment for the service;
(d) generally to manage the operation that the Hospital is engaged in and, without restricting the generality of the foregoing, to determine the number of personnel required, methods, procedures, and equipment in connection therewith;
(e) make, enforce, and alter from time to time reasonable rules and regulations to be observed by the nurses which are not inconsistent with the provisions of this Agreement.
B.2 These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement.
Duties and functions 23.2.1 The Independent Engineer shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule 16.
23.2.2 The Independent Engineer shall submit regular periodic reports (at least once every month) to the Authority in respect of its duties and functions set forth in Schedule 16.
Union Stewards (a) The Hospital agrees to recognize Union stewards to be elected or appointed from amongst employees in the bargaining unit who have completed their probationary period for the purpose of dealing with Union business as provided under this Collective Agreement.
(b) A Chief Xxxxxxx or designate may, in the absence of any xxxxxxx, assist in the presentation of any grievance, or with any xxxxxxx function.
(c) The Union shall keep the Hospital notified in writing of the names of Union stewards appointed or selected under this Article as well as the effective date of their respective appointments.
(d) It is agreed that Union stewards have their regular duties and responsibilities to perform for the Hospital and shall not leave their regular duties without first obtaining permission from their immediate supervisor. If, in the performance of his duties, a Union xxxxxxx is required to enter an area within the Hospital in which he is not originally employed, he shall report his presence to the supervisor in the area immediately upon entering it. Such permission shall not be unreasonably withheld. When resuming his regular duties and responsibilities, such xxxxxxx shall again report to his immediate supervisor. A Union xxxxxxx shall suffer no loss of earnings for time spent in performing the above duties during his regular scheduled working hours.
(e) Nothing in this Article shall preclude full-time stewards from representing part-time employees and vice-versa.
(f) The number of stewards and the areas which they represent, are to be determined locally.
Union Leave Leave of absence for Union business shall be given without pay up to a maximum of (as per the local provisions under L19) days per calendar year provided such leave does not interfere with the continuance of efficient operation of the Hospital. Such leave shall be subject to the following conditions:
(a) not more than (as per the local provisions under L19) employees of the Hospital are absent on any such leave at the same time, and not more than (as per the local provisions under L19) employee from a department;
(b) a request must be made in writing at least twenty-one days prior to the commencement of the function for which leave is requested, unless it is not reasonably possible to give such notice;
(c) such request shall state the general nature of the function to be attended;
(d) employees on a Union Leave which is approved by the Hospital in accordance with the above conditions shall be paid for such leave by the Hospital. The Hospital shall then forward a statement of such wages paid to the employee affected to the union for reimbursement of the amount stated;
(e) an employee who is elected or appointed to office with the CAW, shall upon application by the Union in writing, be granted a leave of absence without loss of seniority and benefits for up to three (3) years. An extension shall be granted upon written application by the employee to the administration of the Hospital. During such leaves of absence, salary and benefits shall be kept whole by the Hospital and the Union agrees to reimburse the Hospital for such salary and the Hospital's contribution to said benefits. The employee agrees to notify the Hospital of the employee's intention to return to work within two (2) weeks following the termination of office for which the leave was granted. The union agrees to notify the Hospital five (5) months in advance of the Local Union election. The union further agrees that the requirement to meet under Article 14 will be waived. At the end of such leave, any employee hired or placed as a substitute for the employee on such absence, may be terminated or laid off by the Hospital as required, or may be transferred to the employee's previous position if the substitution was a transfer. An employee on leave of absence under this provision shall continue to accumulate all rights and privileges under this Agreement. It is understood that the intent of this article is that it shall normally apply to only one employee at a time per circumstance as noted above, and that the Union shall provide adequate notice prior to an employee commencing Union Leave of Absence. Further applications may be granted consistent with the Hospital’s staffing requirements. In addition, it is understood that any employee so elected or appointed is required to maintain their competence in the event that they are to return to the workplace.
Union Leaves Employees on Union Leaves will be treated as provided in Article 18 (Q) while working on Union leave.
Local Union Leave Upon written request, leave of absence without pay shall be granted to employees for Union business in accordance with the following provisions:
i) In bargaining units with up to 12 members, no more than one (1) employee shall be on leave at any one time. In bargaining units with 13 or more members, no more than two (2) employees shall be on leave at any one time.
ii) The aggregate total number of days of leave, including Provincial Committee Leave, will not exceed sixty-five (65) working days in a calendar year.
iii) The Union will give at least four (4) weeks’ written notice where practicable.
iv) Replies to request for leaves of absence shall be given within two
