Common use of UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS Clause in Contracts

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. The Union agrees that the management of the company, including the right to plan, direct and control store operations, the direction of the working force and the termination of employees for proper cause, are the sole rights and functions of the Co-operative. During the first one hundred and twenty (120) calendar days of employment, each new employee shall be on probation. Where the Employer and the Union mutually agree, a student or part-time employee’s probationary period may be extended for and additional thirty (30) days. The student or part-time employee shall be notified in writing of the thirty (30) calendar day extension of his or her probationary period at the time of extension. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative and any termination occurring during that period shall not be subject to Sections 16 and 17 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union activity as set forth in Section 18 (i) of this Agreement. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, however, to discharge of employees on grounds of alleged incompetency being processed under Sections 16 and 17 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty (120) calendar days or more. The Parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operative, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five (5) consecutive working days shall be added to the employee's probationary period. The exercise of the foregoing shall not alter any of the specific provisions of this Agreement.

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. 4.01 The Union agrees that the management of the company, including the right to plan, direct and control store the Store operations, the direction of the working force and the termination of employees for just or proper cause, are the sole rights and functions of the Co-operativeEmployer. During the first one hundred and twenty four (1204) calendar days months of employment, each new employee shall be on probation. Where the Employer probation and the Union mutually agree, will receive a student or part-time employee’s probationary period may be extended for and additional thirty written evaluation within three (303) days. The student or part-time employee shall be notified in writing months of the thirty (30) calendar day extension of his or her probationary period at the time of extensionemployment. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative Employer and any termination occurring during that period shall not be subject to Sections 15 and 16 and 17 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union activity as set forth in Section 18 (i) of this AgreementUnion activity. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, subject however, to discharge of employees on grounds of alleged incompetency incompetence being processed under Sections 15 and 16 and 17 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty Employer four (1204) calendar days months or more. The Parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operativeEmployer, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five (5) consecutive working days shall be added to the employee's probationary period. . 4.02 The exercise of the foregoing shall not alter any of the specific provisions of this Agreement. 4.03 Subject to exclusions in Section 1 of this Agreement, all work in the handling and selling of merchandise in the Store shall be performed only by employees who are in the bargaining unit, with the following exceptions: (a) Excluded personnel as listed in Section 1.01 and Head Office personnel; (b) Suppliers’ representatives may handle their own merchandise items in-store only under the following circumstances: i) items must be stocked on a rack; ii) items cannot be pre-ordered; iii) orders cannot be drop-shipped; iv) the supplier or the representative must own the rack; and v) the product is not normally carried by Urban Fare. (c) Special personnel assisting prior to opening and during major remodeling; (d) Suppliers’ representatives may remove their own Company’s off-code product unsuitable for sale from shelves or display cases by checking code dates of products on store shelves; (e) In the event there are major section changes due to the introduction of new product lines, the Employer may use outside help to initially stock the new product only. This outside help would set up the space allocation for the existing product to be replaced; (f) Suppliers’ representatives may erect and initially stock in- store displays (including product) for non-traditional products only; and (g) Demonstrators; (h) Cooking classes, food and beverage tastings and similar events. When there is a violation of this sub-section, the following penalties shall apply: 1. First violation - a written warning from the Union will be given to the Employer. 2. Second violation within the twelve (12) month period following written notice as per Point 1: - a two hundred dollar ($200.00) fine. 3. Third and subsequent violations within the twelve (12) month period: - a three hundred dollar ($300.00) fine for each violation. Where no violation occurs for a period of twelve (12) months following a written warning or from the date of the last fine, the Employer shall be entitled to another written warning from the Union. Where the Employer has been fined, such fine is to be dispatched to BG Benefit Administrators who will notify the Union of receipt of such fine and the particulars in respect to which violation the fine was paid. BG Benefit Administrators will deposit the monies into the UFCW Industry Pension Plan.

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. The Union agrees that the management of the company, including the right to plan, direct and control store operations, the direction of the working force and the termination of employees for proper cause, are the sole rights and functions of the Co-operative. During the first one hundred and twenty sixty (12060) calendar days of employment, each new employee shall be on probation. Where the Employer Co-operative and the Union mutually agree, a student or part-time employee’s 's probationary period may be extended for and an additional thirty (30) calendar days. The student or part-time employee shall be notified in writing of the thirty (30) calendar day extension of his or her probationary period at the time of extension. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative and any termination occurring during that period shall not be subject to Sections 16 17 and 17 18 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union activity as set forth in Section 18 (i19(i) of this Agreement. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, subject however, to discharge of employees on grounds of alleged incompetency being processed under Sections 16 17 and 17 18 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty sixty (12060) calendar days or more. The Parties parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operative, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five two (52) consecutive working days shall be added to the employee's probationary period. The exercise of the foregoing shall not alter any of the specific provisions of this Agreement.

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. 5.01 The Union agrees that the management of the company, including the right to plan, direct and control store the Store operations, the direction of the working force and the termination of employees for just or proper cause, are the sole rights and functions of the Co-operativeEmployer. During the first one hundred and twenty four (1204) calendar days months of employment, each new employee shall be on probation. Where the Employer probation and the Union mutually agree, will receive a student or part-time employee’s probationary period may be extended for and additional thirty written evaluation within three (303) days. The student or part-time employee shall be notified in writing months of the thirty (30) calendar day extension of his or her probationary period at the time of extensionemployment. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative Employer and any termination occurring during that period shall not be subject to Sections 15 and 16 and 17 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union activity as set forth in Section 18 (i) of this AgreementUnion activity. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, subject however, to discharge of employees on grounds of alleged incompetency incompetence being processed under Sections 15 and 16 and 17 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty Employer four (1204) calendar days months or more. The Parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operativeEmployer, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five (5) consecutive working days shall be added to the employee's probationary period. . 5.02 The exercise of the foregoing shall not alter any of the specific provisions of this Agreement. 5.03 Subject to exclusions in Section 1 of this Agreement, all work in the handling and selling of merchandise in the Store shall be performed only by employees who are in the bargaining unit, with the following exceptions: (a) Excluded personnel as listed in Section 1.01 and Head Office personnel; (b) Suppliers’ representatives may handle their own merchandise items in-store only under the following circumstances: i) items must be stocked on a rack; ii) items cannot be pre-ordered; iii) orders cannot be drop-shipped; iv) the supplier or the representative must own the rack; and v) the product is not normally carried by Urban Fare. (c) Special personnel assisting prior to opening and during major remodeling; (d) Suppliers’ representatives may remove their own Company’s off-code product unsuitable for sale from shelves or display cases by checking code dates of products on store shelves; (e) In the event there are major section changes due to the introduction of new product lines, the Employer may use outside help to initially stock the new product only. This outside help would set up the space allocation for the existing product to be replaced; (f) Suppliers’ representatives may erect and initially stock in-store displays (including product) for non-traditional products only; and (g) Demonstrators; (h) Cooking classes, food and beverage tastings and similar events. Vendors and sales representatives shall be identified by a badge or name tag supplied by the Employer. When there is a violation of this sub-section, the following penalties shall apply:

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. 4.01 The Union agrees that the management of the company, including the right to plan, direct and control store the Store operations, the direction of the working force and the termination of employees for just or proper cause, are the sole rights and functions of the Co-operativeEmployer. During the first one hundred and twenty four (1204) calendar days months of employment, each new employee shall be on probation. Where the Employer probation and the Union mutually agree, will receive a student or part-time employee’s probationary period may be extended for and additional thirty written evaluation within three (303) days. The student or part-time employee shall be notified in writing months of the thirty (30) calendar day extension of his or her probationary period at the time of extensionemployment. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative Employer and any termination occurring during that period shall not be subject to Sections 15 and 16 and 17 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union activity as set forth in Section 18 (i) of this AgreementUnion activity. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, subject however, to discharge of employees on grounds of alleged incompetency incompetence being processed under Sections 15 and 16 and 17 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty Employer four (1204) calendar days months or more. The Parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operativeEmployer, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five (5) consecutive working days shall be added to the employee's probationary period. . 4.02 The exercise of the foregoing shall not alter any of the specific provisions of this Agreement. 4.03 Subject to exclusions in Section 1 of this Agreement, all work in the handling and selling of merchandise in the Store shall be performed only by employees who are in the bargaining unit, with the following exceptions: (a) Excluded personnel as listed in Section 1.01 and Head Office personnel; (b) Suppliers’ representatives may handle their own merchandise items in-store only under the following circumstances: i) items must be stocked on a rack; ii) items cannot be pre-ordered; iii) orders cannot be drop-shipped; iv) the supplier or the representative must own the rack; and v) the product is not normally carried by Urban Fare. (c) Special personnel assisting prior to opening and during major remodeling; (d) Suppliers’ representatives may remove their own Company’s off-code product unsuitable for sale from shelves or display cases by checking code dates of products on store shelves; (e) In the event there are major section changes due to the introduction of new product lines, the Employer may use outside help to initially stock the new product only. This outside help would set up the space allocation for the existing product to be replaced; (f) Suppliers’ representatives may erect and initially stock in-store displays (including product) for non-traditional products only; and (g) Demonstrators; (h) Cooking classes, food and beverage tastings and similar events. When there is a violation of this sub-section, the following penalties shall apply: 1. First violation - a written warning from the Union will be given to the Employer. 2. Second violation within the twelve (12) month period following written notice as per Point 1: - a two hundred dollar ($200.00) fine. 3. Third and subsequent violations within the twelve (12) month period: - a three hundred dollar ($300.00) fine for each violation. Where no violation occurs for a period of twelve (12) months following a written warning or from the date of the last fine, the Employer shall be entitled to another written warning from the Union. Where the Employer has been fined, such fine is to be dispatched to BG Benefit Administrators who will notify the Union of receipt of such fine and the particulars in respect to which violation the fine was paid. BG Benefit Administrators will deposit the monies into the UFCW Industry Pension Plan.

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. 4.01 The Union agrees that the management of the company, including the right to plan, direct and control store the Store operations, the direction of the working force and the termination of employees for just or proper cause, are the sole rights and functions of the Co-operativeEmployer. During the first one hundred and twenty four (1204) calendar days months of employment, each new employee shall be on probation. Where the Employer probation and the Union mutually agree, will receive a student or part-time employee’s probationary period may be extended for and additional thirty written evaluation within three (303) days. The student or part-time employee shall be notified in writing months of the thirty (30) calendar day extension of his or her probationary period at the time of extensionemployment. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative Employer and any termination occurring during that period shall not be subject to Sections 15 and 16 and 17 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union activity as set forth in Section 18 (i) of this AgreementUnion activity. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, subject however, to discharge of employees on grounds of alleged incompetency incompetence being processed under Sections 15 and 16 and 17 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty Employer four (1204) calendar days months or more. The Parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operativeEmployer, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five (5) consecutive working days shall be added to the employee's probationary period. . 4.02 The exercise of the foregoing shall not alter any of the specific provisions of this Agreement. 4.03 Subject to exclusions in Section 1 of this Agreement, all work in the handling and selling of merchandise in the Store shall be performed only by employees who are in the bargaining unit, with the following exceptions: (a) Excluded personnel as listed in Section 1.01 and Head Office personnel; (b) Suppliers’ representatives may handle their own merchandise items in-store only under the following circumstances: i) items must be stocked on a rack; ii) items cannot be pre-ordered; iii) orders cannot be drop-shipped; iv) the supplier or the representative must own the rack; and v) the product is not normally carried by Urban Fare. (c) Special personnel assisting prior to opening and during major remodeling; (d) Suppliers’ representatives may remove their own Company’s off-code product unsuitable for sale from shelves or display cases by checking code dates of products on store shelves; (e) In the event there are major section changes due to the introduction of new product lines, the Employer may use outside help to initially stock the new product only. This outside help would set up the space allocation for the existing product to be replaced; (f) Suppliers’ representatives may erect and initially stock in-store displays (including product) for non-traditional products only; and (g) Individuals who conduct demonstrations of products or services with a direct link to the product or service in the production, origin and the knowledge of the uniqueness of its attributes /value, usage and preparation, with the intent to market the product or service and create the Urban Fare experience as discussed during bargaining in 2004. Any disputes shall be referred to the Troubleshooter. (h) Cooking classes, food and beverage tastings and similar events. 1. First violation - a written warning from the Union will be given to the Employer. 2. Second violation within the twelve (12) month period following written notice as per Point 1: - a two hundred dollar ($200.00) fine. 3. Third and subsequent violations within the twelve (12) month period: - a three hundred dollar ($300.00) fine for each violation. Where no violation occurs for a period of twelve (12) months following a written warning or from the date of the last fine, the Employer shall be entitled to another written warning from the Union. Where the Employer has been fined, such fine is to be dispatched to Xxxxxxx Xxxxxx Limited who will notify the Union of receipt of such fine and the particulars in respect to which violation the fine was paid. Xxxxxxx Xxxxxx Limited will deposit the monies into the UFCW Industry Pension Plan.

UNION'S RECOGNITION OF MANAGEMENT'S RIGHTS. The Union agrees that the management of the company, including the right to plan, direct and control store operations, the direction of the working force and the termination of employees for proper cause, are the sole rights and functions of the Co-operativeEmployer. During the first one hundred and hundred, twenty (120) calendar days of employment, each new employee shall be on probation. Where the Employer and the Union mutually agree, a student or part-time employee’s 's probationary period may be extended for and an additional thirty sixty (3060) days. The student or part-time employee shall be notified in writing of the thirty sixty (3060) calendar day extension of his or her their probationary period at the time of extension. The decision whether to retain or not to retain the employee's services shall be the sole right of the Co-operative Employer and any termination occurring during that period shall not be subject to Sections 16 17 and 17 18 of this Agreement. It is agreed that the probationary period will not apply if it can be shown that an employee has been terminated for any lawful union Union activity as set forth in Section 18 19 (ih) of this Agreement. Those matters requiring judgment as to competency of employees are also agreed to be the sole right and function of management, subject, however, to discharge of employees on grounds of alleged incompetency being processed under Sections 16 17 and 17 18 of this Collective Agreement, providing that such employees have been employed by the Co-operative one hundred and twenty Employer thirty (12030) calendar days or more. The Parties parties agree that the foregoing enumeration of management's rights shall not be deemed to exclude other recognized functions of management not specifically covered in this Agreement. The Co-operativeEmployer, therefore, retains all rights not otherwise specifically covered in this Agreement. In all cases where a probationary employee is absent from work, the duration of the absence exceeding five (5) consecutive working days shall be added to the employee's probationary period. The exercise of the foregoing shall not alter any of the specific provisions of this Agreement.