BOARD RIGHTS AND RESPONSIBILITIES. 4.01 The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitutions of the State of Michigan, and of the United States, including, but without limiting the generality of the foregoing, the right:
A. to exercise the executive management and administrative control of the school system, its properties and facilities, and the professional activities of its employees;
B. to hire all employees and, subject to the provisions of this Agreement and of the law, to determine their qualifications; and the conditions for their continued employment, or their dismissal or demotion, and to promote and transfer all such employees;
C. to establish grade levels, and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board;
D. to decide upon the means and methods of instruction, the selection of textbooks and other teaching materials, and the use of teaching aides of every kind and nature;
E. to initiate and carry out procedures by which teaching contracts are not renewed according to the provisions of the Michigan Tenure Act; and this Agreement
F. to carry on an evaluation of programs and to evaluate the effectiveness of individual teacher performance;
G. to initiate and carry out the means of obtaining financial support for the School District.
4.02 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith will be limited by the terms of this Agreement to the extent such terms hereof are in conformance with the Constitution and laws of the State of Michigan, and the Constitution and laws of the United States.
4.03 Nothing contained herein will be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School Laws or any other national, state, county, district, or local laws or regulations as they pertain to education.
BOARD RIGHTS AND RESPONSIBILITIES.
A. The Board, on its own behalf and on behalf of the electors of the district, hereby retains and reserves unto itself, or as designated by the Superintendent as its agent without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan, and of the United States, including, but without limiting the generality of the foregoing, but not in conflict with the specific conditions of this Agreement, the right to:
1. Manage and control the school’s business, the equipment, the operations and to direct the working forces and affairs of the Employer.
2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all the foregoing.
3. Direct the working forces, including the right to hire, promote, suspend and discharge employees for just cause, transfer employees, assign work or extra duties to employees, determine the size of the work force and to layoff and recall employees.
4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein.
5. Adopt reasonable rules and regulations.
6. Determine their qualifications and the conditions of continued employment.
7. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities.
8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.
9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations.
10. Determine the size of the management organization, it functions, authority, and amount of supervision.
11. The right to contract or sub-contract is vested in the Employer.
BOARD RIGHTS AND RESPONSIBILITIES. Except as there is contained in this Agreement an express provision specifically limiting the rights or discretion of the District, all rights, functions, and prerogatives of the management of the District, formerly exercised or exercisable by it, remain vested exclusively in the District. Without limiting the generality of the foregoing, the District specifically reserves solely to itself the management of the District and the following rights: to determine hours; to schedule and assign work; to direct the workforce; to determine employee qualifications and evaluate competency to maintain the efficiency of operations; to determine business hours; to determine the quality and quantity of work to be performed; to establish and require standards of performance and to promulgate policies, and from time to time change them and enforce them; to determine proper staffing and workload requirements; to determine and redetermine job content and to describe jobs; to discontinue jobs; to determine operating standards, security measures and operation policies; to determine methods and procedure; to determine which programs and contracts to enter; to select those with whom the District will do business; to initiate, continue or discontinue training or educational programs; to hire, suspend, promote, demote, discharge or otherwise discipline employees; to lay off employees for lack of work or for other legitimate reasons; to require reasonable overtime; to promulgate and enforce all rules respecting operations, efficiency, safety measures, and other matters; to determine all equipment to be used, the utilization of all physical facilities and the assignment of District space; to implement and utilize new equipment, methods and facilities; to decide the number and locations of the facilities; and to extend, maintain or curtail all or any part of the District’s operations, programs or facilities. The exercise of the management rights set forth herein shall not be subject to the arbitration provisions of this Agreement except as otherwise specifically provided in this Agreement. It is understood and agreed that the management rights specified herein, except those rights expressly abridged or limited by a specific provision of this Agreement, may not be impaired or limited by arbitration or an arbitrator, or by any other means except by mutual written agreement of the parties.
BOARD RIGHTS AND RESPONSIBILITIES. 2.1 Nothing contained in this agreement shall deny or restrict the Board of its rights, responsibilities, and authority under the Michigan General School Laws or any other national, state, county, district, or local laws, or regulations as they pertain to education. The Board retains the right and shall have the right to manage and conduct its obligation in accordance with the laws of the State of Michigan subject only to the condition that it shall not do so in any manner which constitutes a violation of this Agreement. Without limiting to any extent the generality of the foregoing, the Board shall have the right to promulgate at any time and to enforce any rules, policies, and regulations which do not violate the terms of this Agreement, and which it considers necessary or advisable for the safe, effective, and efficient operation of the District. Any Member who violates or fails to comply herewith shall be subject to such provisions of this Agreement which relate to discipline or discharge. The Board, Superintendent, or designee retains the right, among others, to establish and equitably enforce reasonable rules and personnel policies relating to the duties and responsibilities of Members which are not inconsistent with the specific provisions of this Agreement and which do not otherwise directly affect wages, hours, terms, and conditions of employment. If the Board contemplates a change which directly affects wages, hours, terms, or conditions of employment, such matters will be negotiated with the Association prior to implementation.
2.2 Except as otherwise specifically provided in this Agreement, the Board has the sole and exclusive right to exercise all the rights or functions of management. Without limiting the generality of the foregoing, the Board’s rights include:
1. The right to manage and control the school system and its properties, facilities, and the activities of its employees during working hours.
2. The right to hire all employees and, subject to the provision of law, determine their qualifications and the conditions for their discharge or demotion, and to promote and transfer all such employees.
3. The right to adopt and enforce any reasonable rules, policies, and regulations which it deems advisable for the safe, efficient, and effective operation of the school district.
4. The right to determine the conditions, methods, means, and personnel by which the school district's operations are to be conducted.
2.3 The Board agrees that it wil...
BOARD RIGHTS AND RESPONSIBILITIES. The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, without limitation, all powers, rights and authority, conferred upon and vested in it by the laws and the constitution of the State of Michigan, and of the United States, including but not limited to, the following:
BOARD RIGHTS AND RESPONSIBILITIES. Section 1: The Board hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and constitution of the State of Michigan and the United States, including but without limiting the generality of the foregoing, not subject to the grievance procedure, the right:
(a) To the executive management and administrative control of the school system and its properties and facilities and the assigned activities of its employees;
(b) To hire all employees and, subject to the provisions of law, to determine their qualifications and the conditions for their continued employment or their dismissal or demotion and to promote and transfer all such employees and to determine the size of the work force;
(c) To establish grades and courses of instruction, including special programs and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board;
(d) To decide upon the means and methods of instruction, the selection of textbooks and other teaching materials and the use of teaching aids of every kind and nature;
(e) To determine class schedules, the hours of instruction and the duties, responsibilities and assignments of teachers and other employees with respect thereto and non-teaching activities and the terms and conditions of employment;
(f) To modify, adjust or change teaching conditions for experimental classes including the use of new technology and innovative approaches in the educational program;
(g) To adopt policies, rules and regulations and to formulate and implement educational policy.
Section 2: The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this agreement and then only to the extent such specific and express terms hereof are in conformance with the constitution and laws of the State of Michigan and the constitution and laws of the United States.
BOARD RIGHTS AND RESPONSIBILITIES. The Board, on its own behalf and on the behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan and of the United States, provided that such rights and responsibilities shall be exercised by the Board in conformity with the provisions of this contract. This contract shall include by way of illustration and not by way of limitation, the right to:
1. Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer, but not in conflict with the specific provisions of this contract.
2. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work to employees, determine the size of the work force and to lay off employees, but not in conflict with the specific provisions of this contract.
3. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, and the institution of new and/or improved methods or changes therein, but not in conflict with the specific provisions of this contract.
4. Adopt rules and regulations, but not in conflict with the specific provisions of this contract.
5. Determine the qualifications of employees, but not in conflict with the specific provisions of this contract.
6. Determine the location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, building or other facilities, but not in conflict with the specific provisions of this contract.
7. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies, but not in conflict with the specific provisions of this contract.
8. Determine the financial policies including all accounting procedures, and all matters pertaining to public relations, but not in conflict with the specific provisions of this contract.
9. Determine the size of the management organization, its functions, authority, amount of supervisions and table of organization, but not in conflict with the specific provisions of this contract....
BOARD RIGHTS AND RESPONSIBILITIES. The Board, on its own behalf and on behalf of the citizens of the school district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan and of the United States, including but without limiting the generality of the foregoing, the right:
1. To the executive management and administrative control of the school system and its properties and facilities;
2. To hire all employees subject to the provisions of law, to determine their qualifications for continued employment, to discharge, discipline or demote and to promote, transfer, and retire all such employees;
3. To direct and evaluate the work of its employees, to govern the activities of its employees within the scope of their employment, and to establish policies, rules and regulations to govern school personnel and school activities;
4. To establish school policies, the school calendar, bus routes and time schedules, the hours of work, employee duties, responsibilities and assignments of drivers and other employees, and the terms and conditions of employment not in conflict with this Agreement.
5. The employer agrees to communicate and provide to the Union current and new member information on an annual basis. • Member names • Addresses • Rates of Pay • Hire Dates The exercise of the foregoing powers, rights, authority, duties and responsibilities stated or implied by the Board and the use of the judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms hereof are in conformance with the laws and Constitution of the State of Michigan, and the laws and Constitution of the United States.
BOARD RIGHTS AND RESPONSIBILITIES. A. The Association recognizes that the Board has responsibility and authority to manage and direct, in behalf of the public, all the operations and activities of the school district to the full extent authorized by law, by way of illustration, the right to:
1. Manage and control the school business and equipment and operation;
2. The assignment and direction of its personnel;
3. Direct the working forces, to hire, promote, suspend and discharge employees, transfer employees, assign work to employees, determine the size of the work force and to lay off employees;
4. Determine the services, supplies and equipment necessary to continue its operation and to determine the methods, schedules and standard of operation;
5. Adopt reasonable rules, regulations and policies;
6. Determine the number and location or relocation of its facilities including the establishment or relocation of new schools, buildings, departments, divisions or sub-divisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;
7. Determine the placement of operations, production, service, maintenance or distribution of work, and the source of materials and supplies;
8. Determine the financial policies, including all accounting procedures, and all matters relating to public relations;
9. Determine the size of management organization, its functions, authority, amount of supervision and table of organization;
10. Determine the policy affecting the hiring of teachers;
11. Maintain accreditation standards of the North Central Association of Colleges and Schools, and the Michigan Accreditation Program.
B. The exercise of the powers, right, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Michigan, and the Constitution and laws of the United States.
BOARD RIGHTS AND RESPONSIBILITIES. It is recognized that the Board retains and will continue to retain, whether exercised or not, the rights, responsibilities, and prerogatives necessary to direct the operation of the Simsbury Public Schools in all its aspects, including but not limited to the acquisition, control, and regulation of all property; the employment and supervision of all employees and the organization and administration of the program of the Simsbury Public Schools. These rights, responsibilities, and prerogatives are not subject to delegation in whole or in part, except that the same shall not be exercised in a manner inconsistent with or in violation of any of the specific terms and provisions of this Agreement. No action taken by the Board with respect to such rights, responsibilities, and prerogatives, other than as there are specific provisions herein elsewhere contained, shall be subject to the grievance provisions of this Agreement.
