MANAGEMENT'S RIGHTS. Except as may be specifically modified by the terms of this Agreement, the Employer shall retain all rights of management in the direction of their work force. Rights of management shall include, but not be limited to, the right to:
(a) Direct employees.
(b) Hire, promote, transfer, assign, and retain employees.
(c) Suspend, discharge, or take other proper disciplinary action against employees.
(d) Reassign employees.
(e) Relieve employees from duty because of lack of work or other reasons.
(f) Schedule work.
(g) Determine methods, means, and personnel by which operations are to be conducted.
MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreement:
a. to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause.
b. to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit.
c. to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference.
3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall be vested in the Employer.
3.03 The Employer may contract out where:
a. it does not possess the necessary facilities or equipment;
b. it does not have and /or cannot acquire the required manpower;
c. it does not have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and,
d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work and provided that no qualified employees are already laid off and available to do the work.
3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.
MANAGEMENT'S RIGHTS. A. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not by way of limitation, the right to:
1. The executive management and administrative control of the school system and its properties, facilities, equipment, and the activities of its employees during working hours;
2. Hire all employees and to determine their qualifications and the conditions for their continued employment, their days and hours of work, their work schedules, their assignment, placement, dismissal, suspension, layoff, recall or demotion, and to promote and transfer all such employees unless specified otherwise in this agreement, determine and re-determine job content, descriptions, and responsibilities;
3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein;
4. Adopt rules and regulations;
5. 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 sub- divisions, buildings or other facilities;
6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization;
7. Determine the policy affecting the selection, testing or training of employees.
B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent.
C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the rights and responsibilities as conferred under the Public Employment Relations Act and the Revised School ...
MANAGEMENT'S RIGHTS. Section 1. The Employer retains full and exclusive authority for the management of its operations. The Employer shall direct their working forces at their prerogative, including, but not limited to hiring, promotion, transfer, lay-off or discharge for just cause. No rules, customs, or practices shall be permitted or observed which limit or restrict production or limit or restrict the working efforts of employees. The Employer shall utilize the most efficient method or techniques of construction, tools, or other labor saving devices. There shall be no limitations upon the choice of materials or design. The Employer shall schedule work, and shall determine when overtime will be worked. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth. The Employer, therefore, retains all management rights not specifically limited by the terms of this Agreement.
MANAGEMENT'S RIGHTS. 3.01 The Management of the Company and the direction of its employees are vested exclusively in the Company and shall not in any way be abridged except as specifically restricted in this Agreement.
3.01.01 The Union acknowledges that it is the exclusive function of the Company:
A. To maintain order, discipline and efficiency, to establish and enforce reasonable Company rules, and to discipline, suspend and discharge employees for just cause.
B. To hire new employees, retire, classify, direct, promote, demote, transfer, assign shifts and increase and decrease the work force from time to time.
C. Generally to manage the enterprise in which the Company is engaged and, without restricting the generality of the foregoing, to establish the schedules of work, the right to determine the number and types of employees needed by the Company at any time, the kinds of machines, tools and equipment to be used and to establish company policy and procedures required for the efficient conduct of its business.
D. To make and alter from time to time reasonable rules and regulations to be observed by its employees which shall not be discriminating in nature.
3.01.02 These enumerations shall not be deemed to exclude other prerogatives not herein enumerated, and any of the rights, powers or authority the Company had prior to the signing of this Agreement are hereby retained by the Company.
3.02 Such rights will be exercised in a manner that is not inconsistent with the provisions of this Agreement.
3.03 It is agreed and understood that nothing in the foregoing will detract from the right of an employee or the Union to initiate a grievance in the manner provided for in this Agreement.
MANAGEMENT'S RIGHTS. The Contractors retain full and exclusive authority for the management of its operations. Except as expressly limited by other provisions of this Agreement and the appropriate collective bargaining agreement listed on Schedule A, the Contractor retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the selection of foremen; the assignment and scheduling of work; and, the requirement of overtime work and the determination of when it shall be worked. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Contractor may utilize any methods or techniques of construction. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, there shall be no limitation or restriction upon the Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and installation of equipment, machinery, package units, precast, prefabricated, prefinished, or preassembled materials, tools, or other labor saving devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment regardless of their source. The on-site installation of application of such items shall be performed by the craft customarily having jurisdiction over such work under the applicable collective bargaining agreement listed on Schedule A; provided, however, it is recognized that other personnel having special talents or qualifications may participate in the installation, checkout or testing of specialized or unusual equipment or facilities. Except as otherwise stated in the appropriate collective bargaining agreement listed on Schedule A, it is recognized that the use of new technology, equipment, machinery, tools and/or labor savings devices and methods of performing work will be initiated by the Contractor from time to time during the project. The Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to arbitrate the dispute as set forth in Article VIII of this Agreement. The failure of the Contractor to exercise ...
MANAGEMENT'S RIGHTS. Subject only to the limits which are set forth in this Agreement, the Union recognizes the rights of the Employer to the management of its plant and the direction of the working forces, including the right to select, hire, promote, transfer, or discharge any Employee for just cause. The Union further recognizes the rights of the Employer to operate and manage its business in accordance with its commitments and responsibilities including methods, processes, and means of production and handling. ARTICLE SIX - UNION SECURITY
MANAGEMENT'S RIGHTS. (a) The Union recognizes the Management's authority to manage the affairs of the Company; to direct its working forces, including the right to hire, transfer, promote, demote, suspend and discharge for proper cause any employee; and to increase or decrease the working force of the Company; to reorganize, close, disband any department or section thereof, from time to time, as circumstances and necessity may require, provided that the Company shall not exercise these rights in a manner inconsistent with the terms of this Agreement.
(b) An employee affected by the exercising of this authority who feels that he has cause for dissatisfaction, may have the complaint dealt with in accordance with the "Grievance Procedure" as outlined in Article No. 7
MANAGEMENT'S RIGHTS. Section 1. The Agency retains all rights customarily attributed to the management and operation of the department unless otherwise specifically abridged by the provision of this Agreement.
Section 2. These rights include but are not limited to the following: the right to operate and manage the Agency; to maintain order and efficiency; to direct employees and to determine job assignments and working schedules; to determine the method, means, standards, and personnel to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine whether the whole or the part of the operation shall continue to operate; to recruit, examine, select, and hire employees; to promote, transfer, assign, and reassign employees; to suspend, discharge, or take other proper disciplinary action against employees; to lay off employees; to recall employees; to require overtime work of employees; and to promulgate rules, regulations, and policies, provided such rights shall not be exercised so as to violate any of the specific provisions of this Agreement.
MANAGEMENT'S RIGHTS. Except as may be specifically modified by the terms of this Agreement, the State retains all rights of management in the direction of its work force. These rights of management shall include, but not be limited to, the right to:
1. Direct employees.
2. Hire, promote, transfer, assign, and retain employees.
3. Suspend, discharge, or take other proper disciplinary action against employees.
4. Reassign employees.
5. Relieve employees from duty because of lack of work or other proper reasons.
6. Schedule work.
7. Determine methods, means, and personnel by which operations are to be conducted.
