Customary Functions Clause Samples
Customary Functions. 5.1.1. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Employer and its management, including, but not limited to, the rights, in accordance with its sole and exclusive judgment and discretion:
a) To take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the organization and to direct the Employer's employees;
b) to reprimand, suspend, discharge or to otherwise discipline employees for just cause;
c) to determine the number of employees to be employed;
d) to hire employee, determine their qualifications and assign and direct their work;
e) to evaluate employees' performances;
f) to promote demote, transfer, lay off and recall to work employees;
g) to set the standards of productivity, the services and products to be produced;
h) to determine the amount and forms of compensation for employees;
i) to maintain the efficiency of operation; to determine the personnel, methods, means, and facilities by which operations are conducted;
j) to set the starting and quitting times and the number of hours and shifts to be worked;
k) to use independent contractors to perform work or services;
l) to subcontract, contract out; expand, reduce alter, combine transfer assign, or cease any job, department, operation or service;
m) to control and regulate the use of facilities, equipment, and other property of the Employer;
n) to introduce new or improved research, production, service, distribution, and maintenance methods, material, machinery, and equipment;
o) to determine the number, location and operation of department, divisions and all other units of the Employer;
p) to issue, amend and revise policies, rules, regulations, general orders, administrative directives, and practices.
Customary Functions. 3.1.1. The Employer retains full and exclusive authority for the management of its operations subject to the provisions of this Agreement. The Employer shall direct his working forces at his sole prerogative including, but not limited to hiring, promotion, transfer, layoff or discharge subject to the provisions of Section 6.10. The Employer shall have the right to utilize the most efficient methods or techniques of construction, tools or labor saving devices. There shall be no limitations upon the choice of materials or design. Discharge or terminations shall be subject to the Construction Industry's just cause standard as outlined in Section 6.10.
3.1.2. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth. The Employer retains all legal rights not specifically covered by this Agreement.
3.1.3. When an Employer considers it necessary to shut down a job to avoid the possible loss of human life, because of an emergency situation beyond the Employer's control that could endanger the life and safety of an employee, in such cases, employees will be compensated only for the actual time worked.
Customary Functions.
5.1.1. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Employer and its management, including, but not limited to, the rights, in accordance with its sole and exclusive judgment and discretion. The exercise of these rights is subject to the terms and conditions of this Agreement and the requirements of RCW 41.56 to negotiate over changes in mandatory subjects of bargaining and the impacts of changes in permissive subjects on mandatory subjects of bargaining.
a) To take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the organization and to direct the Employer's employees;
b) to reprimand, suspend, discharge or to otherwise discipline employees for just cause;
c) to determine the number of employees to be employed;
d) to hire employees, determine their qualifications and assign and direct their work;
e) to evaluate employees' performances;
f) to promote demote, transfer, lay off and recall to work employees;
g) to set the standards of productivity, the services and products to be produced;
h) to determine the amount and forms of compensation for employees;
i) to maintain the efficiency of operation; to determine the personnel, methods, means, and facilities by which operations are conducted;
j) to set the starting and quitting times and the number of hours and shifts to be worked;
k) to use independent contractors to perform work or services;
l) to subcontract, contract out; expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation or service;
m) to control and regulate the use of facilities, equipment, and other property of the Employer;
n) to introduce new or improved research, production, service, distribution, and maintenance methods, material, machinery, and equipment;
o) to determine the number, location and operation of the department, divisions and all other units of the Employer;
p) to issue, amend and revise policies, rules, regulations, general orders, administrative directives, and practices.
Customary Functions. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Employer and its management, including, but not limited to, the rights, in accordance with its sole and exclusive judgment and discretion:
Customary Functions.
3.1.1. The Board, acting on behalf of the electorate of the school district, retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the regulations of the State Board of Education, the laws and Constitution of the state of Washington and/or the United States.
Customary Functions. Except as expressly limited by the other articles of this Agreement, the Employer shall have the exclusive right to manage the functions of all City opera- tions/facilities and direct the bargaining unit employees covered by this Agreement. These rights include, but are not limited to, the right to plan, direct and control operations; to determine the services to be performed by the bargaining unit employees; to establish and maintain productivity and quality standards; to schedule the working hours; to hire, promote, and transfer; to suspend, discipline or discharge. The Employer shall also have the exclusive right to relieve employees be- cause of lack of work or for other legitimate reasons; to introduce new and improved work methods, materials or facilities; or to change existing work methods, material or facilities.
Customary Functions. Except as otherwise expressly limited by the terms of this Agreement, the Employer retains all its usual and exclusive rights, decision-making, prerogative, functions and authority connected with or in any way incidental to its responsibility to manage its affairs including directing the activities of the Department, determining the levels of service and methods of operation, including the introduction of new equipment, the right to hire, lay off, transfer, promote, discipline, discharge, and to determine work schedules and assign work.
3.1.1 The Employer and the Union hereby recognize that delivery of services in the most efficient, effective, and courteous manner is of paramount importance to the Employer, and as such, maximized performance is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal the parties hereby recognize the Employer’s sole right to determine the methods, processes and means of providing services, to increase, diminish, or change equipment, including the introduction of any and all new, improved, or automated methods or equipment, and the assignment of employees to specific jobs within the bargaining unit.
3.1.2 The Employer shall have the right to establish performance standards. Such standards that are in effect may be used to determine acceptable performance levels, prepare work schedules, and measure the performance of employees. No revision of performance standards and/or policies shall be made without prior notification to the Union; provided, however, such notification is not intended to diminish management rights.
Customary Functions. Except as expressly limited by the other articles of this Agreement, the Employer shall have the exclusive right to manage the functions of all City operations/facilities and direct the bargaining unit employees covered by this Agreement. These rights include, but are not limited to, the right to plan, direct and control operations; to determine the services to be performed by the bargaining unit employees; to establish and maintain productivity and quality standards; to schedule the working hours; to hire, promote, and transfer; to suspend, discipline or discharge. The Employer shall also have the exclusive right to relieve employees because of lack of work or for other legitimate reasons; to introduce new and improved work method, materials or facilities; or to change existing work methods, material or facilities.