FUNCTIONS OF MANAGEMENT. In the exercise of its function of management, the Employer shall have the right to plan, direct and control operations of all its work, hire employees, direct the working forces in the field, assign employees to their jobs, discharge, suspend or discipline for proper cause (proper cause for discharge includes but is not necessarily limited to incompetence, insubordination, habitual tardiness or absenteeism) transfer, promote or demote employees, lay off employees because of the lack of work, or for other legitimate reasons, require employees to observe the Employer’s rules and regulations not inconsistent with this Agreement, institute a fair and consistently applied drug policy, regulate the amount of equipment used and the use of equipment and other property of the Employer, decide the number of employees needed; provided, however, that the Employer will not use its rights for the purpose of discrimination against any employee. On work as defined under Article II, the Employer and the Union recognize the necessity of promoting efficiency and agree that no local rules, customs or practices shall be permitted that limit production or manpower required to do the work and that no limitations shall be placed on the amount of work which an employee is performing during the work day. No regulations of tools shall be interpreted or enforced in any way to prevent their use where required or necessary to perform an acceptable job in accordance with specifications of the appropriate agency and where all proper safety regulations are enforced.
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