MANAGEMENT RIGHTS Clause Samples

MANAGEMENT RIGHTS. 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility. (b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. (c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. (d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole. 3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.

MANAGEMENT RIGHTS. Section 4.1 Prior to the execution of this Agreement with the Union, the rights of the Employer to manage were limited only by applicable federal and state law. Except as specifically set forth by an express provision of this Agreement, the parties agree the management rights of the Employer have not been limited or abridged by this Agreement. Without limiting the generality of the foregoing, the parties agree that among the rights of the Employer which are not abridged or limited by this Agreement are the right to determine and re-determine the composition of its work force, including the mix of employees required and the composition of work teams; to determine the number of employees required, and its staffing requirements and criteria; the right to determine and require standards of performance and to maintain order and efficiency and to determine the competency of employees; to direct employees and to determine job assignments, including the floating and temporary reassignment of employees; to determine the working schedules; to determine whether the whole or any part of the operation shall continue to operate and whether and what work will be performed by employees of the Employer who are employed under this Agreement, assigned to employees outside this bargaining unit or subcontracted; to implement changes in operational methods and procedures; to determine the kind and location of its facilities and where its services will be performed. The matters set forth herein shall not be subject to arbitration. Assignment of unit work to employees of the Employer outside of the bargaining unit will not cause a layoff of bargaining unit employees who are qualified to perform the work. All matters not covered by the provisions of this Agreement shall be administered by the Employer on a unilateral basis. Section 4.2 In the event the Employer decides to subcontract unit work and the contract will reduce the hours available to employees covered by this Agreement, the Employer will give the Union at least thirty (30) days advance written notice. During this notice period, the Employer and Union will meet to discuss and consider alternatives to contracting out the work. Such discussion will be concluded within twenty (20) working days from the date the Employer advises the Union, in writing, that a decision to subcontract is likely. The use of temporary staffing such as agency or traveler staff, will not be construed as contracting unit work or as an assignment to ...

MANAGEMENT RIGHTS. 36.1 Except as modified by this Agreement, the Employer retains all rights of management, which, in addition to all powers, duties and rights established by constitutional provision or statute, will include but not be limited to, the right to: A. Determine the Employer’s functions, programs, organizational structure and use of technology; B. Determine the Employer’s budget and size of the institution of higher education’s workforce and the financial basis for layoffs; C. Direct and supervise employees; D. Take all necessary actions to carry out the mission of the State and its institutions during emergencies; E. Determine the Employer’s mission and strategic plans; F. Develop, enforce, modify or terminate any policy, procedure, manual or work method associated with the operations of the Employer; G. Determine or consolidate the location of operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations; H. Establish or modify the workweek, daily work shift, hours of work and days off; I. Establish work performance standards, which include, but are not limited to the priority, quality and quantity of work; J. Establish, allocate, reallocate or abolish positions and determine the skills and abilities necessary to perform the duties of such positions; K. Select, hire, assign, reassign, evaluate, retain, promote, demote, transfer and temporarily or permanently lay off employees; L. Determine, prioritize and assign work to be performed; M. Determine the need for and the method of scheduling, assigning, authorizing and approving overtime; N. Determine training needs, methods of training, and employees to be trained; O. Determine the reasons for and methods by which employees will be laid off; and P. Suspend, demote, reduce pay, discharge and/or take other disciplinary actions. 36.2 The Employer has the right to exercise all of the above rights and the lawful rights, prerogatives and functions of management. The Employer’s non-exercise of any right, prerogative or function will not be deemed a waiver of such right or establishment of a practice.

MANAGEMENT RIGHTS. The Union recognizes that it is the right of the Employer to exercise the regular and customary function of management and to direct the working forces, subject to the terms of this Agreement. The question of whether any of these rights is limited by this Agreement shall be decided through the grievance and arbitration procedure.

MANAGEMENT RIGHTS. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated or modified by the express terms and provisions of this Agreement are retained by the Employer.

MANAGEMENT RIGHTS. 5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

MANAGEMENT RIGHTS. The District retains all rights, powers and authority vested in it by the laws and Constitution of Michigan and the United States. All policies of the Board of Education, or powers which have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Not by way of limitation, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration, not by way of limitation, the right to: 1. Manage and control the schools' business, the equipment, the operations and to direct the working forces and affairs of the School District; 2. Continue its rights and past practice of assignment and the direction of all of its personnel, determine the number of shifts and hours of work and starting times and scheduling of all of the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days; 3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duty 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 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 the qualifications of employees, including physical conditions; 7. Determine the location or relocation of its facilities, including the establishment or locations 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, productions, services, maintenance or distribution of work, and the source of materials and supplies; 9. Determine the financial policies, inclu...

MANAGEMENT RIGHTS. 4.01 The Union recognizes and acknowledges that the management of the operations and the direction of the work force are fixed exclusively in the Company and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Company to: (a) maintain order and discipline and efficiency and in connection therewith; to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees; discipline or discharge employees for just cause, provided that a claim by an employee who has acquired seniority that they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided; (b) select, hire, transfer, assign to shifts, promote, demote, classify, lay off, or recall employees and select employees for positions excluded from the bargaining unit; (c) establish and administer tests for the purpose of assisting the Company in determining an employee's qualifications; (d) operate and manage the business in all respects in accordance with the Company's commitments, obligations and responsibilities including the right to determine the nature and kind of business conducted by the Company, determine the number and location of the Company's establishments, the extension, limitation, curtailment or cessation of operations or any part thereof, direction of the work force, schedules of operations, number of shifts, products and services to be rendered, methods, tools, processes and means of warehousing and distribution methods, techniques and work procedures, quality and quantity standards, kinds and locations of equipment, machinery and vehicles to be used at any time, selection and use of materials required by the Company; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; decide the number and type of employee needed by the Company at any time, number of hours to be worked; starting and quitting times, when overtime shall be worked; determine financial policies, including general accounting procedures and customer relations. 4.02 The foregoing enumeration of management's rights shall not be deemed to exclude other functions not specifically set forth, the Company, therefore retaining all rights not otherwise specifically and expressly covered in this Agreement. 4.03 The Company agrees ...

MANAGEMENT RIGHTS. The management of the Employer's business, and the direction of the working forces including the hiring, firing, promotion and demotion of employees, is vested exclusively in the Employer, except as may be otherwise specifically provided in this Agreement. The Union agrees that all employees shall be governed by all rules as adopted by the Employer and published to employees on bulletin or notice boards, or by general distribution, provided such rules are not in conflict with this Agreement.