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. 1. The Company shall have the sole right to determine the manner and extent to which the facility and equipment it owns, operates, and/or occupies shall be operated, services or employment increased or reduced, including the right to plan, direct and control operations, hire, suspend or discharge and the right to introduce new and/or improved methods, facilities or equipment. 2. It is agreed that all rights which are ordinarily vested in and are exercised by the Company, except those expressly relinquished by the terms of this Agreement, are reserved to and shall continue to be vested in the Company, and such rights shall be retained by the Company, except as expressly and specifically abridged, delegated, granted, or modified by this Agreement. The Company may issue reasonable rules, which shall supplement the Company’s Associate Handbook to address any issues not expressly covered within the Articles of this Agreement. While the Company may be guided by the Associate Handbook to address any issues not specifically set forth in this Agreement, the Union may challenge such decisions through the grievance procedures. 3. Supervisory and management personnel retain the right to work regularly scheduled shifts, additional shifts and extra work to maintain staffing as part of their job duties and as scheduled by the Company. This is not to be used to erode the bargaining unit. 4. The Company reserves the right to add, expand, contract, locate, relocate, or close facilities as necessary. Any changes, which may impact the number of associates, will be shared with the Union, with as much advance notice as reasonably possible. The Union waives none of its rights under the National Labor Relations Act. 5. The Company has the right to insist on attendance by Union associates for training, to include but not be limited to, integrity, regulatory compliance, and procedures. The Company has the right to require that attendance by the Union associates be documented by the signing of a certificate of completion. If such certificate of completion requires anything other than a signature to verify attendance, a copy of the certificate of completion will be provided to the Union in advance. Additionally, the Company has the right to require associates to remain on premises for the “unworked” balance of any eight (8) hour day, for the purpose of continuing education and training. Based on business needs and at the discretion of the Company, the Company will make a reasonable e...

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. 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 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. 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. 3.01 Except and as to the extent specifically modified by this Agreement, the Union agrees that the Company has the exclusive right to manage the enterprise in which the Company is engaged and to deal with all matters concerning the operation of the Company’s business. This shall include, this enumeration being merely by way of illustration and not by way of limitation, the right to: (a) Manage and direct the working forces, including the right to hire and to suspend, discipline or discharge employees for just cause. (b) To set the qualifications required for a position. (c) Determine the extent, means and manner of reducing or increasing the operation or the employees subject to the terms of this Agreement. (d) Assign, promote, and/or transfer employees to positions and classifications not covered by this Agreement, it being understood that employees in the Bargaining Unit cannot be forced to take a position outside the Bargaining Unit. (e) Schedule employees, to determine the number of employees, to establish the supervision required, the number of hours and shifts to be worked, the need for overtime. (f) Make such operating changes as are deemed necessary for the efficient and economical operation of the Branch, including the right to change the normal work week, the number of hours normally worked during the work week, the length of the normal workday, the hours of work, the beginning and ending time of each shift or assignment, and the number of shifts to be operated. (g) Make or alter reasonable rules and regulations, to maintain order and discipline, efficiency and productivity and to establish and determine the methods, processes and means of providing the services required; to introduce the use of new or improved methods, technical advancement and equipment. (h) In the exercise of its Management rights, the Company shall comply with the provisions of the present Agreement and the paragraphs above shall not deprive employees or the Union of the right to have recourse to the grievance and arbitration procedure provided for in the present Agreement. 3.02 Failure by the Company to exercise any of its Management Rights or other rights must not be considered to be an abandonment of those rights or create a waiver unless agreed by the Company in writing. Prior to management enforcing any rights that they have abandoned or perceived to have abandoned, the Company shall inform all employees and the Union in writing.

MANAGEMENT RIGHTS. 14.1 The C/S/E/Ds retain full and exclusive authority for the management of their operations. This includes, but is not limited to, the right to direct their working force and to establish coordinated working hours and starting times, which shall not be in conflict with the Schedule A Agreements. 14.2 There shall be no limit on production by workers or restrictions on the full use of tools or equipment. Craftsmen using tools shall perform any of the work of the trades and shall work under the direction of the craft foremen. There shall be no restrictions on efficient use of manpower other than as may be required by safety regulations. The C/S/E/Ds may utilize the most efficient methods or techniques of construction, tools or other labor-saving devices to accomplish the work. Restrictive practices not a part of the terms and conditions of this Agreement will not be recognized. 14.3 The C/S/E/D shall be the sole judge of the number and classifications of employees required to perform work subject to this Agreement. The C/S/E/D shall have the absolute right to hire, promote, suspend, discharge or lay off employees at their discretion and to reject any applicant for employment, subject to the provisions of the respective craft collective bargaining agreement between the particular C/S/E/D and Union and pursuant to this Agreement. 14.4 Nothing in this Agreement shall be construed to limit the right of any of the C/S/E/Ds to select the lowest bidder he deems qualified for the award of contracts or subcontracts or material, supplies, or equipment purchase orders on the Project. Contractors shall have the absolute right to award contracts or subcontracts for Project Work to any qualified contractor notwithstanding the existence or non-existence of any agreements between such contractor and any Union parties hereto, provided only that such contractor is willing, ready and able to execute and comply with this Project Labor Agreement should such contractor be awarded work covered by this Agreement. The right of ultimate selection remains solely with the C/S/E/D in accordance with the Construction Contract or Inspection Services Contract. 14.5 It is recognized that certain materials, equipment and systems of a highly technical or technological and specialized nature will have to be installed at the Project. The nature of the materials or the nature of the equipment and systems, together with requirements of manufacturer's warranty, dictate that it be prefabricated, pr...

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.