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. 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. 6.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer except as limited by the provision of the Agreement and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) to maintain order, discipline, efficiency and in connection therewith to establish reasonable rules and regulations, enforce and alter from time to time rules and regulations to be observed by the employees. Recognizing that rules and regulations will change from time to time, given the needs of the business, the Employer will apprise and discuss with the Union any such changes; (b) to select, hire, transfer, layoff, recall, promote, demote, classify, assign duties, establish qualification, dismiss, suspend or otherwise discipline employees, provided that a claim that an employee who has been dismissed or otherwise disciplined without just cause may be subject of a grievance under Articles 9 and 10 of this Agreement. All other matters not otherwise dealt with elsewhere in this Agreement are solely and exclusively the responsibility of the Employer; (c) generally to operate and manage its business in all respects and in accordance with its discretion, commitments, obligations and responsibilities. The right to determine the number of employees required from time to time, determine the kind of operations, the methods of execution, to decide on expansion, cutbacks, or the termination of operations in compliance with the provisions of the Agreement, the content of jobs, the standards or performance, the methods, procedures, machinery and equipment to be used, schedules of work, and all other matters concerning the Employer's operations not otherwise dealt with elsewhere in this Agreement are solely and exclusively the responsibility of the Employer. 6.02 The Employer agrees that in the exercise of these rights it shall at all times be governed by the terms of this Agreement. 6.03 The Union acknowledges that the Employer and the employees are required to comply with the Private Security and Investigative Services Act, 2005, as amended from time to time.

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. 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 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer, subject only to the specific provisions of this Collective Agreement and without limiting the generality of the foregoing, it is the right and function of the Employer: a. to develop and establish standards, policies, and procedures for the care, welfare, safety, and comfort of the residents and the efficient operation and management of the Retirement Residence, including an employee Code of Conduct that all employees will acknowledge annually by signing the Code of Conduct; b. to maintain order, discipline, and efficiency, and in connection therewith, to establish and enforce reasonable rules and regulations. Such rules, etc. will be posted on the employees' bulletin board. The Employer reserves the right to amend or abolish such rules, regulations, policies and procedures or introduce new rules, etc. from time to time, copies of which are to be posted on the bulletin board. It is agreed that, prior to changes being made under this clause, the Employer shall notify the employees of such change and further agrees to consider any representation made by the employees with respect to such change; c. to hire, transfer, layoff, recall, retire, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause provided that a claim of discriminatory transfer, promotion, demotion or classification or a claim that an employee who has completed probation has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided; d. to plan, direct, and control the work of the employees and the operations of the Retirement Residence. This includes the right to introduce new and improved methods, facilities, equipment; to determine the type and amount of orientation and supervision necessary, the combining or splitting up of job functions, the schedules of work assignments and the increase or reduction of personnel in any particular area or on the whole and the number of employees required for the Employer's purposes and to reduce or increase normal hours of work per day or per week and to establish starting and quitting times subject to Article 5.03c; e. to determine the services to be supplied, the standard of service, the number of shifts, job content and requirements; to determine qualifications of employees, and the standard of performance. The Employer's ...

MANAGEMENT RIGHTS. 4.01 The Union acknowledges that it is the exclusive function of the Employer to manage the organization and, without affecting the generality of the foregoing: a) to direct the operations of the organization in the best interests of the residents, the community and the employees both within, and outside, the Bargaining Unit; b) to formulate policies and procedures, which are not inconsistent with the provisions of this Agreement. Such rules and regulations shall be made available to all employees of the organization and shall be accessible to work areas to be specified by the organization. Any amendments to such rules and regulations shall be posted for the information of all organization employees. The Employer agrees to provide the Union with a copy of new rules and regulations prior to posting in the organization; c) to introduce new practices and/or methods to expand, reduce, eliminate, change or modify present methods and practices and to enter into contracts for buildings, repairs, equipment, supplies and materials; d) to determine where, by whom, in what manner, at what time, under what conditions employees in the Bargaining Unit shall perform their duties; e) to determine in the interests of efficient operation and highest standard of service the job rating and classification, the hours of work assignments and methods of doing work, the number of personnel required, provided always that reasonable notice shall be given to the employee or employees involved of any change to be made; f) to maintain order and discipline, to hire, assign, retire, classify, promote, transfer, demote, suspend or discharge or otherwise discipline employees, provided that a claim by an employee, who has completed the probationary period, that he/she has been discharged without just cause may be the subject of a grievance as hereinafter provided; g) to instruct and direct employees in their duties, responsibilities, conduct and attitudes towards residents, visitors, managers and other organization employees both within and outside the Bargaining Unit; h) to control the use of buildings, equipment, utensils, machinery, tools, materials, instruments, drugs, medicines, clothing, uniforms and all other articles or things belonging to the Employer.