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 7.1 Management Responsibilities The Union recognizes the right and authority of the District, subject to the restrictions, modifications, and limitations of this Agreement, to administer the business of the Pleasant Valley Joint Fire District, and in addition to other functions and responsibilities which are required by law, the Union recognizes that the District has and will retain the full right and responsibility to direct the operations of the Department, to promulgate reasonable rules and regulations and to otherwise exercise the prerogatives of management, which more particularly include, but are not limited to, the following: 1. Determine the size and composition of the District’s workforce, the organizational structure of the District and the methods by which operations are to be performed by the District employees. 2. Manage the District’s budget, including but limited to the right, within the provision of the Ohio Revised Code, to contract or subcontract any work or operations of the District’s, except for firefighting and emergency medical/paramedical services. 3. Determine the nature, extent, type, quality, and level of services to be provided to the public by the District’s employees and the manner in which those services will be provided. 4. Determine, change, maintain, reduce, alter or abolish the technology, equipment, tools, processes or materials the District’s employees shall use. 5. Restrict the activity of an employee organization on District time except as set forth in this Agreement. 6. Determine job descriptions, procedures and standards for recruiting, selecting, hiring, training and promoting employees 7. Assign work, subcontract work, except for firefighting and emergency medical/paramedical services, establish and/or change working hours, schedules and assignments as deemed necessary by the District to assure efficient operations. 8. Direct and supervise employees and establish and/or modify performance programs and standard, methods, rules and regulations, and policies and procedures applicable to the District’ employees. 9. Hire, evaluate, promote, retain, transfer (permanently or temporarily), and assign permanent employees, unless otherwise abridged by this agreement. 10. Discharge, remove, demote, reduce, suspend, reprimand or otherwise discipline employees for cause. 11. Lay off employees of the District, because of lack of work or funds. 12. Determine matters of inherent managerial policy, which include, but are n...

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 Employer has the right to manage its operations, unless expressly limited in this Agreement. The Association recognizes that the Employer has the obligation of serving the public with the highest quality of medical care, efficiently and economically, and/or meeting medical emergencies. The Association further recognizes the right of the Employer to operate and manage the hospital including but not limited to the right to require standards of performance, quality and productivity and to maintain order and efficiency; to direct nurses and to determine job assignments and working schedules, breaks and shifts; to determine the materials and equipment to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine the kind and location of facilities; to determine whether the whole or any part of the operation or job classifications shall continue to operate; to subcontract; to establish new or different operations within or external to existing facilities to determine educational standards and qualification requirements; to select and hire nurses; to promote and transfer nurses; to require applicant or employee medical/psychological testing, including drug and alcohol testing (unless inconsistent with specific agreements negotiated with the Association); to discipline, demote or discharge nurses for just cause; to discharge probationary employees for any reason; to lay off nurses for lack of work; to recall nurses; to require reasonable overtime work of nurses; and to promulgate rules, regulations and personnel policies, provided that such rights shall not be exercised so as to violate any of the specific provisions of this Agreement. The parties recognize that the above statement of management responsibilities should not be construed as restrictive or interpreted so as to exclude those prerogatives not mentioned which are inherent to the management function. The terms and conditions of employment set forth in the Employer’s Employee handbook (as amended from time to time) shall be made available to employees electronically and the Employer’s general Human Resources Policies and Procedures shall govern the employment of employees covered by this Agreement to the extent that such terms are not inconsistent with this Agreement (in which case the Agreement shall govern in the event of any conflict). Notwithstanding any provision of the Handbook to the contrary, the Employer shall notify the Union 15 busine...

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 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.

MANAGEMENT RIGHTS. 5.01 Except and to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its management. There shall be no attempt by either party or an Arbitrator or a Board of Arbitration to read into the provisions of this Agreement a principle or authority whereby the process of collective bargaining has in any way usurped the rights of management. Without limiting the generality of the foregoing, the Employer’s exclusive rights, power and authority shall include, but shall not be confined to the right to: (a) maintain order, discipline and efficiency; (b) make and enforce and alter from time to time rules and regulations to be observed by all employees; (c) hire, assign duties, transfer, promote, demote, classify, layoff, recall, discharge, suspend or otherwise discipline employees, provided that a claim that an employee, who has completed his probationary period, has been discharged or disciplined without just cause or has been dealt with contrary to the provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided; (d) determine the location and extent of the operations and their designation, commencement, expansion, revision, curtailment or discontinuance; to plan, direct, control and alter all operations; determine in the interest of efficient operation and highest standards of service, the direction of the working forces, the services to be provided and the methods, procedures and equipment to be used in connection therewith; determine the descriptions of the jobs, the hours of work, the work assignments, the methods of doing the work and the working establishment for any service and the standards of performance for all employees; (e) determine the qualifications of employees, the number of employees required by the Employer at any one time; introduce new and improved methods, facilities, equipment; control the amount of supervision necessary; to increase or reduce personnel in any particular area; generally, solely and exclusively manage the Agency and its operations without interference subject to the express terms of this Agreement. 5.02 Where the rights, power and authority set out above are modified or limited by the terms of this Agreement, they shall only be modified or limited to the extent specifically provided for therein.

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.