RESERVATION OF MANAGEMENT FUNCTIONS Clause Samples
The Reservation of Management Functions clause defines and preserves the employer's exclusive authority to manage and direct the operations of the business. In practice, this clause typically outlines specific rights retained by management, such as hiring, assigning work, setting policies, and making operational decisions, regardless of any collective bargaining agreement or employee input. Its core function is to ensure that essential managerial prerogatives remain with the employer, thereby preventing any unintended transfer of control over business operations to employees or unions.
RESERVATION OF MANAGEMENT FUNCTIONS. 6.01 The Union acknowledges it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency;
(b) hire, classify, transfer, promote, demote and layoff employees and also to suspend, discipline or discharge employees for just cause, provided that a claim by an employee that he/she has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided.
6.02 The Union further recognizes the right of the Employer to operate and manage its schools and operations in all respects in accordance with its commitments and its obligations and responsibilities. The right to decide on the number of employees needed by the Employer at any time, the right to use modern methods, machinery and equipment and jurisdiction over all operations, buildings and equipment are solely and exclusively the responsibility of the Employer. The Employer also has the right to make and alter from time to time rules and regulations to be observed by the employees, but before altering any such rules the Employer will discuss same with the Union and give them an opportunity of making representations with regard to such proposed alterations. The Employer agrees that any such rules shall not conflict with the provisions of this Agreement.
6.03 None of the rights set forth in this Article will be exercised in a manner inconsistent with the provisions of this Agreement.
RESERVATION OF MANAGEMENT FUNCTIONS. 5.1 The Association acknowledges that it is the exclusive function of the Employer to:
(a) Maintain order, discipline and efficiency;
(b) hire, discharge, direct, transfer, promote, demote, lay-off and suspend or otherwise discipline Nurses provided that a claim of discharge or discipline without just cause may be the subject of a grievance;
(c) make and alter from time to time written reasonable rules and regulations to be observed by the nurses;
(d) generally to manage the Home and direct the work of the nurses and, without restricting the generality of the foregoing, to determine the number of nurses required and the methods, procedures, and equipment to be used, and all other matters concerning the Employer's operation.
5.2 The Home will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.
RESERVATION OF MANAGEMENT FUNCTIONS. 3.01 The Union acknowledges that it is the exclusive function of the Company to:
(a) maintain order, discipline and efficiency;
(b) hire, retire, discharge, classify, transfer, assign, direct, promote, demote, lay-off and suspend or otherwise discipline employees for just cause, subject to the provisions of this Agreement, and;
(c) generally to manage the industrial enterprise in which the Company is engaged, and without restricting the generality of the foregoing, the kinds and locations of equipment, machines and tools to be used, the allocation and number of employees required by the Company from time to time.
3.02 All the functions, powers and authorities, which the Company has not specifically abridged, delegated or modified by the Agreement, will be recognized as being retained by the Company.
RESERVATION OF MANAGEMENT FUNCTIONS. The Union acknowledges that it is the exclusive function of the Company to:
RESERVATION OF MANAGEMENT FUNCTIONS.
4.01 The Union acknowledges that it is exclusively the function of the Corporation to:
(a) Maintain order, discipline and efficiency;
(b) Hire, discharge, direct, transfer, promote, demote, lay-off and suspend, or otherwise discipline employees, providing that a claim of discriminatory promotion or demotion or a claim that an employee has been discharged or disciplined without just cause, may be subject to a grievance and dealt with in accordance with the grievance procedure;
(c) Make and alter, from time to time, rules and regulations to be observed by the employees, provided they are not inconsistent with the provisions of this Agreement.
(d) Generally, to manage the operations and to direct the work of the employees and, without restricting the generality of the foregoing, to determine the number of employees required and the methods, procedures and equipment to be used and all other matters concerning the Corporation’s operations not otherwise specifically dealt with elsewhere in this Agreement; and
(e) Where a decision is made affecting a group of employees, the Unit Chairperson and Secretary of the Union shall be notified by the Director of Human Resources or their designate as soon as it is practicable but in any event not later than thirty (30) days prior to the decision being implemented or such time limits as specifically contained in this Agreement.
(f) Where changes in the staff complement are implemented, i.e., hiring, lay- offs, re-calls, terminations, transfers, and redundant positions and such other notification as contained in this Agreement, the Director of Human Resources or their designate shall notify the Unit Chairperson or their designate as soon as it is practicable, unless a separate timeframe is specified elsewhere in the agreement. Such notification shall be made by email or hardcopy.
4.02 The Corporation agrees that these functions shall be exercised in a manner consistent with the provisions of this Agreement.
4.03 (a)
RESERVATION OF MANAGEMENT FUNCTIONS. 4.01 The Union acknowledges that it is the exclusive function of the Company to:
(a) maintain order, discipline and efficiency;
(b) hire, retire, discharge, classify, transfer, assign, direct, promote, demote, layoff and suspend or otherwise discipline employees for just cause.
(c) generally to manage the industrial enterprise in which the Company is engaged, and without restricting the generality of the foregoing, the kinds and locations of equipment, machines and tools to be used, the products to be handled, processed or manufactured, the scheduling and method of production, the allocation and number of employees required by the Company from time to time.
4.02 All the functions, powers and authorities, which the Company has not specifically abridged, delegated or modified by the Agreement, will be recognized as being retained by the Company.
4.03 All the foregoing is subject to the provisions of this Agreement.
RESERVATION OF MANAGEMENT FUNCTIONS. 6.01 The Bargaining Unit acknowledges it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency;
(b) hire, classify, reclassify, transfer, promote, demote, and lay off Employees and also to suspend, discipline or discharge for just cause. A claim by an Employee who has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided. It is understood that discharge or discipline of a probationary Employee shall not be the subject of a grievance provided the Employer was acting in good faith.
6.02 The Bargaining Unit further recognizes the right of the Employer to operate and manage its schools and offices in all respects in accordance with its commitments, obligations, responsibilities and the statutes and regulations of the Province of Ontario. The right to decide on the number of Employees needed by the Employer at any time, the right to use modern methods and equipment, and jurisdiction over all operations are solely and exclusively the responsibility of the Employer. The Employer also has the right to make and alter from time to time the rules and regulations to be observed by the Employees. The Employer recognizes that any changes in the rules and regulations or procedures must be preceded by communication with the ▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ Executive, and in no event shall such rules or regulations be inconsistent with the express provisions of this Agreement.
RESERVATION OF MANAGEMENT FUNCTIONS. 4.01 The Union acknowledges that it is the function of the Corporation to:
a) Maintain order, discipline and efficiency.
b) Hire, discharge, direct, transfer, promote, demote, lay off and otherwise discipline employees, provided that a claim that an employee has been discharged or disciplined without proper cause or directed, transferred, promoted, demoted, laid off or recalled contrary to the provisions of this Agreement may be the subject of a grievance and dealt with in accordance with the Grievance Procedure.
c) Make and alter from time to time rules and regulations to be observed by the employees, provided they are not inconsistent with the provisions of this Agreement; and
d) Generally, to manage the operations and undertaking of the Corporation and without restricting the generality of the foregoing, to determine the schedules and programming of works, projects, the kinds and locations of machines, tools and equipment to be used.
e) Where changes in the staff complement are implemented, the Corporation agrees to notify the Unit Chairperson as soon as practicable, but in any event not later than three (3) working days after such change has occurred. Such notification may be made by email or hardcopy, whichever is agreed between the parties, within the three (3) day period.
4.02 The Corporation agrees that these functions will be exercised in a manner consistent with the provisions of this Agreement.
RESERVATION OF MANAGEMENT FUNCTIONS. L4.01 The Association recognizes that it is the right of the Employer to exercise the regular and customary functions of management and to direct the Employees, subject to the terms of this Agreement.
L4.02 The Association acknowledges it is the exclusive function of the Employer, subject to the terms of this Agreement, to:
a) Maintain order, discipline and efficiency;
b) Hire, classify, reclassify, transfer, promote, demote, and lay off Employees and also to suspend, discipline or discharge for just cause. A claim by an Employee who has acquired seniority, and who has been suspended, discharged or disciplined without just cause must be the subject of a grievance and dealt with as hereinafter provided.
c) To decide on the number of employees needed by the Employer at any time and jurisdiction over all operations are solely and exclusively the responsibility of the Employer.
L4.03 ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ School Board expects all Employees to observe good safety practices at all times and to draw, without delay, to the attention of the immediate supervisor, any unsafe practices or safety hazards which might be observed.
L4.04 a) An Employee who has been summoned to a meeting or who has formally requested a meeting for the purpose of discussing a professional difficulty shall be informed by administration/designate that they are entitled to have an Association representative present.
RESERVATION OF MANAGEMENT FUNCTIONS. 2.01 The Union acknowledges that, except as expressly modified by any other article of this Collective Agreement, it is the exclusive right and function of the Board to:
(a) maintain order, discipline and efficiency and to make, alter and enforce rules and regulations to be observed by employees;
(b) hire, retire, classify, direct, transfer, promote, demote, lay off, discipline, suspend or discharge employees, provided that a claim of discriminatory demotion, discipline or suspension, or a claim that an employee has been discharged without just cause may be the subject of a grievance and be dealt with as hereinafter provided;
(c) generally to manage the services and operations in which the Board is engaged and, without restricting the generality of the foregoing, to retain all residual rights of management, to determine the number and locations of establishments, to determine the work to be performed, and the scheduling of such work, and the methods and work procedures to be followed.