RESERVATIONS OF MANAGEMENT FUNCTION Clause Samples
RESERVATIONS OF MANAGEMENT FUNCTION. 4.01 It is the exclusive right of the Company to operate and manage the affairs in which it is engaged and to direct its working forces. Such rights, without limiting the foregoing, include, but are not limited to: the right to hire, determine the job qualifications of employees, classify, promote, transfer, layoff, recall, test; to discipline, suspend with or without pay, or discharge for just cause; to determine the number of employees to perform the work; to control and regulate the use of all equipment and to schedule the work; to determine the products, machinery and tools to be used; to determine the utilization of all machinery, tools and equipment. The administration of the foregoing shall be consistent with the provisions of this Agreement.
4.02 The Company and union having agreed on the Plant Rules and Regulations, appended to this Agreement (Appendix “B”) and forming part of this Agreement, do agree that such rules and regulations shall stand for the duration of this Agreement and it is further agreed that save and except for 4.03 following, any changes or amendments to such shall be implemented only upon agreement between the Company and the Union.
4.03 Observing the responsibilities placed on the Company by the Workplace Safety and Health Act, Safety and Health Rules may be added to, deleted or amended from time to time by the Company and shall be exempt the conditions of Article 4.02. Such changes shall be consistent with Article 26 and posted within the plant for a period of five (5) days prior to taking effect.
4.04 It is understood and agreed between the parties that there will be no contracting out of work normally performed by Bargaining Unit employees where it is feasible for such work to be retained in house. Contracting out of work may occur where there is a lack of ability in house due to capacity or capability. Should there be a necessity to contract out any work that cannot be performed by employees in the Bargaining Unit the Company shall meet and discuss with the Union the reasons for the necessity for the work to be contracted out. It is agreed by the Company that in the event that Bargaining Unit job security is threatened every attempt shall be made to bring back any contract or subcontract work that can be performed by the Bargaining Unit to prevent loss of job security. The Company shall supply a list monthly of work that is being contracted out detailing the type of part and the reasons.
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RESERVATIONS OF MANAGEMENT FUNCTION. 4.01 It is the exclusive right of the Company to operate and manage the affairs in which it is engaged and to direct its working forces. These rights shall not in any way be abridged except by specific restriction as set forth in this Agreement.
4.02 Such rights, without limiting the foregoing, include, but are not limited to; the right to hire, determine the job qualifications of employees, classify, promote, demote, transfer, lay off, recall, test; to discipline, suspend or discharge for just cause, to determine the number of employees to perform the work; to control and regulate the use of all equipment and to schedule the work; to contract and sub-contract work, to determine the equipment, trucks, tools, machinery and products to be used; to determine the utilization of all equipment, trucks, machinery, tools and products; to determine or establish new or improved operating methods, equipment or facilities, including technological changes; to make, enforce and alter from time to time reasonable rules and regulations to be observed by the employees except as expressly specifically limited by the terms of this Agreement. The Company shall endeavour to employ all KGL Company employees and owner-operators prior to sub-contracting additional work.
4.03 The foregoing enumeration of Management's rights shall not be deemed to exclude other rights of Management not specifically set forth. The Company therefore retains all rights not otherwise specifically covered by this Agreement irrespective of whether the same have been hereto exercised.