Common use of Retention of Managerial Prerogatives Clause in Contracts

Retention of Managerial Prerogatives. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to the rights, in accordance with its sole and exclusive judgment and discretion: to reprimand, suspend, discharge, or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications, and assign and direct their work; to promote, demote, transfer, lay off for lack of work, recall to work, and to process employees' retirement; to set the standards of productivity, the products to be produced, and/or the services to be rendered; to train and develop employees; to determine the amount and forms of compensation for employees; to determine what types and levels of benefits may be provided to employees; to determine whether to share or allocate any awards to employees; maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company or provided for the use or lease of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend, revise, implement, and enforce reasonable policies, rules, regulations, and practices, including but not limited to safety and substance abuse requirements and prohibitions; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Company, to manage its operations, and to direct the Company's working force and employees. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to and are retained by the Company. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement. No relationship between the parties to this Agreement shall be construed to constitute or create any implied limitation on the Company's authority, rights, functions, prerogatives, or powers.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Retention of Managerial Prerogatives. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the CompanyUniversity, including, but not limited to to, the rights, in accordance with its sole and exclusive judgment and discretion: • to take actions necessary to maintain the cost effectiveness of University operations; • to reprimand, suspend, discharge, or otherwise discipline employees for just causeemployees; to determine the number of employees to be employed; to hire employees, determine their qualifications, and assign and direct their work; to promote, demote, transfer, lay off for lack of workoff, recall to work, and to process rehire employees' retirement; to set the standards of productivity, the products to be produced, and/or productivity and the services to be rendered; to train and develop employees; to determine the classification and the amount and forms of compensation for employees; to determine what types and levels of benefits may be provided to employees; to determine whether to share or allocate any awards to employees; maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time time, and the number of hours and shifts schedules to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company or provided for the use or lease of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment; to determine the number, location and operation of departments, divisions, and all other units of the CompanyUniversity; to issue, amend, revise, implement, amend and enforce reasonable revise policies, rules, regulations, and practices, including but not limited ; • to safety and substance abuse requirements and prohibitionstake such actions as may be necessary to carry out the missions of the University in case of emergencies; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the CompanyUniversity; and, to manage its operations, and to direct the Company's working force and University’s employees. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to and are retained by the Company. The Company's University’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's University’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's University’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the this Agreement. No relationship between the parties to this Agreement shall be construed to constitute or create any implied limitation on the Company's authority, rights, functions, prerogatives, or powers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Retention of Managerial Prerogatives. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the CompanyEmployer, including, but not limited to to, the rights, in accordance with its sole and exclusive judgment and discretion: to reprimand, suspend, discharge, or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications, judge their competency, and assign and direct their work, the right to determine what duties shall be performed and by whom; to promote, demote, transfer, lay off for lack of work, recall to work, and to process transfer employees' retirement; to set the standards of productivity, the products to be produced, and/or the services to be rendered; rendered to train and develop employees; to determine the amount and forms of compensation for employees; to determine what types and levels of benefits may be provided to employees; to determine whether to share or allocate any awards to employees; maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company's Employer’s operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company or provided for the use or lease of the CompanyEmployer; to introduce new or improved research, production, service, distribution, and maintenance methods, materialsimproved, machinery, and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend, revise, implement, amend and enforce reasonable revise policies, rules, regulations, and practices, including but practices so long as not limited contrary to safety and substance abuse requirements and prohibitionsthe terms of this agreement; and to take whatever action is either establish rules and/or policies necessary to comply with federal or advisable to determine, managestate law, and fulfill the mission of the Company, to manage its operations, and to direct the Company's working force and employees. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to and are retained by the Companyregulations. The Company's Employer’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's Employer’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's Employer’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the this Agreement. No relationship between The Employer has an employee handbook in place which is superseded by this agreement with respect to any point covered in this agreement. The handbook may continue to be utilized by the parties Employer as a guide for addressing personnel issues with the employees so long as it does not provide for action inconsistent with this agreement. The Employer reserves the right to modify, change or amend the Employer Handbook at any time so long as the modifications or changes are not inconsistent with this Agreement shall be construed to constitute or create any implied limitation on the Company's authority, rights, functions, prerogatives, or powersagreement.

Appears in 1 contract

Samples: Agreement

AutoNDA by SimpleDocs

Retention of Managerial Prerogatives. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to the rights, in accordance with its sole and exclusive judgment and discretion: to reprimand, suspend, discharge, or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications, and assign and direct their work; to promote, demote, transfer, lay off for lack of workoff, recall to work, and to process retire employees' retirement; to set the standards of productivity, the products to be produced, and/or the services to be rendered; to train and develop employees; to determine the amount and forms of compensation for employees; to determine what types and levels of benefits may be provided to employees; to determine whether to share or allocate any awards to employees; maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company or provided for the use or lease of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend, revise, implement, and enforce reasonable policies, rules, regulations, and practices, including but not limited to safety and substance abuse requirements and prohibitions; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Company, to manage its operations, and to direct the Company's working force and employees. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to and are retained by the Company. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement. No relationship between the parties to this Agreement shall be construed to constitute or create any implied limitation on the Company's authority, rights, functions, prerogatives, or powers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.