Common use of RIGHTS OF MANAGEMENT Clause in Contracts

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promote, discharge for just cause, improve efficiency, and determine work schedules and the location of department headquarters are examples of management prerogatives. However, it is understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. 3.2 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. 3.1 ‌ 17.1 The right to hire, promote, discipline and discharge for just cause, improve efficiency, and determine the work schedules and the location of department the Employer’s headquarters are examples of management prerogatives. However, it is understood that the City The Employer retains its right to manage and operate its departments except as may be limited by an the express provision provisions of this Agreement. 3.2 17.2 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the Employer, and as such, maximized performance is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the Employer's right to determine the methods, processes and means of providing municipal services; the right to increase, diminish or change operations, in whole or in part; the right to determine municipal equipment, including the introduction of any and all new, improved or automated methods or equipment; and the assignment of employees to a specific job within the bargaining unit in accordance with their job classification or title. 17.3 The Union recognizes the Employer's right to establish and/or revise performance evaluation system(s). Such system(s) may be used to determine acceptable performance levels, prepare work schedules and measure the performance of employees. In establishing new and/or revising existing evaluation system(s), the Employer will meet prior to implementation with the Labor-Management Committee to jointly discuss such performance standards. 17.4 The Employer agrees that performance standards will be reasonable. 17.5 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall will be made by the department head involvedPresiding Judge, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior Prior to approval by the department head involved Presiding Judge to contract out work under this provision, the Union shall will be notified. The department head involved shall Presiding Judge will make available to Local 17 the Union upon request request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City willNo later than June 1, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal2020, the parties hereby recognize agree to reopen the City's right contracting provisions related to determine notice and types of information when the methods, processesCity is contracting out work, and means provisions related to comparable wages and benefits when work is contracted out. Contracting out will be a part of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate LMLC work outplan for 2019-of-class assignments2020. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. ‌ 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase or diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit and the right to determine appropriate work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.3 The Union recognizes the City's right to establish and/or revise performance standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. . 3.4.1 Determination as to (1), (2), or (3) above shall be made by the department head appointing authority involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior . Prior to approval by the department head appointing authority involved to contract out work under this provision, the Union shall be notified. The City shall provide consistent and uniform contracting out notice from each City department head to the Union. The appointing authority involved shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 3.4.2 The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The 3.4.3 No later than June 1, 2020 the parties agree to reopen the contracting provisions related to notice and types information when the City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of is contracting out work, and provisions related to comparable wages and benefits when work is contracted out. 3.4.4 Contracting Out will be a part of the durationLMLC work plan for 2019-2020. 3.4.5 No later than June 1, 2020 the parties agree to reopen the contracting provisions related to notice and types information when the City is contracting out work, and the number of hours of contractor provisions related to comparable wages and benefits when work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreementcontracted out. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. ‌ 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase or diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit and the right to determine appropriate work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.3 The Union recognizes the City's right to establish and/or revise performance standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. . 3.4.1 Determination as to (1), (2), or (3) above shall be made by the department head appointing authority involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior . Prior to approval by the department head appointing authority involved to contract out work under this provision, the Union shall be notified. The City shall provide consistent and uniform contracting out notice from each city department head to the Union. The appointing authority involved shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 3.4.2 The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The 3.4.3 No later than June 1, 2020 the parties agree to reopen the contracting provisions related to notice and types information when the City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of is contracting out work, and provisions related to comparable wages and benefits when work is contracted out. 3.4.4 Contracting Out will be a part of the durationLMLC work plan for 2019-2020. 3.4.5 No later than June 1, 2020 the parties agree to reopen the contracting provisions related to notice and types information when the City is contracting out work, and the number of hours of contractor provisions related to comparable wages and benefits when work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreementcontracted out. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. 3.1 17.1 The right to hire, promote, discipline and discharge for just cause, improve efficiency, and determine the work schedules and the location of department the Employer’s headquarters are examples of management prerogatives. However, it is understood that the City The Employer retains its right to manage and operate its departments except as may be limited by an the express provision provisions of this Agreement. 3.2 17.2 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the Employer, and as such, maximized performance is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the Employer's right to determine the methods, processes and means of providing municipal services; the right to increase, diminish or change operations, in whole or in part; the right to determine municipal equipment, including the introduction of any and all new, improved or automated methods or equipment; and the assignment of employees to a specific job within the bargaining unit in accordance with their job classification or title. 17.3 The Union recognizes the Employer's right to establish and/or revise performance evaluation system(s). Such system(s) may be used to determine acceptable performance levels, prepare work schedules and measure the performance of employees. In establishing new and/or revising existing evaluation system(s), the Employer shall meet prior to implementation with the Labor-Management Committee to jointly discuss such performance standards. 17.4 The Employer agrees that performance standards shall be reasonable. 17.5 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involvedPresiding Judge, and their whose determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved Presiding Judge to contract out work under this provision, the Union shall be notified. The department head involved Presiding Judge shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. 3.1 ‌ 17.1 The right to hire, promote, discipline and discharge for just cause, improve efficiency, and determine the work schedules and the location of department the Employer’s headquarters are examples of management prerogatives. However, it is understood that the City The Employer retains its right to manage and operate its departments except as may be limited by an the express provision provisions of this Agreement. 3.2 17.2 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the Employer, and as such, maximized performance is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the Employer's right to determine the methods, processes and means of providing municipal services; the right to increase, diminish or change operations, in whole or in part; the right to determine municipal equipment, including the introduction of any and all new, improved or automated methods or equipment; and the assignment of employees to a specific job within the bargaining unit in accordance with their job classification or title. 17.3 The Union recognizes the Employer's right to establish and/or revise performance evaluation system(s). Such system(s) may be used to determine acceptable performance levels, prepare work schedules and measure the performance of employees. In establishing new and/or revising existing evaluation system(s), the Employer will meet prior to implementation with the Labor-Management Committee to jointly discuss such performance standards. 17.4 The Employer agrees that performance standards will be reasonable. 17.5 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall will be made by the department head involvedPresiding Judge, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior Prior to approval by the department head involved Presiding Judge to contract out work under this provision, the Union shall will be notified. The department head involved shall Presiding Judge will make available to Local 17 the Union upon request request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City willNo later than June 1, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal2020, the parties hereby recognize agree to reopen the City's right contracting provisions related to determine notice and types of information when the methods, processesCity is contracting out work, and means provisions related to comparable wages and benefits when work is contracted out. Contracting our will be a part of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate LMLC work outplan for 2019-of-class assignments2020. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promote, discharge for just cause, improve efficiency, and determine work schedules and the location of department headquarters are examples of management prerogatives. However, it is understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. 3.2 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, involved prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The City shall provide consistent and uniform contracting out notice from each City department to the Union. The department head involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. ‌ 3.1 The right to hire, promote, discharge for just cause, improve efficiency, and determine work schedules management of the Seattle Municipal Court and the location direction of department headquarters the work force are examples of management prerogatives. Howevervested exclusively in the Employer, it is understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. 3.2 Except where limited by an express provision of this Agreement, the Employer reserves the right to manage and operate the Municipal Court at its discretion. A nonexclusive listing or examples of such rights include the right: A. To recruit, hire, assign, transfer, promote, discipline, or discharge employees; B. To determine the methods, processes, means and personnel necessary for providing services of the Municipal Court, including the increase or diminution or change of operations, the introduction of any new, improved, automated methods or equipment, the assignment of employees to specific jobs, the determination of job content and/or job duties, and the combination or consolidation of jobs; C. The right to set standards of work performance and to evaluate performance; D. To determine hours of work, work schedules and the location of work assignments and offices; E. The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall will be made by the department head involvedMunicipal Court Administrator, and their the determination in such case shall be final, binding and not subject to the grievance procedure; provided, howevercase, prior to approval by the department head involved Municipal Court Administrator to contract out work under this provision, the Union shall Guild will be notified. The Court will provide consistent and uniform contracting out notice from each Court department head involved shall to the Guild. The Municipal Court Administrator will make available to Local 17 the Guild upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union Guild may grieve contracting out for work as described in Section 3.2 of this Articleabove, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City willNo later than June 1, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal2020, the parties hereby recognize agree to reopen the City's right contracting provisions related to determine notice and types information when the methods, processesCourt is contracting out work, and means provisions related to comparable wages and benefits when work is contracted out. Contracting Out will be a part of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to LMLC work plan for 2019-2020. F. To temporarily assign employees to a specific job or position outside the bargaining unitunit for such purposes as peak workload demands; training; to fill-in for the absence of the Chief Marshal; emergency situations; and to accommodate injuries. G. To maintain, administer, and modify, as deemed necessary, the Municipal Court Policies and Procedures; H. To control the Municipal Court budget; I. To determine rules relating to acceptable employee conduct; J. To change, at any time, any work schedule/pay practice in which an employee, by action of the City, receives eight (8) hours’ pay for less than eight (8) hours work, so as to require such an employee to work eight (8) hours per day for eight (8) hours’ pay, or to pay such employee for the actual hours worked; K. To determine the uniform required to be worn, as well as the vendors to be used for the purchase of uniforms; L. To conduct inspections to insure employees report for duty in a full and presentable uniform. 3.3 The employer reserves the right to determine appropriate work out-of-class assignmentstake whatever actions are necessary in emergencies to assure the proper functioning of the Municipal Court. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase or diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit and the right to determine appropriate work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.3 The Union recognizes the City's right to establish and/or revise performance standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head appointing authority involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head appointing authority involved to contract out work under this provision, the Union shall be notified. The department head appointing authority involved shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase or diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit and the right to determine appropriate work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.3 The Union recognizes the City's right to establish and/or revise performance standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and if that contract is the number cause of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreementAgreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.

RIGHTS OF MANAGEMENT. ‌ 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, increase or change municipal diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit; unit and the right to determine appropriate work work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.6 3.3 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s)standards. Such systems standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for bargaining unit work on a short-term, temporary basis under the following guidelines: 1) required expertise is not available within the City work force, or 2) the City shalloccurrence of peak loads above the work force capability. Determination as to (1) or (2) above shall be made by the department head involved; provided, however, prior to implementationapproval by the department head involved to contract out work under this provision, place said changes on an agenda the Union will be notified thirty (30) days prior to the start of a Labor- Management meeting any new contract or as soon as the department is aware of the need to contract. This notification shall include: 1. A detailed justification for discussion.the proposed contracting; 2. A labor force analysis demonstrating why the current workforce cannot complete the work; 3. The location where the work will be performed; 4. A description of the work to be contracted;

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promote, discipline/discharge for just cause, improve efficiency, and determine the work schedules and the location locations of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. 3.2 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City and, as such, maximized productivity is recognized to be an obligation of the employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the City's methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish or change municipal equipment, including the introduction of any and all new, improved or automated methods or equipment; and the assignment of employees to specific jobs within the bargaining unit. 3.3 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involvedhead, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and if that contract is the number cause of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreementAgreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 3.4 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In The City shall notify the Union prior to establishing new and/or revising existing performance evaluation system(s) ). 3.5 Any performance standards used to measure the City shall, prior to implementation, place said changes on an agenda performance of a Labor- Management meeting for discussionemployees shall be reasonable.

RIGHTS OF MANAGEMENT. ‌ 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, increase or change municipal diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit; unit and the right to determine appropriate work work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.6 3.3 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s)standards. Such systems standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for bargaining unit work on a short-term, temporary basis under the following guidelines: 1) required expertise is not available within the City work force, or 2) the City shalloccurrence of peak loads above the work force capability. Determination as to (1) or (2) above shall be made by the department head involved; provided, however, prior to implementationapproval by the department head involved to contract out work under this provision, place said changes the Union will be notified thirty (30) days prior to the start of any new contract or as soon as the department is aware of the need to contract. This notification shall include: • A detailed justification for the proposed contracting; • A labor force analysis demonstrating why the current workforce cannot complete the work; • The location where the work will be performed; • A description of the work to be contracted; • The estimated duration and amount of the contract; • The intended start date; and • The date the work must be completed, if applicable. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed in conjunction with affected Union(s). Based on the review, if the City and Union(s) determine(s) there is an agenda ongoing need, the parties will, in good faith, collaboratively determine whether the circumstances warrant the proposal of additional regular positions. 3.4.1 The Union may grieve contracting out for work as described herein, if such contract involves work normally performed by employees covered by this Agreement. 3.4.2 Contracting Out will be a Labor- Management meeting part of the LMLC work plan for discussion2024.

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promotepromote (in accordance with the Personnel Ordinance), discipline, and/or discharge for just cause, improve efficiency, and determine the work schedules and the location of department headquarters are examples of management prerogatives. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types. 3.2 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, increase or change municipal diminish equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; jobs, including the right to temporarily assign employees to a specific job or position outside the bargaining unit; unit and the right to determine appropriate work work-out-of-class assignments; the determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, the exercise of such rights contained herein shall not modify or change any provision of this Agreement without the written concurrence of the Union and the City. 3.6 3.3 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s)standards. Such systems standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s. 3.4 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for bargaining unit work on a short-term, temporary basis under the following guidelines: 1) required expertise is not available within the City work force, or 2) the City shalloccurrence of peak loads above the work force capability. Determination as to (1) or (2) above shall be made by the department head involved; provided, however, prior to implementationapproval by the department head involved to contract out work under this provision, place said changes on an agenda the Union will be notified thirty (30) days prior to the start of a Labor- Management meeting any new contract or as soon as the department is aware of the need to contract. This notification shall include: 1. A detailed justification for discussion.the proposed contracting; 2. A labor force analysis demonstrating why the current workforce cannot complete the work; 3. The location where the work will be performed; 4. A description of the work to be contracted;

RIGHTS OF MANAGEMENT. 3.1 The right to hire, promote, discipline/discharge for just cause, improve efficiency, and determine the work schedules and the location locations of department headquarters are examples of management prerogatives, subject to any specific restrictions detailed herein. However, it It is also understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement. 3.2 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City and, as such, maximized productivity is recognized to be an obligation of the employees covered by this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the City's methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish or change municipal equipment, including the introduction of any and all new, improved or automated methods or equipment; and the assignment of employees to specific jobs within the bargaining unit. 3.3 The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved to contract out work under this provision, the Union shall be notified. The department head involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that Employer agrees to notify the UnionGuild in some cases it makes sense to convert contract work to regular positions. The City willadvance of anticipated departmental changes significantly affecting wages, during its budget processhours, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff working conditions of employees covered by this agreementAgreement and to provide a reasonable opportunity to bargain such changes. Conferences Negotiations may be held thereon upon request by either party prior to such changes being placed in effect. For illustrative purposes, such changes would include, but are not limited to, changes in bargaining unit working hours, and the expansion or reduction of major services. Transfers, reassignments, and emergency situations shall be exempt from this provision. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union Guild recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In The City shall notify the Union Guild prior to establishing new and/or revising existing performance evaluation system(s) ). 3.6 Any performance standards used to measure the City shall, prior to implementation, place said changes on an agenda performance of a Labor- Management meeting for discussionemployees shall be reasonable.

RIGHTS OF MANAGEMENT. 3.1 Section 1. The right rights to hire, promote, discharge for just causetransfer, improve efficiency, and determine work schedules and the location of department headquarters work locations are examples of management prerogatives. However, it It is also understood that the City Board retains its right to manage and operate its departments the Library except as may be limited by an express provision of this Agreement. 3.2 Section 2. The City will make every effort Union recognizes the Board's right to utilize its establish and/or revise performance standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or group of employees. In establishing new and/or revising existing performance standards, the Library shall meet prior to implementation with the Joint Labor- Management Committee to jointly discuss such performance standards. The Library also agrees that performance standards shall be reasonable. Section 3. Rights of management are not subject to the grievance procedure. Section 4. The parties hereby recognize the Board's right to determine the methods, processes and means of providing Library service, the rights to increase, diminish or change Library equipment, including the introduction of any and all new, improved or automated methods or equipment, the assignment of employees to perform all workspecific jobs, but the City reserves determination of job content and/or job duties and the combination or consolidation of jobs; provided, however, in exercising such rights nothing contained herein shall modify or change any provision of this Agreement without the written concurrence of the Union and the Library; and provided, further, that in exercising such rights, the Library recognizes its duty to engage in effects bargaining pursuant to RCW 41.56. Section 5. The Union recognizes the right of the Library to contract out for work under the following guidelines: continue those contracts and/or practices currently in effect. (1) required expertise is not available within the City Library work force, or (2) the contract will result in cost savings to the CityLibrary, or (3) the occurrence of peak loads above the work force capability. Determination as to (1), (2), or (3) above shall be made by the department head involvedCity LibrarianExecutive Director and Chief Librarian, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head involved City LibrarianExecutive Director and Chief Librarian to contract out work under this provision, the Union shall be notifiednotified by placing the proposed contract as an informational item on the Union-Management Leadership meeting agenda. The department head involved City LibrarianExecutive Director and Chief Librarian shall make available to Local 17 the Union upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action. 3.3 . The Union may grieve contracting out for work as described in Section 3.2 of this Articleherein, if such contract involves work normally performed by employees covered by this Agreement. 3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positionsSection 6. The City will, during its budget process, review the use of contractors in the terms of nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant As part of its commitment not public responsibility and in support of public engagement programs, The Seattle Public Library may participate in or establish public employment or volunteer programs to use contractors which would cause the layoff of employees covered by this agreement. 3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work out-of-class assignments. 3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees. In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor- Management meeting for discussion.provide