Common use of Board's Rights and Responsibilities Clause in Contracts

Board's Rights and Responsibilities. 4.1 The Board and the Superintendent retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by law and the Constitutions of the State of Michigan and the United States including, but without limiting the generality of the foregoing the right: (a) To the executive management and administrative control of the school system and its properties and facilities; (b) To hire all employees and to determine their qualifications and fitness for employment and conditions for their continued employment or their dismissal or demotion or otherwise discipline employees for reasons not arbitrary and/or capricious (tenured teachers) and to promote and transfer employees; (c) To establish grades and courses of instruction, including special programs, and to approve the means and methods of instruction; (d) To provide for athletic, recreational, and social events for students, all as deemed necessary or advisable by the Board. (e) To determine overall goals and objectives as well as the policies affecting the educational program; (f) To select textbooks, teaching materials and teaching aids; (g) To determine class schedules, class size, the hours of instruction and assignment of teachers with respect thereto; (h) To determine the services, supplies, and equipment necessary to continue its operations and to determine the methods and processes of carrying on the work; (i) To determine the duties, responsibilities, and assignments of all employees; (j) To adopt reasonable rules and regulations, which are not in conflict with this Agreement; (k) To develop and control the budget of the District; (l) To determine the location or relocation of its facilities, including establishment or relocation of new schools, buildings, division or subdivisions, thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; (m) To determine the financial policies including all accounting procedures and all matters pertaining to public relations; (n) To determine the size of the management organization, its functions, authority, amount of supervision and table of organization; and 4.2 The listing of specific management rights in this agreement is not intended to be nor shall it be restrictive of, or a waiver of, any right of management not listed and specifically surrendered herein, whether or not such right have been exercised by the Board in the past. 4.3 The exercise of the foregoing powers, rights, duties and responsibilities by the Board and the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be the exclusive prerogative of the Board except as otherwise limited by the specific terms of this Agreement. 4.4 In the event that any provisions of this Agreement shall at any time be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree has not been appealed within the time provided for doing so, such provisions shall be void and inoperative and subject to renegotiations. However, all other provisions of this Agreement shall continue in effect. 4.5 Pursuant to MCL: 141.1501 to 141.1531, the parties agree that an emergency financial manager may reject, modify or terminate the collective bargaining agreement as provided in the local government and school district fiscal accountability ▇▇▇ ▇▇▇▇ PA 4, MCL 141.1501 to 141.1531. Provisions required by this subsection are prohibited subjects of bargaining under this act.

Board's Rights and Responsibilities. 4.1 The Board and the Superintendent retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by law and the Constitutions of the State of Michigan and the United States including, but without limiting the generality of the foregoing the right: (a) To the executive management and administrative control of the school system and its properties and facilities; (b) To hire all employees and to determine their qualifications and fitness for employment and conditions for their continued employment or their dismissal or demotion or otherwise discipline employees for reasons not arbitrary and/or capricious (tenured teachers) and to promote and transfer employees; (c) To establish grades and courses of instruction, including special programs, and to approve the means and methods of instruction; (d) To provide for athletic, recreational, and social events for students, all as deemed necessary or advisable by the Board. (e) To determine overall goals and objectives as well as the policies affecting the educational program; (f) To select textbooks, teaching materials and teaching aids; (g) To determine class schedules, class size, the hours of instruction and assignment of teachers with respect thereto; (h) To determine the services, supplies, and equipment necessary to continue its operations and to determine the methods and processes of carrying on the work; (i) To determine the duties, responsibilities, and assignments of all employees; (j) To adopt reasonable rules and regulations, which are not in conflict with this Agreement; (k) To develop and control the budget of the District; (l) To determine the location or relocation of its facilities, including establishment or relocation of new schools, buildings, division or subdivisions, thereof, and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; (m) To determine the financial policies including all accounting procedures and all matters pertaining to public relations; (n) To determine the size of the management organization, its functions, authority, amount of supervision and table of organization; and 4.2 The listing of specific management rights in this agreement is not intended to be nor shall it be restrictive of, or a waiver of, any right of management not listed and specifically surrendered herein, whether or not such right have been exercised by the Board in the past. 4.3 The exercise of the foregoing powers, rights, duties and responsibilities by the Board and the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be the exclusive prerogative of the Board except as otherwise limited by the specific terms of this Agreement. 4.4 In the event that any provisions of this Agreement shall at any time be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree has not been appealed within the time provided for doing so, such provisions shall be void and inoperative and subject to renegotiations. However, all other provisions of this Agreement shall continue in effect. 4.5 Pursuant to MCL: 141.1501 to 141.1531An emergency manager appointed under the Local Financial Stability and Choice Act, the parties agree that an emergency financial manager MCL 423.215(7), may reject, modify or terminate the collective bargaining agreement this Agreement as provided in the local government and school district fiscal accountability ▇▇▇ ▇▇▇▇ PA 4, MCL 141.1501 to 141.1531. Provisions required by this subsection are prohibited subjects of bargaining under this actthat Act.