Common use of Item 5 Clause in Contracts

Item 5. Nothing in this Agreement shall limit the City in the exercise of its function of management and in the direction and supervision of the City's business. This includes, but is not limited to the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods in unexpected circumstances; hire, suspend, demote, discipline, or discharge; transfer or promote; layoff because of lack of work or other legitimate reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs; abolish and change existing jobs; determine where, when, how and by whom work will be done; determine standards of proficiency in police skills and physical fitness standards; except where any such rights are specifically modified or abridged by terms of this Agreement. Unless an express, specific provision of this Agreement clearly provides otherwise, the City, acting through its Mayor, City Council and Police Chief or any other appropriate officials as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by Law, custom, practice, usage or precedent to manage and control the Police Department. By way of example but not limitation, management retains the following rights:

Item 5. Nothing in this Agreement shall limit the City in the exercise of its function of management and in the direction and supervision of the City's business. This includes, but is not limited to the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods in unexpected circumstances; hire, suspend, demote, discipline, or discharge; transfer or promote; layoff because of lack of work or other legitimate reasonsreason; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs; abolish and change existing jobs; determine where, when, how and by whom work will be done; determine standards of proficiency in police skills and physical fitness standards; except where any such rights are specifically modified or abridged by terms of this Agreement. Unless an express, specific provision of this Agreement clearly provides otherwise, the City, acting through its Mayor, City Council and Police Chief or any other appropriate officials as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this Agreement either by Law, custom, practice, usage or precedent to manage and control the Police Department. By way of example but not limitation, management retains the following rights: