ARTICLE MANAGEMENT RIGHTS The Union recognizes and acknowledges that the management of the Company and the direction of working forces are the exclusive right of the Company and remain solely with management except as specifically limited by the provisions of this Agreement. Without limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Company to:
MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility. (b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. (c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. (d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole. 3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.
MANAGEMENT RIGHTS CLAUSE Section 5.1. It is expressly agreed that all rights which are ordinarily vested in and have been exercised by the Employer, except those which are clearly and expressly relinquished herein by the Employer shall continue to be vested exclusively in and be exercised exclusively by the Employer, without prior negotiation with the Union either as to the taking of action under such rights or with respect to the consequence of such action during the term of the Agreement. Such rights shall include by way of illustration and not by way of limitation, the right to: (a) Manage and control the Cooperative, its facilities and its operations and to direct the working forces and affairs of the Employer. (b) Continue its rights and past practice of assignment and direction of work to all of its personnel, and hours of work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify, or change any work or business or school hours or days. (c) The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duties to employees (if temporary and of a short duration), determine the size of the work force and to lay off employees. (d) Determine the service, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operational production, the means, methods, and processes of carrying on the work including contracting out or automation thereof or changes therein; the institution or new and/or improved methods or changes therein: provided however, that if the Employer's production standards are unreasonable, the Union shall have recourse to use the grievance procedure as provided for therein. (e) Adopt, put into effect, and enforce reasonable rules and regulations. (f) Establish the qualifications of employees, including physical conditions. (g) Determine the number and location or relocation of buildings, offices and facilities, the layout and equipment, and the work areas. (h) Determine the placing of operation production, service, maintenance or distribution of work with contractors, and the source of materials and supplies. (i) Determine the policy affecting the selection, testing, or training of employees, providing that such selection shall be based upon lawful criteria. Section 5.2. The matters contained in this Article, except where specifically qualified elsewhere in this Agreement, are not subject to further negotiations between the parties during the term of this Agreement.
Client Rights The Employer and the Union are committed to quality care of clients. It is the right of clients, in the privacy of their home, to choose the employee with whom they feel the most comfortable. The Employer support client rights. If a client wishes to change employees, for any reason, the Employer will respect the right of the client to do so. If a client chooses to change employees, the employee who is being unscheduled shall be eligible for another client(s) or equivalent hours as available. The Employer will make a good faith effort to provide support for a successful employee/client relationship(s). At the discretion of the parties, the Employer and the Union may explore through the Labor Management Committee methods of coaching, counseling or mediation to assist in the resolution of client/worker conflicts to help ensure consistent service delivery with minimal worker reassignment.
Development Rights The Employee agrees and declares that all proprietary information including but not limited to trade secrets, know-how, patents and other rights in connection therewith developed by or with the contribution of Employee's efforts during his employment with the Company shall be the sole property of the Company. Upon the Company's request (whenever made), Employee shall execute and assign to the Company all the rights in the proprietary information.