Common use of Management’s Reserved Rights Clause in Contracts

Management’s Reserved Rights. a. The Union hereby recognizes and agrees that the County of Allegan, acting through its elected Board of Commissioners, is charged with certain powers, rights, authority and duties which are conferred upon the County by law and cannot be delegated. Except as in this Agreement otherwise specifically and expressly provided, the Employer retains the sole and exclusive right to manage and operate the County of Allegan in all of its operations and activities. Among the rights of management, included only by way of illustration and not by way of limitation, is the right to determine all matters pertaining to the services to be furnished and the methods, procedures, means, equipment, machines and facilities required to provide such service; to establish classifications of work and the number of personnel required; to determine the nature and number of facilities and departments to be operated and their location; to direct and control operations; to determine hours of work, work schedules and assignments of work; to maintain order and efficiency; to study and use improved methods and equipment including subcontracting; and in all respects to carry out the ordinary and customary functions of County government. The Union acknowledges that unless the Employer has expressly agreed otherwise in a specific provision of this Agreement, all rights and powers as provided by law and not limited by express provision of this Agreement are reserved by the Employer and shall not be subject to arbitration provided therein. b. The Employer shall also have the right to hire, promote, demote, assign, transfer, suspend, discipline and discharge for just cause; to layoff and recall personnel; to establish work rules and regulations and penalties for violations thereof; to make judgments as to ability and skill; and to provide and assign relief personnel; and as such to the extent of express provisions in this Agreement, these rights shall be subject to the grievance and arbitration procedure provided therein. c. The Employer retains the sole right to discipline and discharge employees for just cause, provided that in the exercise of this right it will not act in violation of the terms of this Agreement. The Employer agrees not to consider discipline older than 24 months in determining an appropriate penalty for a current infraction, provided that the employee has not been disciplined within the past 24-month period. d. In the event any discipline is imposed against any employee because of an infraction of Employer work rules, neither the Union nor the employee shall challenge the reasonableness of these rules, but shall only challenge their application through the grievance procedure provided for in this Agreement. e. Should any employee be disciplined for causes not covered by the aforesaid work rules, then the Union and/or employee(s) shall be permitted to challenge the reasonableness of such cause through the grievance procedure provided for in this Agreement.

Management’s Reserved Rights. a. a) The Union hereby recognizes and agrees that the County of Allegan, acting through its elected Board of Commissioners, is charged with certain powers, rights, authority and duties which are conferred upon the County by law and cannot be delegated. Except as in this Agreement Agreement, unless otherwise specifically and expressly provided, the Employer retains the sole and exclusive right to manage and operate the County of Allegan in all of its operations and activities. Among the rights of management, included only by way of illustration and not by way of limitation, is the right to determine all matters pertaining to the services to be furnished and furnished, the methods, procedures, means, equipment, machines and facilities required to provide such service; to establish classifications of work and the number of personnel required; to determine the nature and number of facilities and departments to be operated and their location; to direct and control operations; to determine hours of work, work schedules and assignments of work; to maintain order and efficiency; to study and use improved methods and equipment including subcontracting; and in all respects to carry out the ordinary and customary functions of County government. The Union acknowledges that unless the Employer has expressly agreed otherwise in a specific provision of this Agreement, Agreement all rights and powers as provided by law and not limited by express provision of this Agreement are reserved by the Employer and shall not be subject to arbitration provided therein. b. b) The Employer shall also have the right to hire, promote, demote, assign, transfer, suspend, discipline and discharge for just cause; to , layoff and recall personnel; , to establish work rules and regulations and penalties for violations thereof; , to make judgments as to ability and skill; and , to provide and assign relief personnel; , and as such to the extent of express provisions in this Agreement, these rights shall be subject to the grievance and arbitration procedure provided therein. c. c) The Employer retains the sole right to discipline and discharge employees Employees for just cause, provided that in the exercise of this right it will not act in violation of the terms of this Agreement. The Employer agrees not to consider discipline older than 24 months in determining an appropriate penalty for a current infraction, provided that the employee has not been disciplined within the past 24-month period. d. d) In the event any discipline is imposed against any employee Employee because of an infraction of Employer work rules, neither the Union nor the employee Employee shall challenge the reasonableness of these rules, but shall only challenge their application through the grievance procedure provided for in this Agreement. e. e) Should any employee Employee be disciplined for causes not covered by the aforesaid work rules, then the Union and/or employee(sEmployee(s) shall be permitted to challenge the reasonableness of such cause through the grievance procedure provided for in this Agreement.

Management’s Reserved Rights. a. a) The Union hereby recognizes and agrees that the County of Allegan, acting through its elected Board of Commissioners, is charged with certain powers, rights, authority and duties which are conferred upon the County by law and cannot be delegated. Except as in this Agreement Agreement, unless otherwise specifically and expressly provided, the Employer retains the sole and exclusive right to manage and operate the County of Allegan in all of its operations and activities. Among the rights of management, included only by way of illustration and not by way of limitation, is the right to determine all matters pertaining to the services to be furnished and furnished, the methods, procedures, means, equipment, machines and facilities required to provide such service; to establish classifications of work and the number of personnel required; to determine the nature and number of facilities and departments to be operated and their location; to direct and control operations; to determine hours of work, work schedules and assignments of work; to maintain order and efficiency; to study and use improved methods and equipment including subcontracting; and in all respects to carry out the ordinary and customary functions of County government. The Union acknowledges that unless the Employer has expressly agreed otherwise in a specific provision of this Agreement, all rights and powers as provided by law and not limited by express provision of this Agreement are reserved by the Employer and shall not be subject to arbitration provided therein. b. b) The Employer shall also have the right to hire, promote, demote, assign, transfer, suspend, discipline and discharge for just cause; to , layoff and recall personnel; , to establish work rules and regulations and penalties for violations thereof; to make judgments as to ability and skill; and to provide and assign relief personnel; , and as such to the extent of express provisions in this Agreement, these rights shall be subject to the grievance and arbitration procedure provided therein. c. c) The Employer retains the sole right to discipline and discharge employees Employees for just cause, provided that in the exercise of this right it will not act in violation of the terms of this Agreement. The Employer agrees not to consider discipline older than 24 months in determining an appropriate penalty for a current infraction, provided that the employee has not been disciplined within the past 24-month period. d. d) In the event any discipline is imposed against any employee Employee because of an infraction of Employer work rules, neither the Union nor the employee Employee shall challenge the reasonableness of these rules, but shall only challenge their application through the grievance procedure provided for in this Agreement. e. e) Should any employee Employee be disciplined for causes not covered by the aforesaid work rules, then the Union and/or employee(sEmployee (s) shall be permitted to challenge the reasonableness of such cause through the grievance procedure provided for in this Agreement.

Management’s Reserved Rights. a. The Union hereby recognizes and agrees that the County of AlleganAllegan and the Sheriff, acting through its the elected Board of Commissioners, is charged with certain powers, rights, authority and duties which are conferred upon the County and the Sheriff by law and cannot be delegated. Except as in this Agreement Agreement, unless otherwise specifically and expressly provided, the Employer retains the sole and exclusive right to manage and operate the Allegan County of Allegan Jail in all of its operations and activities. Among the rights of management, included only by way of illustration and not by way of limitation, is the right to determine all matters pertaining to the services to be furnished and furnished, the methods, procedures, means, equipment, machines and facilities required to provide such service; to establish classifications of work and the number of personnel required; to determine the nature and number of facilities and departments to be operated and their location; to direct and control operations; to determine hours of work, work schedules and assignments of work; to maintain order and efficiency; to study and use improved methods and equipment including subcontracting; and in all respects to carry out the ordinary and customary functions of County government. The Union acknowledges that unless the Employer has expressly agreed otherwise in a specific provision of this Agreement, all rights and powers as provided by law and not limited by express provision of this Agreement are reserved by the Employer and shall not be subject to arbitration provided therein. b. The Employer shall also have the right to hire, promote, demote, assign, transfer, suspend, discipline and discharge for just cause; to , layoff and recall personnel; , to establish work rules and regulations and penalties for violations thereof; , to make judgments as to ability and skill; and , to provide and assign relief personnel; , and as such to the extent of express provisions in this Agreement, these rights shall be subject to the grievance and arbitration procedure provided therein. The Employer will have all of the customary rights and functions of management and the Constitutional powers of the Sheriff shall not be diminished. c. The Employer retains the sole right to discipline and discharge employees for just cause, provided that in the exercise of this right it will not act in violation of the terms of this Agreement. The Employer agrees not to consider discipline older than 24 months in determining an appropriate penalty for a current infraction, provided that the employee has not been disciplined within the past 24-month period. d. In the event any discipline is imposed against any employee because of an infraction of Employer work rules, neither the Union nor the employee shall challenge the reasonableness of these rules, but shall only challenge their application through the grievance procedure provided for in this Agreement. e. Should any employee be disciplined for causes not covered by the aforesaid work rules, then the Union and/or employee(s) shall be permitted to challenge the reasonableness of such cause through the grievance procedure provided for in this Agreement.