MANAGEMENT'S RIGHTS Clause Samples

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited to the following: a) The right to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the grievance procedure set out herein. b) The right to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement. c) The right to operate and manage the Employer’s business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall be vested in the Employer. 3.03 The Employer may subcontract out work where: a) he does not possess the necessary facilities or equipment b) he does not have and/or cannot acquire the required manpower Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to do the work are on layoff, or if employees qualified to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of work.

MANAGEMENT'S RIGHTS. 3.01 The Employer's rights include but are not limited to the following provided such actions are consistent with the further terms of this Agreement: a. to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b. to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c. to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, equipment shall be vested in the Employer. 3.03 The Employer may contract out where: a. it does not possess the necessary facilities or equipment; b. it does not have and /or cannot acquire the required manpower; c. it does not have in its employ a sufficient quantity of employees who are qualified to complete a project within projected time limits; and, d. provided that contracting out additional work opportunities, (work that is not already part of the scope of work assigned through the original tender process) does not result in the layoff of employees qualified to perform the work and provided that no qualified employees are already laid off and available to do the work. 3.04 The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Representative may attend such meetings.

MANAGEMENT'S RIGHTS. Except as may be specifically modified by the terms of this Agreement, the State retains all rights of management in the direction of its work force. These rights of management shall include, but not be limited to, the right to: A) Direct employees. B) Hire, promote, transfer, assign and retain employees. C) Suspend, discharge or take other proper disciplinary action against employees. D) Reassign employees. E) Relieve employees from duty because of lack of work or other proper reasons. F) Schedule work. G) Determine methods, means and personnel by which operations are to be conducted.

MANAGEMENT'S RIGHTS. Section 1. The Employer retains full and exclusive authority for the management of its operations. The Employer shall direct their working forces at their prerogative, including, but not limited to hiring, promotion, transfer, lay-off or discharge for just cause. No rules, customs, or practices shall be permitted or observed which limit or restrict production or limit or restrict the working efforts of employees. The Employer shall utilize the most efficient method or techniques of construction, tools, or other labor saving devices. There shall be no limitations upon the choice of materials or design. The Employer shall schedule work, and shall determine when overtime will be worked. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth. The Employer, therefore, retains all management rights not specifically limited by the terms of this Agreement.

MANAGEMENT'S RIGHTS. 3.01 The Management of the Company and the direction of its employees are vested exclusively in the Company and shall not in any way be abridged except as specifically restricted in this Agreement. 3.01.01 The Union acknowledges that it is the exclusive function of the Company: A. To maintain order, discipline and efficiency, to establish and enforce reasonable Company rules, and to discipline, suspend and discharge employees for just cause. B. To hire new employees, retire, classify, direct, promote, demote, transfer, assign shifts and increase and decrease the work force from time to time. C. Generally to manage the enterprise in which the Company is engaged and, without restricting the generality of the foregoing, to establish the schedules of work, the right to determine the number and types of employees needed by the Company at any time, the kinds of machines, tools and equipment to be used and to establish company policy and procedures required for the efficient conduct of its business. D. To make and alter from time to time reasonable rules and regulations to be observed by its employees which shall not be discriminating in nature. 3.01.02 These enumerations shall not be deemed to exclude other prerogatives not herein enumerated, and any of the rights, powers or authority the Company had prior to the signing of this Agreement are hereby retained by the Company. 3.02 Such rights will be exercised in a manner that is not inconsistent with the provisions of this Agreement. 3.03 It is agreed and understood that nothing in the foregoing will detract from the right of an employee or the Union to initiate a grievance in the manner provided for in this Agreement.

MANAGEMENT'S RIGHTS. Subject only to the limits which are set forth in this Agreement, the Union recognizes the rights of the Employer to the management of its plant and the direction of the working forces, including the right to select, hire, promote, transfer, or discharge any Employee for just cause. The Union further recognizes the rights of the Employer to operate and manage its business in accordance with its commitments and responsibilities including methods, processes, and means of production and handling. ARTICLE SIX - UNION SECURITY

MANAGEMENT'S RIGHTS. 4.01 Subject to the terms of this Agreement, all rights and prerogatives of management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its management. Without limiting the generality of the foregoing, the Employer's rights shall include: (a) the right: to maintain order, discipline, and efficiency; to make, alter and enforce, from time to time, rules and regulations to be observed by its employees; to discipline and discharge employees for just cause; (b) the right: to select, hire and control the working force and employees; to transfer, assign, promote, demote, classify, layoff, recall, and suspend employees; to plan, direct and control its operations; to select and retain employees for positions excluded from the bargaining unit; (c) the right to determine: the location and extent of its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be performed; the standards of work and service; whether to make or buy goods and services; the schedules of work and of service; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the qualifications of employees; the use of improved methods, machinery and equipment; the number of employees needed by the Employer at any time and how many shall operate or work on any job, operation, or machine; working hours; the number of hours to be worked; starting and quitting time; and generally, the right to manage the business affairs of the Employer shall be the sole right of the Employer. 4.02 In administration of this Agreement, the Employer shall act reasonably, fairly, in good faith and in a manner consistent with the Agreement as a whole.

MANAGEMENT'S RIGHTS. (a) The Union recognizes the Management's authority to manage the affairs of the Company; to direct its working forces, including the right to hire, transfer, promote, demote, suspend and discharge for proper cause any employee; and to increase or decrease the working force of the Company; to reorganize, close, disband any department or section thereof, from time to time, as circumstances and necessity may require, provided that the Company shall not exercise these rights in a manner inconsistent with the terms of this Agreement. (b) An employee affected by the exercising of this authority who feels that he has cause for dissatisfaction, may have the complaint dealt with in accordance with the "Grievance Procedure" as outlined in Article No. 7

MANAGEMENT'S RIGHTS. Section 1. The Agency and OSFM retains all rights customarily attributed to the management and operation of the Department and OSFM unless otherwise specifically abridged by the provision of this Agreement. Section 2. These rights include but are not limited to the following: the right to operate and manage OSFM; to maintain order and efficiency; to direct employees and to determine job assignments and working schedules; to determine the method, means, standards, and personnel to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine whether the whole or the part of the operation shall continue to operate; to recruit, examine, select, and hire employees; to promote, transfer, assign, and reassign employees; to suspend, discharge, or take other proper disciplinary action against employees; to lay off employees; to recall employees; to require overtime work of employees; and to promulgate rules, regulations, and policies, provided such rights shall not be exercised so as to violate any of the specific provisions of this Agreement.