Common use of MANAGEMENT'S RIGHTS Clause in Contracts

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 A. It is expressly agreed that all rights include but which ordinarily vest in and have been exercised by the Board, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board. Such rights shall include, by way of illustration and not limited to by way of limitation, the followingright to: a) 1. The right to maintain order, discipline executive management 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 administrative control of the grievance procedure set out herein.school system and its properties, facilities, equipment, and the activities of its employees during working hours; b) The right 2. Hire all employees and to selectdetermine their qualifications and the conditions for their continued employment, hire their days and direct the workforce and employees; to transferhours of work, assigntheir work schedules, promotetheir assignment, demoteplacement, classifydismissal, suspension, layoff, recall or demotion, and suspend employees; to select promote and retain transfer all such employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of unless specified otherwise in this agreement. c) The right to operate , determine and manage the Employer’s business in order to satisfy its commitments and responsibilities. The right to re-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 descriptions, and quantity standardsresponsibilities; 3. Determine the services, supplies and equipment necessary to continue operation and to determine all methods and means of performing, distributing, disseminating, and/or selling its services, methods, schedules and standards of operation or operation; the means, methods, and processes of carrying on the work, including automation or contracting thereof, or changes therein; the institution of new and/or improved methods or changes therein; 4. Adopt rules and regulations; 5. Determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or sub- divisions thereof, and the relocation or closing of offices, departments, divisions or sub- divisions, buildings or other facilities; 6. Determine the size of the management organization, its functions, programs, authority, amount of supervision and table of organization; 7. Determine the policy affecting the selection, testing or training of employees. B. The matters contained in this Agreement and/or the exercise of such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement, unless by mutual consent. C. Nothing in this Master Agreement shall be construed to limit the powers and responsibilities conferred upon the Board of Education or the Superintendent under the Laws or Constitution of the State of Michigan. Specifically, the right to use improved methods, machinery rights and equipment, responsibilities as conferred under the right to determine Public Employment Relations Act and 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 interferenceRevised School Code are preserved. 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: a) 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) 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) 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 a. He does not possess the necessary facilities or equipment; b) he 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 Section 3.1. The Employer’s rights include EMPLOYER retains full and exclusive authority for the management of its operations. The EMPLOYER shall direct their working forces at their prerogative, including, but are not limited to hiring, promotion, transfer, lay-off or administering disciplinary action. No rules, customs, or practices shall be permitted or observed which limit or restrict production or limit or restrict the following:working efforts of employees. The EMPLOYER shall schedule work, and shall determine when overtime will be worked and who will work overtime. 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 and residual rights of management not specifically limited by the terms of this Agreement. a) The Section 3.2. Except as expressly limited by other specific provisions of this Agreement, the EMPLOYER retains the exclusive right to maintain orderdirect the workforce including, discipline and efficiencybut not limited to; to makethe hiring, alter and enforce rules and regulationspromotion, policies and practicestransfer, to be adhered to by layoff, discipline, suspension, or discharge for just cause of its employees; to discipline the selection of ▇▇▇▇▇▇▇ 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 general ▇▇▇▇▇▇▇ (with input 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 EmployerUNION), the direction of the working forces, the assignment and scheduling of work, including mandatory overtime work; the number promulgation and subsequent revision of shiftsreasonable work rules and labor relations policies and procedures. The EMPLOYER may utilize any methods and techniques of construction, the methods, processes maintenance 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 interferencesupport services. 3.02 The sole Section 3.3. Their shall be no restrictions or limitations upon the EMPLOYER’S choice of materials, components or equipment regardless of source, vendor or location including, but not limited to, no restrictions or limitations on the full use and exclusive jurisdiction over operations, buildingutilization of; equipment, machinery, packaging, pre-cast, pre-fabricated, off site fabricated, pre-finished and equipment shall be vested in the Employerpre-assembled components of any type or description. 3.03 The Employer Section 3.4. Should the UNIONS signatory to this Agreement enter into any project labor agreement(s) (present or future) applicable to work at the SITE which grants any terms and conditions more favorable to the EMPLOYER than the terms and conditions in this Agreement, then SRNS, the SUPPORT MANAGER and EMPLOYERS signatory to this Agreement, may, at their sole discretion, automatically be entitled to such terms and conditions. Upon written notice by the SUPPORT MANAGER, the LMCC shall address this issue within thirty (30) days notice and develop the appropriate amendment(s) and/or the applicable contract language revisions, as may subcontract out work where: abe required, incorporating the more favorable terms and conditions of any applicable (SRS only) he does not possess project labor agreement at 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 workSITE into this Agreement.

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited to the following: a) The 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 manpower c) he cannot perform the work in a manner that is competitive in terms of cost, quality and within projected time limits; 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 2:01 The Employer’s rights include but are not limited to union recognizes and acknowledges that the followingmanagement of the business of the employer, including the direction of the work forces, is the exclusive right and function of the employer and, without limiting the generality of the foregoing, the union acknowledges that it is the exclusive right and function of the employer to: (a) The right to maintain Maintain order, discipline and efficiency; efficiency and in connection therewith to make, alter alter, and enforce rules and regulations, from time to time policies and practices, practices to be adhered to observed by its employees; to ’ discipline and or discharge employees for with just cause, provided however that probationary employees may be terminated without regard but subject to cause within the probationary period and such probationary employees will not be entitled right of an employee to have the benefit of the grievance procedure set out herein.file a grievance; (b) The right to selectSelect, hire and direct the workforce and employees; to hire, transfer, assignassign to shifts, promote, demote, classifylayoff or recall employees, 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 Determine 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 Employeroperations, and their expansion or their curtailment, the direction of the working forces, the scheduling schedules of workoperations, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standardsthe establishment of work assignments, the right qualifications required to do any work assignment, the use of improved methods, machinery and equipment, the right to determine decide on the number of employees needed by the Employer employer at any time time, number of hours to be worked and generally, starting and quitting times; (d) Have 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 all operations, buildingbuildings, machinery, equipment and equipment employees. The employer agrees that it will exercise its functions in a manner consistent with the provisions of this Agreement and that this clause shall be vested in the Employernot invalidate any other portion of this agreement. 3.03 The Employer may subcontract out 2:02 If the credit union assigns non bargaining unit work where: a) he does not possess to the necessary facilities or equipment b) he does not have and/or cannot acquire the required manpower Work normally performed by members of employees, and such work remains in the bargaining unit for a period of sixty (60) days or more in any three (3) month period, it will not be subcontracted out if employees qualified deemed at that point to do belong to the work are on layoff, or if employees qualified to do Bargaining unit permanently. Such time limits can be extended by mutual agreement of both parties. 2:03 The Union recognizes the work must be laid off, transferred, demoted or discharged as the result right of the subcontracting out Company to manage its business in all respects in accordance with its commitments and all responsibilities. The services the Company is to provide its members, the location of workits offices and schedule of opening hours, are the sole responsibility of the Company, except as limited by the terms and conditions of this collective agreement.

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited to the following: a) 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) 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) 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) a. he does not possess the necessary facilities or equipment b) 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 Subject to the terms of this Agreement, the Employer’s 's rights include but are not limited to the followingright to: a) The right to maintain 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 selectSelect, hire and direct the workforce working force 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.and c) The right to operate Operate and manage the Employer’s '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.. JFSLMaintenance Services lnc./CLAC, local 63 Construction/Non-Construction/Maintenance-NWT 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall will be vested in the Employer. 3.03 The Employer may subcontract only contract out work where: a) he does It do not possess the necessary facilities or equipment; b) he does It do not have and/or cannot acquire the required manpower Work normally performed by members manpower; c) It cannot perform the work in a manner that is competitive in terms of cost, quality and within required time limits. 3.04 The Employer will discuss with the Union, at the pre-job conference, the portion or portions of the bargaining unit will not project that the Employer wishes to sub-contract and the subcontractors to be subcontracted out if employees qualified hired to do such work. ARTIC LE 4 - UNION REPRESENTATION For the work are on layoffpurpose of representation with the Employer, the Union will function and be recognized as follows: 4.01 Stewards a) The Union has the right to select or if appoint Union stewards {"Stewards") to assist the employees qualified in presenting any complaints or grievances they have to do the work must be laid off, transferred, demoted or discharged as the result representatives of the subcontracting Employer and to enforce and administer the Agreement. In general, the number of Stewards will be determined as follows : i) When there are fifty (SO) or less employees - one (1) ▇▇▇▇▇▇▇; ii) Over fifty (SO) employees, but less than one hundred {100) - two (2) stewards; iii) For every hundred (100) employees beyond one hundred (100) - at least one {1) additional ▇▇▇▇▇▇▇. More Stewards may be added by mutual agreement. b) i) Stewards will receive the hourly premium as set out in Schedule "A". The U nion will advise the Employer in writing the name(s) of workthe ▇▇▇▇▇▇▇(s).

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited to the following: a) 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) 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) 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) a. he does not possess the necessary facilities or equipment; b) b. he does not have and/or and cannot acquire the required manpower 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. 3.04 Any subcontracting must be first presented to the Union with the rationale for it. 3.05 Where an Employer subcontracts work which otherwise would be performed by employees covered by this agreement, each Employer agrees to hire only sub- contractors whose employees will be paid not less than the rates of pay listed on Schedule “A”. 3.06 Where the Contractor subcontracts work, he shall invite tenders from all relevant trade contractors listed in the current CLAC trade directory. When inviting and/or accepting a subcontracting arrangement with non-CLAC affiliated contractors, the Contractor shall inform such sub- contractors of a preference for CLAC affiliated trades, and require that such sub-contractors permit their employees working on site to meet with a CLAC representative to discuss the advantages of being organized with CLAC.

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited to the following: a) 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) 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) 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) a. he does not possess the necessary facilities or equipment; b) b. he does not have and/or and cannot acquire the required manpower 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. 3.04 Any subcontracting must be first presented to the Union with the rationale for it. 3.05 Where an Employer subcontracts work which otherwise would be performed by employees covered by this agreement, each Employer agrees to hire only sub-contractors whose employees will be paid not less than the rates of pay listed on Schedule “A”. 3.06 Where the Contractor subcontracts work, he shall invite tenders from all relevant trade contractors listed in the current CLAC trade directory. When inviting and/or accepting a subcontracting arrangement with non-CLAC affiliated contractors, the Contractor shall inform such sub-contractors of a preference for CLAC affiliated trades, and require that such sub-contractors permit their employees working on site to meet with a CLAC representative to discuss the advantages of being organized with CLAC.

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited 5.01 Except and to the followingextent specifically modified by 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 exclusive rights, power and authority shall include, but shall not be confined to the right to: (a) The right to maintain order, discipline and efficiency; to make, alter ; (b) make and enforce and alter from time to time reasonable rules and regulations, policies and practices, regulations to be adhered to observed by its all employees; to discipline and discharge employees for just cause; (c) hire, 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 selectassign duties, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall recall, discharge, suspend or otherwise discipline employees for just cause provided that a claim by an employee that he has been discharged or disciplined without just cause may become the subject of a grievance and suspend employeesmay be dealt with as hereinafter provided. (d) determine the location and extent of the operations and their designation, commencement, expansion, revision, curtailment or discontinuance; to select plan, direct, control and retain employees for positions excluded from alter all operations; determine in the bargaining unit; provided such actions are consistent with the further terms interest of this agreement. c) The right to operate efficient operation and manage the Employer’s business in order to satisfy its commitments and responsibilities. The right to determine the kind and location highest standards of business to be done by the Employerservice, the direction of the working forces, the scheduling services to be provided and the methods, procedures and equipment to be used in connection therewith; determine the descriptions of the jobs, the hours of work, the number of shiftswork assignments, the methodsmethods of doing the work and the working establishment for any service and the standards of performance for all employees; may, processes as provided in clauses 31.06 and means 31.07, require the medical examination of an employee at the Employer's expense by which work is to be performeda mutually acceptable physician; (e) determine relevant qualifications of employees, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed required by the Employer at any time one time; introduce and generallyimprove methods, the right to manage the business of the Employerfacilities, and to plan, direct and equipment; control the operations amount of the Employersupervision necessary, without interferenceto increase or reduce personnel in any particular area. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall be vested in the Employer. 3.03 5.02 The Employer may subcontract out work where: a) he does agrees not possess to exercise these rights in a manner that is inconsistent with the necessary facilities or equipment b) he does not have and/or cannot acquire the required manpower Work normally performed by members provisions 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 workthis Agreement.

MANAGEMENT'S RIGHTS. 3.01 The Employer’s 's rights include but are not limited to the followingfollowing provided such actions are consistent with the further terms of this Agreement: a) The right 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 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 the right: to operate and manage the Employer’s '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 contract out work where: a) he it does not possess the necessary facilities or equipment; b) he it does not have and/or and /or cannot acquire the required manpower Work normally performed by members manpower; c) It does 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 bargaining unit will scope of work assigned through the original tender process) does not be subcontracted out if result in the layoff of employees qualified to do perform the work and provided that no qualified employees are on layoff, or if employees qualified already laid off and available to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of work. 3.04 The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A CLAC Representative may attend such meetings.

MANAGEMENT'S RIGHTS. 3.01 The Employer’s rights include but are not limited to the following: a) 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) 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) 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) a. he does not possess the necessary facilities or equipment b) b. he does not have and/or cannot acquire the required manpower c. he cannot perform the work in a manner that is competitive in terms of cost, quality and within projected time limits; 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 SECTION 5.1 - Enumerated Rights The Employer’s Company reserves all rights include but are not limited which it heretofore had except to the followingextent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be a source of potential controversy, these rights being: a) a. Hire; b. Assign work and schedule; c. 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, classifytransfer, layoffand lay off employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, recall promoted, transferred, or laid off; d. Discharge, discipline, or suspend; for just cause: e. Determine the size and suspend composition of the workforce, including the number of, if any, employees assigned to any particular shift and the number of full-time and share-time employees; to select ; f. Make and retain employees for positions excluded from the bargaining unit; provided such actions are consistent enforce work rules not inconsistent with the further terms provisions of this agreement.; c) g. Require Employees to observe reasonable Employer rules and regulations; h. Determine when overtime shall be worked and require employees to work; i. Approve all leave and determine whether an employee may take unpaid leave when all forms of paid leave have been exhausted; j. Determine the qualifications of an Employee to perform work; k. The right to operate determine, direct, and manage change the Employer’s business work operations and work force of the Company; l. The right to ensure adherence to performance standards, the type of services tobe rendered, and the manner in order which such services are to satisfy its commitments and responsibilities. be performed; m. The right to determine the kind type and location quantity of business machines, equipment, and supplies to be done used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or handled by the EmployerCompany; n. The right to sell, the direction lease, shut down, or otherwise dispose of all or part of the working forcesCompany's assets or business operations; o. The right to introduce changes in the methods of operations, the scheduling of workjobs or facilities, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, including the right to use improved methodsautomate, machinery and equipmenttotally or partially, the any or all of its business operations, even though this operates to eliminate unit jobs; p. The right to determine the number of employees needed establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Employer at any time Company, regardless of whether it is related to hisprincipal duties provided the assignment is lawful and generally, safe and that 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 employee is 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 workperform it.

MANAGEMENT'S RIGHTS. 3.01 The Subject to the terms of this Agreement, the Employer’s 's rights include but are not limited to the followingright to: a) The right to maintain Maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, 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 selectSelect, hire and direct the workforce working force and employees; to transfer, assign, promote, demote, classify, layoff, recall suspend and suspend rehire 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.and c) The right to operate Operate and manage the Employer’s '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, starting and quitting times, 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 time, employee qualifications, and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference. The Employer retains all management rights not specifically restricted by the terms of the Agreement. 3.02 The sole and exclusive jurisdiction over operations, building, machinery, machinery and equipment shall will be vested in the Employer. 3.03 The Employer may subcontract only contract out work where: a) he It does not possess the necessary facilities or equipment; b) he It does not have and/or cannot acquire the required manpower Work normally performed employees; c) It cannot perform the work in a manner that is competitive in terms of cost, quality and within required time limits; or d) Required by members the project client. 3.04 The Employer will discuss with the Union at the pre-job conference the portion, or portions of the bargaining unit will not project, that the Employer wishes to sub-contract and the sub- contractors to be subcontracted out if employees qualified hired 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 such work. 3.05 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. 3.01 The Employer’s 's rights include but are not limited to the followingfollowing provided such actions are consistent with the further terms of this Agreement: a) The right 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 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 c. the right: to operate and manage the Employer’s '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 contract out work where: a) he a. it does not possess the necessary facilities or equipment; b) he b. it does not have and/or and /or cannot acquire the required manpower Work normally performed by members 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 bargaining unit will scope of work assigned through the original tender process) does not be subcontracted out if result in the layoff of employees qualified to do perform the work and provided that no qualified employees are on layoff, or if employees qualified already laid off and available to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of 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. 3.01 The Employer’s rights include but are not limited to the following: a) 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) 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) 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 a. He does not possess the necessary facilities or equipment b) he 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: a) 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) 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 agreementAgreement. c) 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) a. he does not possess the necessary facilities or equipment b) 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 4.01 The Union recognizes and acknowledges that the management of the Employer’s rights include but are not limited to operations and direction of the followingwork force is fixed exclusively with the Employer, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive right of the Employer to: (a) The right to maintain order, discipline and efficiency; , and in connection therewith to make, alter and enforce from time to time rules and regulations, policies and practices, practices to be adhered to observed by its employees; to Employees, discipline and or discharge employees for Employees provided that a claim that an Employee who has acquired seniority has been disciplined or discharged without just cause, provided however that probationary employees cause may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit subject of the a grievance procedure set out herein.as provided in this Agreement; (b) The right to select, hire and direct the workforce and employees; to hire, transfer, assignassign to shifts, promote, demote, classify, layofflayoff or recall Employees, recall and suspend employees; to select and retain employees 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 Employeroperations, and their expansion or their curtailment, the direction of the working forcesforce, the scheduling schedules of workoperations, the number of shifts, ; determine the methods, methods and processes and means by which work is to be performedemployed, job content, quality and quantity standards, the right establishment of work or job classifications; determine the qualifications of any job classification, the nature of tools, equipment and machinery used and to use new or improved methods, machinery equipment and machinery, change or discontinue existing tools, equipment, the right to determine machinery, methods or processes; decide on the number of employees needed by the Employer at any time and generallytime, the right number of hours to manage be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; the business determination of financial policies, including general accounting procedures and sponsorship and funder relations; (d) have the Employer, and to plan, direct and control the operations of the Employer, without interference. 3.02 The sole and exclusive jurisdiction over all operations, building, machinery, equipment and equipment shall be vested in the EmployerEmployees. 3.03 4.02 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 agrees that it will exercise its functions in a manner that is consistent with this Agreement. The Employer agrees that it will not be subcontracted out if employees qualified to do the work are on layoff, exercise its functions in a discriminatory manner or if employees qualified to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of workin bad faith.

MANAGEMENT'S RIGHTS. 3.01 The Employer shall have the undisputed right to take any action it deems appropriate in the management of the company and the direction of the work force. The Employer’s 's rights include but are not limited to the following: a) 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 who have passed their probationary period 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) b. The right to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall 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 agreementAgreement. The Employer agrees to advise the Union at the time the employee is informed or immediately thereafter of any changes to employee status, including new hires. c) c. The right to operate and manage the Employer’s '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 d. The sole and exclusive jurisdiction over operations, building, machinery, and equipment shall be vested in the Employer. 3.03 e. The Union and the Employer recognize the reciprocal value of improving the productivity of the individual employee and undertake jointly and severally to promote and encourage such productivity. The Employer may subcontract out work where:will institute measures or benchmarking key performance indicators to promote the productivity of the employees and continuous improvement. a) he does not possess the necessary facilities or equipment b) he does not have and/or cannot acquire the required manpower f. Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to do by the work are on layoff, or Employer if employees qualified to do the work must be laid off, transferred, demoted off or discharged as the result of the Employer’s subcontracting out of work.

MANAGEMENT'S RIGHTS. 3.01 23.1: The bargaining unit recognizes that the Employer is charged with certain powers, rights, authority, duties, and responsibilities by the laws and constitution of the state of Michigan which it must assume and discharge, and which shall not be delegated. Nothing contained herein either expressed or implied shall abridge, abrogate, or usurp such rights or duties of the Employer’s , except as provided for in this Agreement. 23.2: It is agreed that other rights include but are not limited and responsibilities of the Employer including those delegated 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 Sheriff by the Employer, and not in conflict with this Agreement, are hereby recognized. 23.3: The Employer retains the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes sole and means by which work is to be performed, job content, quality and quantity standards, the exclusive right to use improved methods, machinery manage and equipment, operate the County Sheriff's Office in all of its operations and activities not in conflict with the terms of this Agreement. 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 and machines required to provide such services; to establish classifications of work and the number of employees needed by personnel required; to determine the nature and number of facilities and departments to be operated, and their location; to direct and control operations as in the past; to establish work rules not contrary to this Agreement; to study and use improved methods and equipment, to manage its affairs efficiently and economically, to determine the quantity and quality of service to be rendered, the control of materials, tools and equipment to be used, and the discontinuance of any such service, materials, or methods of operation, to introduce new equipment, methods, machinery, change, or eliminate existing equipment, and institute changes, supplies to be used and purchased, to construct any new facilities or the improvement of existing facilities, to determine the size of the work force and increase or decrease size, to determine the lunch, rest period, clean-up time, starting and quitting time, and the number of hours to be worked, to establish work schedules, to make judgments as to ability and skill, to determine work loads, and in all respects to carry out the ordinary and customary function of management when not in conflict with the terms of this Agreement. 23.4: The Employer at any time and generally, shall have the right to manage hire, promote, assign, transfer, suspend, discipline, discharge, layoff and recall personnel; to establish penalties for violation of such rules; to establish and change work schedules, to provide and assign relief personnel when not in conflict with the business terms of the Employer, and to plan, direct and control the operations of the Employer, without interferencethis Agreement. 3.02 23.5: The bargaining unit hereby agrees that the Employer retains the sole and exclusive jurisdiction over operationsright to establish and administer without limitation, buildingimplied or otherwise, machinery, all matters not specifically and equipment shall be vested in the Employerexpressly limited by this Agreement. 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.