Common use of RECOGNITION AND RIGHTS Clause in Contracts

RECOGNITION AND RIGHTS. A. In accordance with the original voluntary recognition of the Association by the City as revised by the Memorandum of Understanding of September 25, 2001 and as modified in part and confirmed in part by the decision of the Massachusetts Labor Commission in Case Nos. MUP-04-4178 and CAS-04-3588 decided February 8, 2006, the City recognizes th\7 A.:rno1,iution ilS the sole and exclusive representative of all S-schedule employees who come within the bargaining unit described therein. The "List of SSEA Positions Covered by Contract" as is set forth at Appendix A to this agreement. B. The City, the Union and the employees agree that the right and responsibility to operate and manage the business and the affairs of the City, to select and direct the working forces and to control, direct, discontinue and change the use of its properties and facilities are vested exclusively in the City. These rights and responsibilities include by way of illustration the right to determine, control and change work and experimental operations; the right to select, test, train and to determine the ability and the qualifications of the employees; the right to determine, control and change emergency, experimental, operating, production, shift, training and working assignments and schedules; the right to determine, control, plan and change all matters pertaining to purchase, sale or disposition of equipment, and the organization of the management staff; the right to establish, distribute, modify and enforce reasonable rules of employee conduct and policies, manuals of operating procedures and rules and regulations governing matters pertaining to safety and health within the operations of the City; the right to determine, control and change the quality and nature of its products, materials and services; the right to employ, lay off; discharge, retire, assign, discipline, transfer, interview and promote its employees, including casual, seasonal, temporary employees and contract labor except as specifically limited by this agreement; the right to obtain from any source and to contract and subcontract for materials, services, supplies and equipment and reduce, eliminate or subcontract functions as limited by the Memorandum of Agreement executed by the parties on February 14, 2013; the right to investigate all matters relating to City operations, citizen complaints and employee conduct; the right to control, determine, direct, establish, change and discontinue City functions and services or the location or the operation of its office, or other facilities; the right to determine, establish and change any form of employee benefits not otherwise provided for in this agreement; the right to maintain discipline and order and to maintain or improve efficiency within its operations and all other rights pertaining to the operation and the management of the business and the affairs of the City and the establishment and change of conditions of employment not specifically given in this agreement to the Union or to the employees. The failure by the City to exercise any of the rights as provided in this Article shall not be construed as a waiver of these rights nor of the right of the City to control, operate and manage its business. The Union and the employees agree that, except as otherwise specifically provided in this agreement, nothing contained in this agreement shall be construed or deemed to constitute a waiver of or any restriction upon the inherent right to the management of the City to operate and conduct its business, facilities and services with maximum efficiency or of the common law right of the City to control, direct, manage, plan and make changes in the business or the affairs of the City, and to unilaterally exercise rights and authority as provided and illustrated in this Section; provided, however, that none of these rights shall be exercised by the City contrary to any specific provisions of this agreement. The foregoing management rights include the City's right to develop, alter, or abolish employment policies, practices, procedures and rules including the right to establish, change, alter, eliminate or restructure positions or job descriptions. Prior to implementing any of the employment policies, practice, rule, procedure or position or job description changes referred to above, the City shall provide the Union with at least forty-five (45) calendar days notice to allow for an opportunity for discussion, provided, however, that in the case of an emergency such as, but not limited to, a public health emergency, the City has the right to implement such changes on less than forty-five (45) calendar days' notice to the Union. C. To determine the qualifications for new or vacant positions, or to meet legal licensure or certification requirements. The City shall notify the Association of the creation of any new position or classification which arguably should be added to the bargaining unit. The City further agrees to meet and negotiate with the Association regarding such new position(s) or classification(s), and the grade of any new position. Likewise, the City shall notify and negotiate with the Association of any change of grade or any current positions. D. No amendment, alteration or variation of the terms or provisions of this agreement shall bind the parties hereto unless made and executed in writing by said parties. E. The failure of the City or the Union to insist, in any one or more situations, upon performance of any of the terms or provisions of this agreement, shall not be considered a waiver or relinquishment of the right of the City or of the Union to future performance of any such term or provision, and the obligations of the Union and the City to such future performance ▇▇▇▇▇ continue. F. No employee who has completed a probationary period of six (6) months of City employment shall be disciplined or discharged without just cause. No discipline, discharge or termination of a probationary employee shall be subject to the grievance and arbitration procedures of this agreement.

RECOGNITION AND RIGHTS. A. In accordance with the original voluntary recognition of the Association by the City as revised by the Memorandum of Understanding of September 25, 2001 and as modified in part and confirmed in part by the decision of the Massachusetts Labor Commission in Case Nos. MUP-04-4178 and CAS-04-3588 decided February 8, 2006, the City recognizes th\7 A.:rno1,iution ilS recognize::; the Association as the sole and exclusive representative of all S-schedule employees who come within the bargaining unit described therein. The "List of SSEA Positions Covered by Contract" as is set forth at Appendix A to this agreement. B. The City, the Union and the employees agree that the right and responsibility to operate and manage the business and the affairs of the City, to select and direct the working forces and to control, direct, discontinue and change the use of its properties and facilities are vested exclusively in the City. These rights and responsibilities include by way of illustration the right to determine, control and change work and experimental operations; the right to select, test, train and to determine the ability and the qualifications of the employees; the right to determine, control and change emergency, experimental, operating, production, shift, training and working assignments and schedules; the right to determine, control, plan and change all matters pertaining to purchase, sale or disposition of equipment, and the organization of the management staff; the right to establish, distribute, modify and enforce reasonable rules of employee conduct and policies, manuals of operating procedures and rules and regulations governing matters pertaining to safety and health within the operations of the City; the right to determine, control and change the quality and nature of its products, materials and services; the right to employ, lay off; discharge, retire, assign, discipline, transfer, interview and promote its employees, including casual, seasonal, temporary employees and contract labor except as specifically limited by this agreement; the right to obtain from any source and to contract and subcontract for materials, services, supplies and equipment and reduce, eliminate or subcontract functions as limited by the Memorandum of Agreement executed by the parties on February 14, 2013; the right to investigate all matters relating to City operations, citizen complaints and employee conduct; the right to control, determinedetennine, direct, establish, change and discontinue City functions and services or the location or the operation of its office, or other facilities; the right to determine, establish and change any form of employee benefits not otherwise provided for in this agreement; the right to maintain discipline and order and to maintain or improve efficiency within its operations and all other rights pertaining to the operation and the management of the business and the affairs of the City and the establishment and change of conditions of employment not specifically given in this agreement to the Union or to the employees. The failure by the City to exercise any of the rights as provided in this Article shall not be construed as a waiver of these rights nor of the right of the City to control, operate and manage its business. The Union and the employees agree that, except as otherwise specifically provided in this agreement, nothing contained in this agreement shall be construed or deemed to constitute a waiver of or any restriction upon the inherent right to the management of the City to operate and conduct its business, facilities and services with maximum efficiency or of the common law right of the City to control, direct, manage, plan and make changes in the business or the affairs of the City, and to unilaterally exercise rights and authority as provided and illustrated in this Section; provided, however, that none of these rights shall be exercised by the City contrary to any specific provisions of this agreement. The foregoing management rights include the City's right to develop, alter, or abolish employment policies, practices, procedures and rules including the right to establish, change, alter, eliminate or restructure positions or job descriptions. Prior to implementing any of the employment policies, practice, rule, procedure or position or job description changes referred to above, the City shall provide the Union with at least forty-five (45) calendar days notice to allow for an opportunity for discussion, provided, however, that in the case of an emergency such as, but not limited to, a public health emergency, the City has the right to implement such changes on less than forty-five (45) calendar days' notice to the Union. C. To determine the qualifications for new or vacant positions, or to meet legal licensure or certification requirements. The City shall notify the Association of the creation of any new position or classification which arguably should be added to the bargaining unit. The City further agrees to meet and negotiate with the Association regarding such new position(s) or classification(s), and the grade of any new position. Likewise, the City shall notify and negotiate with the Association of any change of grade or any current positions. D. No amendment, alteration or variation of the terms or provisions of this agreement shall bind the parties hereto unless made and executed in writing by said parties. E. The failure of the City or the Union to insist, in any one or more situations, upon performance of any of the terms or provisions of this agreement, shall not be considered a waiver or relinquishment of the right of the City or of the Union to future performance of any such term or provision, and the obligations of the Union and the City to such future performance ▇▇▇▇▇ shall continue. F. No employee who has completed a probationary period of six (6) months of City employment shall be disciplined or discharged without just cause. No discipline, discharge or termination of a probationary employee shall be subject to the grievance and arbitration procedures of this agreement.