Common use of Retention of Managerial Prerogatives Clause in Contracts

Retention of Managerial Prerogatives. (a) Except as expressly modified or restricted by a specific provision of this Agreement or by the Personnel Rules as established under (b) below, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Court, including, but not limited to, the following the right to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to set the standards of productivity, and/or the services to be rendered; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to relocate the Court’s operations or any part thereof (except that, if the Court decides to relocate operations or facilities covered by this Agreement, the Court agrees to give reasonable notice and, upon request, to meet and confer about the effects of such decision); to control and regulate the use of facilities, equipment, and other property of the Court; to introduce new or improved research, production, service, distribution, and maintenance methods, materials and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Court; to issue, amend and revise policies, rules, regulations, and practices, subject to the requirement to give reasonable advance notice of Personnel Rules as set forth in (b); and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Court and to direct the Court’s employees. The Court’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Court’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Court’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement. (b) The parties recognize the authority of the Court to issue and revise Personnel Rules from time to time. The Personnel Rules of the Court shall be fully effective and enforceable except where inconsistent with any provisions of this Agreement, in which case this Agreement will control. The Union and the Chief ▇▇▇▇▇▇▇ shall be given reasonable advance notice of new or revised Personnel Rules prior to implementation and, where such Rules affect the working conditions of employees covered by this Agreement, the Court will agree to meet and confer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Retention of Managerial Prerogatives. (a) Except as expressly modified or restricted by a specific provision of this Agreement or by the Personnel Rules as established under (b) below, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Court, including, but not limited to, the following the following: The right to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to set the standards of productivity, and/or the services to be rendered; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to relocate the Court’s operations or any part thereof (except that, if the Court decides to relocate operations or facilities covered by this Agreement, the Court agrees to give reasonable notice and, upon request, to meet and confer about the effects of such decision); to control and regulate the use of facilities, equipment, and other property of the Court; to introduce new or improved research, production, service, distribution, and maintenance methods, materials and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Court; to issue, amend and revise policies, rules, regulations, and practices, subject to the requirement to give reasonable advance notice of Personnel Rules as set forth in (b); and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Court and to direct the Court’s employees. The Court’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Court’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Court’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement. (b) The parties recognize the authority of the Court to issue and revise Personnel Rules from time to time. The Personnel Rules of the Court shall be fully effective and enforceable except where inconsistent with any provisions of this Agreement, in which case this Agreement will control. The Union and the Chief ▇▇▇▇▇▇▇ shall be given reasonable advance notice of new or revised Personnel Rules prior to implementation and, where such Rules affect the working conditions of employees covered by this Agreement, the Court will agree to meet and confer.. MOU, October 1, 2022 – September 30, 2025 Superior Court of California, County of Santa ▇▇▇▇▇ and SEIU, Local 521, Court Reporter Chapter

Appears in 1 contract

Sources: Memorandum of Understanding