THE RIGHTS OF MANAGEMENT Clause Samples
The Rights of Management clause defines the authority and discretion reserved by an employer or management within an organization. Typically, this clause outlines management's ability to make decisions regarding operations, staffing, work assignments, and workplace policies without requiring employee or union approval. For example, it may allow management to set work schedules, determine job duties, or implement new procedures as needed. The core function of this clause is to ensure that management retains the flexibility and control necessary to run the business efficiently and respond to changing operational needs.
THE RIGHTS OF MANAGEMENT. 3.01 Nothing in this collective agreement shall be interpreted in such a way as to limit the Company in any way whatever in the performance of its management functions. These functions will be performed in a manner consistent with all the provisions of this agreement. It is the Company’s function to administer and manage the Company and to manage its personnel.
3.02 Without restricting the generality of the foregoing, these functions include: the authority to manage, transfer, promote, demote, discipline and terminate personnel for proper cause; the right to organize and supervise the work to be performed by employees, to manage employees in the course of their work and to maintain discipline, order and efficiency.
3.03 The functions are subject to the right of any employee to submit a grievance.
THE RIGHTS OF MANAGEMENT. 3.01 The Union acknowledges that it is the exclusive function of the Company to:
(a) Maintain order, discipline, efficiency and to set down all Company policies and procedures.
(b) Hire, discharge, classify, transfer, promote, demote, lay‐off and discipline employees provided that a complaint that an employee with seniority has been so dealt with without reasonable cause may be the subject of a grievance which shall be settled as hereinafter provided.
(c) Manage the industrial enterprise in which the Company is engaged and without restricting the generality of the foregoing, to determine the number and location of plants, the products to be manufactured, methods of manufacturing, schedules of production, the kinds and locations of machines and tools to be used, process of manufacturing and assembling, the engineering and designing of its products, the control of materials and parts to be incorporated in the products produced and methods of overhaul and servicing of aircraft, the extension, limitation, curtailment or cessation of operations to study and introduce new products, methods, processes, materials and facilities, and to make rules and regulations covering the operation of its business providing they are not inconsistent with the provisions of this Agreement.
3.02 The Company agrees that its exclusive functions shall be exercised in a manner consistent with the provisions of this Agreement.
3.03 Information on productivity gathered through electronic surveillance shall not be used for disciplinary purposes against any member of the bargaining unit unless substantiated by other evidence.
3.04 Where the Company intends to introduce video display terminals such introduction shall be reviewed with Health and Safety Committee to ensure the "ergonomic" factors are taken into consideration.
THE RIGHTS OF MANAGEMENT. Nothing in this collective agreement shall be interpreted in such a way as to limit the Company in any way whatever in the performance of its management functions. These functions will be performed in a manner consistent with all the provisions of this agreement. It is the function to administer and manage the Company and to manage its personnel. Without restricting the generality of the foregoing, these functions include: the authority to manage, transfer, promote, demote, discipline and terminate personnel for proper cause; the right to organize and supervise the work to be performed by employees, to manage employees in the course of their work and to maintain discipline, order and efficiency. The functions are subject to the right of any employee to submit a grievance.
THE RIGHTS OF MANAGEMENT. 3.01 The Union acknowledges that it is the exclusive function of the Company to:
(a) Maintain order, discipline, efficiency and to set down all Company policies and procedures.
(b) Hire, discharge, classify, transfer, promote, demote, lay-off and discipline employees provided that a complaint that an employee with seniority has been so dealt with without reasonable cause may be the subject of a grievance which shall be settled as hereinafter provided.
(c) Manage the industrial enterprise in which the Company is engaged and without restricting the generality of the foregoing, to determine the number and location of plants, the products to be manufactured, methods of manufacturing, schedules of production, the kinds and locations of machines and tools to be used, process of manufacturing and assembling, the engineering and designing of its products, the control of materials and parts to be incorporated in the products produced and methods of overhaul and servicing of aircraft, the extension, limitation, curtailment or cessation of operations to study and introduce new products, methods, processes, materials and facilities, and to make rules and regulations covering the operation of its business providing they are not inconsistent with the provisions of this Agreement.
3.02 The Company agrees that its exclusive functions shall be exercised in a manner consistent with the provisions of this Agreement.
(a) Where technological change may require additional knowledge and skill on the part of permanent employees, such employees shall be given the appropriate training, where practical, to qualify employees to retain their employment. A reasonable time will be afforded to employees in which to qualify. Any instruction or training shall be done at the employee's regular rate.
(b) If an employee attends a local training course and the combined work hours exceed forty (40) per week, the employee will be given time off at a mutually agreeable time for any hours in excess of forty (40).
3.04 Information on productivity gathered through electronic surveillance shall not be used for disciplinary purposes against any member of the bargaining unit unless substantiated by other evidence.
THE RIGHTS OF MANAGEMENT. 6.1 Except as otherwise specifically provided in this Agreement, the Association recognizes that the City has the sole and exclusive right to exercise all rights or functions of management.
6.2 The exercise of the rights of management will be consistent with the overall goals and objectives of the City and of the Laredo Fire Department and the Collective Bargaining Agreement. The below enumerated rights of management are not all-inclusive but indicate the type of matters or rights which belong or are inherent to management. Any of the rights, powers and authority the City had prior to entering into this Agreement are retained by the City except as expressly provided in the Agreement. Without limiting the generality of the foregoing, as used herein the term "Rights of Management" includes:
a. Directing the work of all Fire Department Employees to include the scheduling of regular and overtime work, and the modification of work schedules;
b. Hiring, promoting, demoting, transferring, assigning, and retaining Employees in positions within the City, subject to the provisions of Chapter 143 of the Texas Local Government Code;
c. Suspending or discharging Employees for just cause subject to Chapter 143 of the Texas Local Government Code;
d. Maintaining the efficiency of governmental operations and determining Fire Department policy, including the right to manage the affairs of the Fire Department in all respects;
e. Relieving Employees from duties because of lack of work, subject to Chapter 143 of the Texas Local Government Code;
f. Utilizing the Fire Department in emergency situations to protect life and property in any natural disaster or conflagration, consistent with all relevant laws;
g. Determining the methods, processes, means, and personnel by which operations are to be carried out;
h. Determining the safety, health, and property protection measures for the Fire Department;
i. Selecting, promoting, or transferring firefighters to supervisory or other positions subject to the provisions of Chapter 143, Texas Local Government Code;
j. Determining policy affecting the selection or training of firefighters;
THE RIGHTS OF MANAGEMENT. 6.1 Except as otherwise specifically provided in this Agreement, the Association recognizes that the City has the sole and exclusive right to exercise all rights or functions of management.
6.2 The exercise of the rights of management will be consistent with the overall goals and objectives of the City and of the Laredo Police Department. The below enumerated rights of management are not all-inclusive, but indicate the type of matters or rights which belong or are inherent to management. Any of the rights, powers and authority the City had prior to entering into this Agreement are retained by the City except as expressly provided in this Agreement or as may be limited by current or future state or federal law. Without limiting the generality of the foregoing, as used herein the term "Rights of Management" includes:
(A) Decide job qualifications for hiring along with the right to hire and to set policy affecting the selection of new officers, subject to the provisions of Chapter 143 of the TLGC;
(B) The right to discipline, demote or discharge for just cause; the right to assign or transfer;
(C) The right to lay-off as prescribed in Chapter 143, TLGC or any amendments
(D) The right to make rules and regulations governing conduct and safety;
(E) The right to determine the methods, processes and manner of performing work by officers together with the right to establish work performance and standards, and to implement programs to increase the cost effectiveness of departmental operations;
(F) The right to use civilians in the Police Department to perform duties which do not require a commissioned officer or the authority to arrest;
(G) The right to establish classifications, job descriptions, and the standards that provide the basis for assignment and recruiting of personnel.
6.3 The foregoing rights lie exclusively in the Employer. This Article does not circumvent or change Chapter 143, unless specifically expressed elsewhere in this Agreement. Except as otherwise specifically provided in this Agreement, the Employer acting through the City Manager and the Chief, shall retain all rights and authority that are their legal responsibility to enforce.
6.4 No management rights as herein set forth, shall be exercised in an arbitrary or capricious manner.
6.5 In matters not specifically covered by language within this Agreement, or limited by current or future state and/or federal law, the City shall have the right to make decisions in such areas on a unilateral bas...