Common use of Without limiting the provisions of Section Clause in Contracts

Without limiting the provisions of Section. 3.2, but in order to clarify some of the more important unilateral rights retained by City management, the City shall have the following unilateral management rights which it may exercise in its sole discretion: (a) To determine the size and composition of the work force, including the number or composition of employees assigned to any particular operation, shift or turn; (b) To determine the number or type of equipment, vehicles, materials, and supplies to be used, operated, or distributed; (c) To hire, re-hire, promote, lay-off and recall employees; (d) To reprimand, suspend, demote, discharge, or otherwise discipline employees for proper and just cause; (e) To maintain and improve the efficiency of employees; (f) To determine job content and minimum qualifications for job classifications and the amount and type of work; (g) To engage in experimental and developmental projects; (h) To establish new jobs, abolish or change existing jobs, and to increase or decrease the number of jobs or employees; (i) To determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift; (j) To require employees to work overtime; (k) To assign or reassign shifts, create, abolish or alter shifts, and rotate shifts; (l) To discontinue, temporarily or permanently, in whole or in part any of its operations and to transfer, or assign all or any part of its operations or any part thereto to new facilities; (m) To contract and/or subcontract, discontinue or otherwise dispose of or transfer any or all work operation or services or part thereof performed by any employee. (n) To make time studies of workloads, job assignments, methods of operation and efficiency from time to time and to make changes based on said studies; (o) To expand, reduce, alter, combine, transfer, assign, cease, or create any job, job classification, department or operation for any purpose; (p) To determine the location, method, means and personnel by which operations are to be conducted, including the right to contract and sub-contract existing and future work; (q) To control and regulate or discontinue the use of supplies, equipment, vehicles, and other property or services used, owned, possessed or leased by the City; (r) To make, maintain, change, enforce or rescind policies, procedures, rules of conduct, orders, practices, and other operational procedures, policies and guides not inconsistent with this Agreement, including the right to alter or vary existing or past practices as the City may determine to be necessary for the orderly and efficient operations, subject only to such restrictions governing the exercise of these rights as are expressly and specifically provided in this Agreement; (s) To establish the standards of conduct and work of employees, establish or change operational or performance standards, and to determine the services to be provided by the City; (t) To make or change rules, policies and practices, including those matters affecting the efficiency, safety and discipline, not in direct conflict with the provisions of this Agreement; (u) To introduce new, different or improved methods, means and processes of conducting any business of the City, transportation, maintenance, service and operation; (v) To determine the qualifications for and select its supervisory, clerical, professional, part-time, temporary, contract and management employees; (w) To determine the work to be performed during the employee’s regular work day or shift and require that all work be performed in a safe, efficient, acceptable and professional manner; (x) To require employees to submit to a medical examination provided the City will bear the cost of such examination or test so long as the examination or test is not required as a result of the employees’ illness or injury or required for the employees return to work.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement