AFSCME 2005-2008 Contract

ARTICLE 4 - MANAGEMENT RIGHTS

The Union and the Board of Higher Education and/or the Administration of the several Colleges agree that the provisions of this Agreement shall be expressly limited to conditions of employment covered by this Agreement, and no provision shall be construed to restrain the College from the management of its operations, including but not limited to:

1. the determination of the standards of service to be provided and standards of productivity and performance of its employees;

2. the right to determine the size and composition of the work force;

3. to determine educational and work standards;

4. to decide the location and number of its offices, administrative buildings, dormitories, facilities, and physical plant;

5. to determine the quantity and type of equipment to be used in its operation;

6. the speed of such equipment and the manning requirements of such equipment or any job;

7. to determine the content of job classification;

8. to promulgate reasonable rules, regulations, policies and procedures;

9. to select supervisory and managerial employees;

10. to discipline, demote and discharge employees;

11. to contract out work; to control and determine the state of products which may be used by employees;

12. to determine the time for work, staffing pattern and work area;

13. to determine the method and place of performing work including the right to determine that College’s work force shall not perform certain work;

14. to transfer employees from one administrative area to another;

15. to schedule work, shifts, and work breaks;

16. to determine the method of performing work including the introduction of improved methods and facilities;

17. to determine whether such work shall be performed by bargaining unit employees or others;

18. to fix standards of quality and quantity for work to be done;

19. to determine whether any part or the whole of its operations shall continue to operate;

20. to establish, to change, or abolish any service;

21. to maintain order and efficiency in its facilities and operations;

22. to determine the duties of employees;

23. to hire, layoff, assign, transfer, retrench;

24. to determine the qualifications of employees;

25. to promote employees;

26. to upgrade, allocate, reallocate, or classify employees;

27. to determine the starting and quitting times;

28. to require overtime; and,

29. All other rights and prerogatives including those exercised unilaterally in the past, subject to such regulations and restrictions governing the exercise of these rights as expressly provided in this Agreement, statute or law.

Any management right set out in this Article shall be subject to the Grievance and Arbitration provisions herein.