K8-Unit – ART. 3: Management Rights

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ARTICLE 3. Management Rights

The University retains solely and ex clusively all rights, functions, powers, and authority to manag e the oper ations of

the University and to direct the work force, except where those rights, functions, powers, and authorities are expressly

limited by provisions of this Agreement. I t is recognized, merely by way of illustration and not by way of limitation,

that such rights, functions, powers, and authorities which are solely and exclusively retained by the University include

the right to: establish the University’s missio n, programs, objectives, activities, a nd priorities; plan, direct, and control

the use of resources to achieve the University’s mission, programs, objectives, activities, and priorit i e s ; develop,

implement, and administer Aff irmative Action programs; establish and administer procedures, rules, and regulatio ns,

and determine the methods and means by which operations are to be carried on; introduce new or improved methods,

programs, equipment or facilities, or change or eliminate existing methods, programs, equipment, or facilities;

determ ine the location or reloc a tion, reor ganization, or discontinua nc e of operatio ns ; determi ne whe re employees

shall work; determine and modify job classifications and job descriptions; assign work, schedule days and hours of
work including overtime or work beyond an employee’s assigned shift; establish the size, composition, and

qualific a t i ons of the work force; recruit, hire, assign, develop, promote, transfer, demote, or layoff employees in

limited or probationary appointments; establish, modify, and enforce standards of performance, conduct, and safety for

employees; maintain safety in its opera tion s ; and gr ant merit increases and increases for meritorious performance.

B. The above enumeration of management rights is not all inclusive and does not exclude other management

rights not specified. Management retains the sole discretion to exercise or not to exercise righ ts retained by

the University. The non exercise of a right by management shall not be construed to mean that any right is

waived.

C. N o action taken by the University with respect to the above-enu merated rig hts shall be subject to the

Grievance or Ar bi t ra t i on pr ocedures of this Ag reement or collateral suit, unless the exercise thereof violates

an express written provision of this Agreement.

D. While neither the decision nor the effects of the University’s exercise of the above-enumerated ri ghts shall be

subject to meeting and conferring during the term of this Agreement or any extension thereof, the University
agrees to meet upon request with the Union to discuss the exercise of these rights so that the University may
consider the Union’s information and views.