ARTICLE 3 – MANAGEMENT RIGHTS
A. The University, unless expressly limited by the Agreement, retains solely and exclusively the rights, functions, powers, and authority to: establish the University’s missions, programs, objectives, activities, and priorities; plan, direct, and control the use of resources to achieve the University’s missions, programs, objectives, activities and priorities; develop, implement and administer affirmative action programs; establish and administer procedures, rules and regulations 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; determine the location or relocation, reorganization or discontinuance of operations; determine where 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, recruit, hire, develop, train, assign, promote, transfer, demote or layoff limited, career or probationary employees; establish the size, composition and qualifications of the work force; establish, modify and enforce standards of performance, conduct and safety for employees; and maintain safety in its operations.
B. The above enumeration of management rights is not all-inclusive and does not exclude other management rights not specified, nor shall the exercise or non-exercise of rights retained by management be construed to mean that any right is waived. The exercise of management rights shall not be subject to meeting and conferring.
C. No action taken by the University with respect to the above enumerated rights shall be subject to the Grievance or Arbitration Procedure of this Agreement or collateral suit, unless the exercise thereof violates an express written provision of this Agreement.