KM Unit – ART. 40: Management Rights


  1. The University, unless expressly limited by the Agreement retains  solely and exclusively all rights, functions, powers, and authority to  manage the operations of the University and to direct the work force  including but not limited to the right 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, modify and  administer procedures, rules and regulations (subject to notice to  Teamsters 2010 Representative of new policies and procedures as set  forth in Article 42, Waiver, of this Agreement) 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; establish the size, composition and qualifications  of the work force; recruit, hire, assign, direct, develop, promote,  transfer, demote or layoff casual, career, or probationary employees;  establish, modify and enforce standards of performance, conduct and  safety for employees; maintain safety in its operations; and grant and  determine the basis for special awards.

  2. 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 exercise  rights retained by the University. The non-exercise of a right by  management shall not be construed to mean any right is waived.

  3. No action taken by the University with respect to the above enumerated rights shall be subject to the Grievance or Arbitration  Procedures of this Agreement or collateral suit, unless the exercise  thereof violates an express written provision of this Agreement.

  4. While the above-enumerated rights shall not 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.