185 Agreement

ARTICLE 4 - MANAGEMENT’S RIGHTS

The operation, control and management of the Employer’s facilities and operations, and all business of the University and activities of the University in connection therewith which are covered or affected by this Agreement, and the supervision and direction of the working forces at such facilities, operations and business are and shall continue to be solely and exclusively the functions and prerogatives of the management of the Employer. All of the rights, functions and prerogatives of management which the University had prior to entering into this Agreement with the Union are reserved and retained exclusively to the Employer. In no event shall any right, function or prerogative ever be deemed or construed to have been modified, diminished or impaired by any past practice or course of conduct, or otherwise, other than by an explicit provision of this Agreement. Specifically, but without limiting or affecting the generality of the foregoing, it is distinctly understood and agreed that this Agreement does not affect and shall not be deemed or construed to impair or limit in any way the Employer’s right in its sole discretion and judgment, to determine the nature and extent of the business to be carried on by the University; determine vendors, students and others with whom it will deal, and the prices at which the terms upon which its materials, equipment and supplies will be purchased, leased or otherwise acquired and its services will be sold; determine the size and composition of the working force covered by this Agreement, and assignment of work, and policies affecting the selection of employees; establish and enforce quality, reasonable service standards for its employees, services of the University; establish new departments; introduce new and improved equipment, facilities and service methods; establish and change work performance standards; change, combine, establish or discontinue jobs or operations, and determine when and if vacancies in the working force shall be filled; determine the means and methods by which services will be provided; to schedule and determine the hours of operations (including overtime work); to hire, promote, demote, and transfer, to suspend, discipline and discharge for cause; and discontinue temporarily or permanently, in whole or in part, any operations of the University covered or affected by this Agreement. The Employer shall also have the right from time to time to make and enforce such reasonable rules applicable to employees covered by this Agreement, as it may from time to time deem necessary or advisable. Additionally, the Employer may set reasonable appearance and dress standards.

The parties recognize that any management responsibility, prerogative or right not specifically and clearly limited by the terms of this Agreement are reserved to the management of the University.