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Labor Law by David E. Strecker

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151
© 2011 by Taylor & Francis Group, LLC
Appendix 3
Sample Management Rights Clause
e Company retains the exclusive right to manage the business. All the rights,
powers, functions, and authority of the Company that it had prior to the time
any Union became certied as exclusive bargaining representative of employ-
ees of the Company and that are not explicitly abridged by a specic provi-
sion of this Agreement, are retained by the Company. Among the rights that
the Company specically retains are the rights to establish rules of conduct;
to plan, direct, and control operations; to schedule and assign work to employ-
ees; to determine the means, methods, processes, and schedules of operation;
subcontract or contract out all or any part of the work that may be performed
either more economically or expeditiously or for any other reason deemed suf-
cient by the Company; to establish standards and to maintain the standards
and to maintain the eciency of employees; to establish and require employees
to observe Company rules and regulations; to hire, lay o, or relieve employees
from duties for lack of work or other legitimate reasons; and to maintain order
and to suspend, promote, demote, discipline, and discharge employees for just
cause. e Company also retains the right to close all or a portion of the facilities
covered by this Agreement or to sell, relocate, or in any other way to dispose of
or convert such facilities.
e exercise of any right enumerated in this Article herein shall not be con-
sidered or construed as a violation of the Agreement, or in violation of any rights
possessed by the Union or by bargaining unit employees.

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