Management Rights Clause In The Collective Agreement

The adoption of the contract cover standard by the Board of Directors gives employers greater flexibility to act within such protection rights and not just in future contract negotiations. It is significant that the Board of Directors considered that it was appropriate to “retroactively apply the contract hedging test,” which breathes new life into the language of existing management rights clauses in the CLAs. It will now be up to the unions to try to negotiate this type of protection of the legal language of CBAS. Prior to the MV Transportation Board`s decision, unions were less concerned about the inclusion of these general deposits in CBAs. According to the “clear and manifest waiver” standard, the effect of such a language was severely limited by the possibility of laying a charge of unfair labour practice, claiming that any implementation before an agreement or impasse constituted an unlawful unilateral change. This is no longer the case for MV Transportation and employers no longer have to commit to take legal action against the D.C circuit to impose themselves on this issue. 1. MANAGEMENT RIGHTS1.1 Unless this is not limited by an express provision of this agreement, the Union and the workers recognise that the management of the company and its activities, as well as the management of the workforce, are exclusively defined in society, without limiting the universality of the above, the Union recognises that the company`s exclusive mission is to manage and manage its affairs. , directing the workforce, planning operations, directing and controlling; (b) maintain order, discipline, profitability, efficiency, productivity, standards, quality of service and after-sales service and, in conjunction with this, to adopt, modify and enforce from time to time rules, rules, guidelines and practices that must be respected by staff, including, but not limited to, the rules, rules, policies and practices set out in the staff manual , in order to discipline or clear employees for a particular reason, subject to the proper administration of the Union to file a complaint under this agreement;c) to determine the place of activity, the allocation of work, the allocation of work deliveries, work plans, the number of positions; Determine production methods The definition of order content, quality and quantity requirements; Qualification of a worker for a specific mission and an appropriate method of assessing the performance; Determine what equipment to use and use new or improved methods and equipment Introduce, modify or stop products, services, tasks or processes Employee work schedules, number of employees required at any time, number of hours worked, start and layoff hours, and overtime, and overtime work; (d) classify, dismiss and recall staff and select staff for positions excluded from the rate unit; (e) to determine the extension, limitation, limitation or discontinuation of the operation or part of it, to determine and exercise all other functions and prerogatives that remain exclusively of the company, and the management of the business is solely the responsibility of the company; That said, some points that are not specifically mentioned in the administrative rights clause may be problematic.