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ARTICLE 14
MANAGEMENT RIGHTS

14.1:    The Township, on its own behalf and on behalf of its electors, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan and of the United States.  The exercise of these powers, rights, authority, duties and responsibilities by the Township shall be limited only by the provisions of this Agreement.

14.2:    Without limiting the generality of the foregoing, except as this Agreement otherwise specifically and expressly provides, the Employer retains the sole and exclusive right to manage and operate all of its operations and activities.  Among the rights of management included only by way of illustration and not by way of limitation, is the right to determine all matters pertaining to the service to be furnished and the methods, procedures, means, equipment, and machines required to provide such services; to establish classifications of work and the number of personnel required; to determine the nature and number of facilities and departments to be operated and their location; to direct and control operations; to establish and update policies and procedures; to study and use improved methods and equipment; to manage its affairs efficiently and economically; to determine the quantity and quality of service to be rendered; the control of materials, tools and equipment to be used and the discontinuance of any service, materials or methods of operation; to introduce new equipment, methods, machinery, change or eliminate existing equipment and institute changes, supplies to be used and purchased; to contract or subcontract or purchase any or all work for the construction of any new facilities or the improvement of existing facilities; to determine the size of the work force and increase or decrease its size; and in all respects to carry out the ordinary and customary function of management.

14.3:    Except as this Agreement otherwise provides, the Employer shall also have the right to hire, promote, assign, transfer, layoff and recall personnel, to suspend, discharge or otherwise discipline employees for just cause; to make judgments as to ability and skill; to determine work loads; to provide for and assign relief personnel.

14.4           The Employer reserves the right to publish and enforce from time to time, new work rules, policies, standard operating guidelines (SOGs ) and regulations not in conflict with this Agreement . The union shall be advised, in writing, of all changes prior to implementation.

 

ARTICLE 15
NO STRIKES

15.1:    The Employer will not lock out employees during the term of this Agreement.

15.2:    The parties to this Agreement mutually recognize and agree that the services performed by the employees covered by this Agreement are essential services.

15.3:    Under no circumstances will the Union cause or permit its members to cause, nor will any member of the bargaining unit take part in any strike, sit-down, stay-in, slowdown of work or restriction of production or interference with the operations of the Employer during the term of this Agreement.  In the event of a work stoppage or other curtailment of production, the Employer shall not be required to negotiate on the merits of the dispute that gave rise to the stoppage or curtailment until same has ceased.

15.4:    In the event of a work stoppage or any other curtailment by the Union or the employees covered hereunder during the term of the Agreement, the Union, by its officers, agents and shift representative, shall immediately declare such work stoppage or other curtailment to be illegal and unauthorized in writing to the employees and order said employees in writing to stop the said conduct and resume full work.  Copies of such written notices shall be served upon the Employer.  The Employer shall have the right to discharge any employee who instigates, participates in, or gives leadership to any activity herein prohibited.

 

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