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Article 3 : management rights

3.1 Save and except to the extent specifically modified or limited by any provision(s) of this Agreement, all rights and prerogatives which the University had prior to the execution of this Agreement are retained by the University and remain exclusively and without limitation within the rights of the University. The right and responsibility to manage and conduct business of the University is vested solely and exclusively with the University.

Without limiting the generality of the foregoing, the University’s exclusive rights include:

  • The right to maintain order, discipline and efficiency and, in connection therewith, to make, enforce and alter from time to time, rules and regulations, policies and practices, to be observed by its employees;
  • The right to select, hire, assign, evaluate, promote, transfer, classify, lay-off, recall, and discipline employees;
  • The right to determine, fix, alter, make studies of and institute changes in tasks, work assignments, job duties, job qualifications, workloads, job classifications, quality and quantity standards;
  • The right to determine : the location and extent of its operations and commencement, curtailment, or discontinuance; the direction of the working forces; the services to be furnished; the subcontracting of work; the methods, processes and means of performing work; the qualifications of employees; to use improved methods, machinery and equipment; overtime; are solely and exclusively the right of the University;
  • The right to determine : the services, objectives and all activities of the University; purchasing of services; the right to plan, direct, control, manage, operate, extend, curtail, limit and discontinue the organization; are solely and exclusively the right of the University;
  • The sole and exclusive jurisdiction over all operations, buildings, machinery, tools and equipment shall be vested in the University.

3.2 It is agreed that all functions not referred to or limited by this Agreement shall be considered residual to Article 3.1.

3.3 The University shall exercise its rights herein in a manner that is fair, reasonable and consistent with the terms of this Agreement, and in accordance with relevant legislation governing employment in the Province of Ontario.