if a union organizer gives you the impression that, if you become unionized, the union (or employees) will run the Company, you may be surprised to learn that this is not the case.
The reason is the vast majority of todays contracts contain a contractual clause called Management Rights.
Management Rights clauses are contractual clauses found in union contracts that give management the ability to manage its business without interference from the union (except as agreed to).
While not all inclusive, below is a listing of typical Management Rights found in union contracts giving management the right to:
Direct, control and assign employees work
To establish schedule and hours of work
Determine qualifications of employees
Discipline employees and terminate employees for cause
Expand and reduce the number of employees
Recall from layoff
Establish and enforce rules of conduct
Consolidate, tranfer, or close its operations
BELOW ARE EXAMPLES OF ACTUAL MANAGEMENT RIGHTS CLAUSES FROM DIFFERENT UNION CONTRACTS:
ARTICLE 7—MANAGEMENT RIGHTS
The management of the Employer’s operations and the direction of its employees, including but not limited to the rights: to hire, classify, promote, transfer, lay-off, recall, discipline, discharge for just cause, suspend, direct, control, and determine the qualifications of employees; to maintain order and efficiency and to establish and enforce rules and regulations as well as absentee tardiness policies, safety standards, work loads, and schedules of production; to determine the location and extent of the Employer’s operations and their commencement, expansion, curtailment or discontinuance; to select, introduce, discontinue, eliminate or change equipment, machinery, processes or services; and to schedule and assign work to the employees, shall remain vested exclusively with the Employer.
The above are by way of example only of rights vested exclusively in the Employer and all rights which the Employer would have but for the existence of a collective bargaining agreement, including the rights to continue or discontinue any past practice or benefit, except as specifically modified by this Agreement, are vested in the Employer’s discretion.
Union Contract [Emphasis Added]
The Union and the Employees agree that the right to operate and manage the business and the affairs of the Company, the right to select and direct the working forces and the right to control and direct the use of its equipment, facilities and properties are vested exclusively in the Company.These rights include, without being limited to, the right of control, determine and change the manner and the extent to which the Company’s equipment, facilities and properties shall be operated, increased, discontinued, decreased or located, and to introduce, operate and change new or improved methods, facilities, techniques and processes; to control, determine and change operations, shifts, experimental, distribution, overtime, training and working assignments and schedules; to select, test, train and determine the ability and qualifications of the employees; to employ, assign, promote, discipline, discharge, lay off, transfer and retire the employees and to determine and make changes in job contents and standards and the size and composition of the work force; to establish, distribute, modify and enforce rules of employee conduct and manuals of operating procedures and safety regulations and to control, direct and change facilities and services on Company premises for the use or benefit of the employees; to determine, control and change the methods and sources of the sale and distribution of its products and services and to obtain from any source and to contract and subcontract for equipment, materials, services and supplies; to maintain discipline and order and to maintain or improve efficiency within its operations and all other rights pertaining to the operation, the management of the business and the affairs of the Company and the establishment and change of conditions of employment not specifically given in this Agreement to the Union or to the employees; provided, however, that none of these rights shall be exercised by the Company contrary to any specific provision of this Agreement.The failure by the Company to exercise any of the rights as provided in this paragraph shall not be construed as a waiver of these rights.
B.Specific Company Action
Except when it can be reasonably shown that conduct or action by the Company is in violation of a specific provision of this Agreement, the exercise by the Company of its right to operate and manage the business and the affairs of the Company, to select and direct the working forces and to control and direct the use of its equipment, facilities and properties shall not be subject to the grievance procedure or to arbitration as provided in Article IX.
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