ARTICLE 4

MANAGEMENT RIGHTS


4.1

The CSU retains and reserves to itself, whether exercised or not, all powers, rights, authorities, duties, and responsibilities which have not been specifically abridged, delegated, or modified by this Agreement. Except as otherwise provided in this Agreement, the Union agrees that the CSU has the right to establish, plan, direct and control the CSU’s missions, programs, objectives, activities, resources, assets and priorities; to establish, administer and revise procedures, rules and regulations, and direct and control University operations; to alter, extend or discontinue existing equipment, facilities, and location of operations; to determine or modify the number, qualifications, scheduling, responsibilities and assignment of employees and all other personnel; to establish, maintain, modify or enforce standards of performance, conduct, order and safety; to evaluate, determine the content of evaluations, and determine the processes and criteria by which employees’ performance is to be evaluated; to establish and require employees to observe CSU rules and regulations; to discipline or dismiss employees; to establish or modify the academic calendars, including holidays and holiday scheduling; to assign work locations; to schedule hours of work; to recruit, hire or transfer; to determine how and by who instruction and other services are delivered; to introduce new methods of instruction; and to exercise sole authority on all decisions involving academic matters. Decisions regarding who is provided teaching or other services provided by the Program, what teaching and other services are provided, how teaching and other services are provided and who provides teaching and other services involve management and academic judgment and shall be made at the sole discretion of the Program.

4.2

Decisions regarding who is provided teaching or other services provided by the Program, what teaching and other services are provided, how teaching and other services are provided and who provides teaching and other services involve management judgment and State and Federal guidelines and shall be made at the sole discretion of the Program.

Contracting Out

4.3

When the Program deems it necessary in order to carry out the mission and operations of the Head Start Program, the Program may contract out work provided that the contracting out does not displace bargaining unit employees.

4.4

The Program shall notify the Union when contracting out is to be on a long-term basis. Long term contracting out shall mean contracting which is more than one hundred eighty (180) days. The Union may request to meet and confer, within thirty (30) days of notification, on the impact of contracting out work when such contracting out is to be on a long-term basis. Both Parties shall attempt to schedule a meeting for this purpose within thirty (30) days of such a request. Notice to the Union shall be within two weeks of the request to contract out work.

4.5

Prior to meeting and conferring on long term contracting out, the Program shall respond to any requests for information submitted in writing by the Union. Requests for information will be responded to as soon as possible and will not be unreasonably delayed.

 

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