Labor Relations Fundamentals for Community College Districts

safety or health, or matters involving violations of the law, employees are expected to carry out management’s orders. To the extent that employees disagree with the appropriateness of a directive from management, they may protest said orders through the negotiated grievance procedure. An example of an important management right is the right to make routine alterations in duties of employees, i.e., to direct the work force, so long as these changes are not substantial and significant. Inherent management rights are often listed in a management rights clause in a labor agreement. A management rights clause may also grant management certain rights by mutual agreement beyond the inherent rights discussed above (e.g., the right to change work schedules without further negotiations). The purpose of a management rights clause in the labor agreement is to clarify and confirm those rights by mutual understanding in order to avoid and resolve potential disputes, and to avoid erosion of those rights in the administration of the contract. Generally the management rights listed in a management rights clause includes the following:

 Unilateral and exclusive right to operate, administer and manage the district’s services and workforce, performing those services in all respects, subject to the labor agreement.  To determine the nature, standards, and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.  To manage all facilities and operation of the district, including the methods, means, numbers, and kinds of personnel by which the district operations are to be conducted, including the right to contract out work or transfer work out of the bargaining unit.  To direct the work force, including the right to hire, assign, promote, demote or transfer any employee.  To assign work to and schedule employees in accordance with requirements as determined by the district, and to establish and change work schedules and assignments upon reasonable notice.  To discharge, suspend, demote, reprimand, and withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law and negotiated disciplinary procedures.  To determine policies, procedures and standards affecting the selection, training and promotion of employees.  To establish, assess and implement employee performance standards, the assessment of employee performances; and the procedures of said assessment.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 22