ARTICLE 3 - MANAGEMENT RIGHTS

All management rights and functions, except those which are clearly and expressly abridged by this Agreement, shall remain vested exclusively in the Employer. Nothing contained in this Agreement shall be deemed or construed to impair or limit the powers and duties of the Employer under the laws of the Commonwealth. The Association recognizes the right of the Employer and any of its duly authorized agents to control, operate and manage the University and its facilities without interference; to subcontract work; to determine operational policies, methods, and procedures; to direct, hire, promote, transfer, upgrade, allocate, reallocate, classify and reclassify employees; to discharge, suspend, demote, or otherwise discipline employees for just cause; to lay-off employees for lack of work, lack of funds or curtailment of programs; and to recall employees; to promulgate and enforce all reasonable rules relating to operations, safety measures, and other matters; to promulgate and enforce rules and regulations; provided, however, that in exercising the foregoing rights of management, the Employer agrees that it will not violate the specific provisions of this Agreement. Without limiting the generality of the foregoing, the Employer reserves the right, subject only to the express provisions of this Agreement, to manage the University, to require reasonable standards of performance and to maintain order and efficiency.


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