ARTICLE XV
MANAGEMENT RIGHTS
15.1 It is understood and agreed that the Board of Trustees retains all rights, powers, privileges, functions and authority to direct, manage and control the operations of the District to the full extent authorized by law. Any of the rights, powers, privileges, functions or authority which the District had prior to the execution of the agreement are retained except as those rights, powers, privileges, functions or authority which are specifically abridged or modified by this Agreement.
15.2 It is further understood that all matters not specifically enumerated as being within the scope of representation in Government Code, Section 3543.2, and not limited by express terms of this Agreement as rights of the exclusive representative, are reserved to the District.
15.3 The Association recognizes and agrees that the Board of Trustees, rights, powers, privileges and authority include but are not limited to, the following:
- 15.3.1 The right to manage the District's operations.
- 15.3.2 The right to direct the workforce, including recruitment, selection, appointment, retention, promotion and demotion.
- 15.3.3 The right to direct, supervise, schedule and assign the workforce.
- 15.3.4 The right to discipline, suspend and discharge employees for just cause.
- 15.3.5 The right to determine the number and starting times of shifts, the number of hours and days in the workweek, hours of work, and the number of persons to be actively employed by the District at any time.
- 15.3.6 The right to lay off for lack of work or lack of funds.
- 15.3.7 The right to establish standards and criteria for performance.
- 15.3.8 The right to determine the qualifications of employees.
- 15.3.9 The right to maintain order and efficiency.
- 15.3.10 The right to improve methods or facilities and to change existing methods or facilities.
- 15.3.11 The right to extend, maintain, curtail or terminate the operations of the District.
- 15.3.12 The right to take whatever actions may be necessary or appropriate to carry out the mission of the college.
15.4 It is not the intention of the parties, in setting forth the above mentioned rights of management, to detract or diminish in any way the rights of the Association or of unit members as expressly set forth elsewhere in this Agreement. It is the parties' intention that the clear and explicit provisions of the other articles of this Agreement constitute the only contractual limitation upon the District's rights.