2023 - 2026 DSA Memorandum of Understanding: Article 4: Management Rights

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4.1 Retention of Rights
4.2 Non-Grievability of Decision Making Authority
4.3 Exclusive Rights
4.4 Contracting - Out

4.1 Retention of Rights

The Association recognizes that the County has, and will continue to retain in all respects, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its public services and its work force performing those services.

4.2 Non-Grievability of Decision Making Authority

The County has, and will continue to retain, exclusive decision-making authority on matters not expressly modified by specific provisions of this Memorandum except as provided by this Memorandum and applicable law. Such decision making shall not in any way, be subject to the grievance procedure provided in Article 31.

4.3 Exclusive Rights

The exclusive rights of the County shall include, but not be limited to, the right to determine the organization of County government and the purpose and mission of its constituent agencies; to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations; to establish and enforce administrative regulations and work rules in addition to and not inconsistent with the specific provisions of this Memorandum of Understanding; to direct its employees; to take disciplinary action; to relieve its employees from duty because their positions are abolished, or whenever necessary because of lack of work or lack of funds, or under conditions where continued work would be ineffective or non-productive; to determine whether goods or services shall be made, purchased or contracted for; to determine the methods, means and personnel by which the County's services are to be provided, purchased or contracted including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the County and the public.

To the extent required by law, the County agrees to meet and confer on the impact of the exercise of any such rights upon represented employees prior to implementation.

4.4 Contracting Out

The County agrees to meet and confer, upon request of the Association, in accordance with the MMBA regarding contracting out.