CBA Article 31


31.1 Except as modified by this Agreement, the Employer retains all rights of management, which, in addition to all powers, duties and rights established by constitutional provision or statute, shall include but not be limited to, the right to: 

A. Determine the Employer’s functions, programs, organizational structure and use of technology; 

B. Determine the Employer’s budget and size of the agency’s workforce and the financial basis for layoffs; 

C. Direct and supervise nurses; 

D. Take all necessary actions to carry out the mission of the State and its agencies during emergencies; 

E. Determine the Employer’s mission and strategic plans; 

F. Develop, enforce, modify or terminate any policy, procedure, manual, work product or work method associated with the programs or operations of the Employer; 

G. Determine or consolidate the location of operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations; 

H. Establish or modify the workweek, daily work shift, hours of work and days off; 

I. Establish work performance standards, which include, but are not limited to, the priority, quality and quantity of work; 

J. Establish, allocate, reallocate or abolish positions, and determine the skills and abilities necessary to perform the duties of such positions; 

K. Select, hire, assign, reassign, evaluate, retain, promote, demote, transfer, and temporarily or permanently layoff nurses; 

L. Determine, prioritize and assign work to be performed; 

M. Determine the need for and the method of scheduling, assigning, authorizing and approving overtime; 

N. Determine training needs, methods of training and nurses to be trained;

O. Determine the reasons for and methods by which nurses will be laid-off; and 

P. Suspend, demote, reduce pay, discharge, and/or take other disciplinary actions. 

31.2 The Employer has the right to exercise all of the above rights and the lawful rights, prerogatives and functions of management. The Employer’s exercise or non-exercise of any right, prerogative or function shall not be subject to the grievance procedure in Article 36 of this Agreement. In addition, the Employer’s non-exercise of any right, prerogative or function shall not be deemed a waiver of such right or establishment of a practice. 

© Paul Vilja 2017