WE ARE THE UNION!
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WE ARE THE UNION!
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COMPANY PROPOSAL: ARTICLE 5 MANAGEMENT RIGHTS
1.
Except as set forth below in this Article or elsewhere in this Agreement,
the Employer retains the exclusive right to manage the business, to direct and
control the business and workforce, to make any and all decisions affecting the
business, and to take actions necessary to carry out its business, including,
but not limited to the following: the
exclusive right to plan, determine, direct and control the nature and extent of
all its operations and commitments, Games, New Games, Gaming Devices and/or
Gaming; to determine the methods, procedures, materials operations, Games, New
Games, Gaming Devices and/or Gaming to be used or to discontinue or to modify
their use by employees of the Employer or others; to install, upgrade,
introduce, consolidate or remove any new or improved service methods, work
procedures, facilities, equipment, technology, Games, New Games, and Gaming
Devices and to maintain efficient operations; to promote and demote employees;
to determine the policies affecting the selection and training of employees, the
type of training, including but not limited to service standards training
(“Spotlight,” “FOCUS,” etc.),
as well as those employees who should be trained and to require the employees to
participate in training, and establish quality and product standards; to
transfer and reassign employees from one work location or classification to
another in the Bargaining Unit; to increase, decrease or change staffing; to
subcontract Bargaining Unit work without restriction; to require employees to
perform duties outside the Bargaining Unit; to determine the methods of
investigating alleged employee misconduct; to search an employee’s person,
vehicle, personal property or any Employer property which an employee uses, and
to seize any Employer property; to require drug or alcohol testing of employees
in accordance with the Employer’s drug and alcohol testing policy set forth in
the Employee Handbook; to select and hire employees from whatever source; to
perform periodic background checks; to direct, instruct, control and schedule
the work force, including determining or changing the starting time, quitting
time, and the number of employees and the number of hours to be worked; to
determine and evaluate competency and/or fitness for duty and medical standards;
to determine which programs and contracts to enter and which Games, New Games
and Gaming Devices to utilize; to create, adjust and abolish work shifts; to
reduce employee hours of work; to determine the work duties and qualifications
of employees for jobs and the content of jobs, to promulgate, amend and enforce
reasonable work rules, including but not limited to the Employee Handbook, and
reasonable policies and procedures affecting efficiency, safety and working
conditions; to promulgate, amend and enforce safety measures; to establish,
change or modify dress standards, including the type of uniforms worn by
employees; to discipline and discharge employees; to establish, change, combine
or abolish classifications; to determine employee eligibility for light duty on
a case by case basis, based upon the severity or such employee’s restrictions,
availability of work and business needs; to set standards and methods of
performance of work for employees in each classification; to install, alter,
remove, or relocate property, equipment, Games, New Games and Gaming Devices; to
increase or decrease the space allotted to any Games, New Games and Gaming
Devices on the casino floor; to expand the business operations by acquisition,
merger or other means; to discontinue the operation of the Employer by sale or
otherwise, in whole or in part, at any time; to sell the business, its stock or
assets at any time; to discontinue, reorganize or combine any department or
branch of operations; to assign employees to perform job duties; to unilaterally
establish corporate wide or property incentive and bonus plans, modify and
unilaterally eliminate said plans; and in all respects to carry out, in
addition, the ordinary and customary functions of management, whether exercised
or not. [Open]
The specific rights set forth above in Section 1 shall extend beyond the
expiration of the Parties’ Agreement until a successor agreement is reached. [Open]
With respect to any decision above made by the Employer which has a
significant impact on a substantive right of one or more employees, the Employer
agrees to bargain over the impact or effects of such decision upon written
demand by the Union. [Open]
2.
The Employer also may direct supervisors, managers or any other persons
not covered by this Agreement to perform Bargaining Unit work under the
following categories or circumstances:
(a)
Tournaments;
(b)
To Temporary Employees
(c)
To Seasonal Employees;
(d)
Training;
(e)
Demonstrations;
(f)
Testing;
(g)
Troubleshooting;
(h)
Quality control;
(i)
Qualified Bargaining Unit employees are unavailable at work at the time
the work is to be performed;
(j)
Providing occasional assistance to Bargaining Unit employees;
(k)
Urgent situations;
(l)
Infrequent work currently being performed by supervisors; or
(m)
By mutual agreement with the Union. [Open]
3.
Except as specifically set forth in this Agreement, the Employer’s
Employee Handbook as well as all current department policies and procedures are
deemed to contain “non-arbitrary” work rules and shall govern any term and
condition of employment of the Bargaining Unit, e.g.,
the employee cafeteria, applicable to all Company employees and are not in
violation of this Agreement, nor subject to the grievance and arbitration
process. Any Employer change and/or elimination in any such term or
condition made applicable to non- Bargaining Unit employees shall then also
apply to the Bargaining Unit, and the changes will be subject to the grievance
and arbitration process. The Union
agrees that changes in the Handbook of major significance will be forwarded to
the Union ten (10) days before implementing. [Open]
4.
The selection of supervisory and managerial personnel shall be the sole
responsibility of the Employer and shall not be subject to the grievance and
arbitration provisions of this Agreement. [Open]
5.
This Article shall be interpreted to allow the Employer maximum
operational flexibility in the highly competitive and dramatically changing
local, regional, national and international gaming industry.
The Employer’s failure to exercise any right, prerogative, or function
hereby reserved to it, or the Employer’s exercise of any such right,
prerogative, or function in a particular way, shall not be considered a waiver
of the Employer’s right,
prerogative, or function or preclude it from exercising the same in some other
way not conflicted with the express provisions of this Agreement. [Open]
UNION
COMMENTS/OPINION: See
"Status Quo": See
Union Proposal:
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For More Information Please Contact Us At: email: TWULocal721.org or Call: Las Vegas Dealers Local 721 at: 702-476-0648 or Visit: 2770 S. Maryland Parkway, Suite 510 Updated: April 21, 2010 © 2007-08 by TWULocal721.org All Rights Reserved |
