Collective Bargaining Agreement between University of Delaware and the Fraternal Order of Police Lodge No. 7, University of Delaware Chapter

Effective July 1, 2008 ­
June 30, 2010

Section 1. Except as expressly modified or restricted by a specific provision or provisions of this Agreement, all managerial and administrative prerogatives and functions are retained and vested exclusively in the University, in accordance with its sole and exclusive judgment and discretion to: Manage and direct the work of employees; to demote, reprimand, suspend, discharge or otherwise discipline employees (without diminishing any rights provided by state law); to hire, promote and determine qualifications of employees; to assign and direct their work; to transfer, layoff, recall to work and retire employees; to set standards of productivity and the services to be rendered; to add or subtract shifts, as needed; to maintain the efficiency of operations; to determine the personnel, methods and means by which such operations are conducted; to determine the number and types of employees required; to assign such work to employees in accordance with the needs of the Employer as determined by the Employer and without regard to whether or not they are represented; to determine employee job duties; to promote or layoff employees by seniority with consideration only of their skills and abilities; to set the hours and shifts to be worked; to subcontract or contract out work covered by this Agreement; to control and regulate the use of facilities, equipment and other property of the Employer; to introduce new or improved equipment and operational methods; to determine the number, location and operation of departments, divisions and all other units of the Employer; to issue, amend or revise policies, rules, regulations and practices necessary to carry out these and all other managerial and administrative prerogatives; and to take whatever action that is otherwise necessary in the Employer’s judgment and discretion to administer the business and direct the Employer’s employees. The Employer’s failure to exercise any prerogative or function in a particular way shall not be considered a waiver of the Employer’s right to exercise such prerogative or function or preclude it from exercising the same in some other way, not in conflict with the express provisions of this Agreement.

Section 2. The listing of specific rights in this Article is not intended to be nor should be considered restrictive or a waiver of any of the rights of management not listed and not specifically surrendered herein, whether or not such rights have been exercised by the Employer in the past.