10-2156 Authorizing Execution of CBA with the PBA

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ARTICLE 2 PREVAILING AND MANAGEMENT RIGHTS 2.1 All terms and conditions of employment which apply throughout the department to members of the bargaining unit on the effective date of this Agreement shall not be altered by the City without affording the Union an opportunity to negotiate such change, to the extent required by applicable law. 2.2 Except as specifically abridged by any provision of this Agreement, the City, in order to accomplish its objectives, may exercise all previous rights, prominent among which, but by no means wholly inclusive are: retention and reservation of all its normal and inherent rights of its affairs in all respects, in accordance with its responsibilities, whether exercised or not, including, but not limited to it's rights to determine and from time to time to redetermine the number, location and type of work forces, facilities, operations and methods, processes and equipment to be employed; the scope of services to be performed, the method of service and the schedule of work time; to contract and subcontract existing and future work, to discontinue conduct of its mission or operations in whole or in part, to determine whether and to what extent the work required in its operations shall be performed by employees covered by any existing bargaining agreement; to transfer its work or work forces, either in whole or part, from or to any of its facilities or locations; to determine the number, types and grades of positions or employees assigned to an organization or unit, department or project, to establish and change work schedules, assignments and facility locations; to hire transfer, promote or demote employees; to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reason; to suspend, discharge, or discipline employees in accordance with this Agreement; to use supervisors or other City employees to perform work of the kind performed by employees of the unit, to implement technological systems; equipment and techniques and otherwise to take such measures as management may determine to be necessary for the orderly, efficient and economical operation of the Police Department. 2.3 However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequences of violating the terms and conditions of this Agreement. 2.4 If, in the sole discretion of the City Manager, or in his absence the City official so designated by law to act in his absence, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricane conditions or similar catastrophes, the provisions of this Agreement may be suspended by the mayor during the time of the declared emergency, provided that wage rates, monetary fringe benefits and the provisions of Section 29.9 shall not be suspended. 2.5 Except as set forth in this Agreement no individual, group of individuals or the Association is waiving any rights provided under either Florida or Federal Statutes. Page 5