Article 2 City's Rights of Management Administration

ARTICLE 2 CITY'S RIGHTS OF MANAGEMENT ADMINISTRATION

Section 1. It is agreed and understood that the City does not intend by this Agreement to, and does not, yield any of the rights or powers it had or enjoyed, with respect to unit's members' wages, hours or working conditions, or with respect to any other matter, prior to the time when the FOP asserted or obtained representative status, except as it has, by express language in this Agreement, agreed to yield any of such rights and powers, wholly or partially, or as required by law.

Section 2. During the term of this Agreement, the City shall be deemed to have and enjoy each and all of those rights and powers that it could have and enjoy under the broadest possible contract provisions reserving or granting rights of management or administration to the City, that it could lawfully propose and insist upon through a collective bargaining impasse, under decision(s) of the Florida Supreme Court or decision(s) of any other Florida court or Florida agency. The following are rights which both parties acknowledge are management's rights:

A. the right to determine the size of its workforce;

B. the right to determine the existence of a job vacancy;

C. the right to fill vacancies;

D. the right to initially select employees for inclusion in the workforce;

E. the right to direct, assign and schedule employees in accordance with other terms of this collective bargaining agreement and established general orders;

F. the right to determine the fact of lack of work;

G. the right to determine what records are to be made and kept, including those records relating to hours of work of employees and who will make and keep the records and how the records are to be made and kept;

H. the right to contract or subcontract out work;

I. the right to open new facilities;

J. the right to make time studies of workloads, job assignments, methods of operation; and

K. the right to offer voluntary early retirement and/or voluntary severance packages. The City will notify F.O.P. prior to offering such packages.

Section 3. Nothing in this article or elsewhere in this contract shall operate to create a waiver of rights that the City would not, under Florida law, have the right to insist upon through a bargaining impasse.

Section 4. If, in the good faith discretion of the City, it is determined that an emergency condition exists due to a natural disaster, riot or civil disorder, the City will so notify the Union and the provisions of this Agreement, may be suspended during the emergency, provided that the wage rates, insurance, discipline and discharge, grievance, arbitration and pension benefits provisions will not be suspended. As soon as the emergency is over, all provisions of the contract will go back into effect.