AVSTA CSEA-CONTRACT-April 12, 2023

ARTICLE XXV

AGENCY RIGHTS

25.0 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 are reserved to the Agency. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 25.0.1 The legal, operational, geographical, and organizational structure of the Agency, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees. 25.0.2 The financial structure of the Agency, including all sources and amounts of financial support, income, funding, and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations to this Agreement. 25.0.3 The acquisition, disposition, number, location, types and utilization of all Agency properties, whether owned, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service and activity functions assigned to such properties. 25.0.4 All services to be rendered to the public and to the Agency personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting, within legal limitations, of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services; the agency will consult with the Association prior to implementing any subcontracting that would result in a decrease in the guaranteed hours to which a unit member is assigned. 25.0.5 The utilization of personnel not covered by this agreement, including but not limited to substitutes in any capacity, individuals who are hired specifically to perform extra-duty assignments or who are hired on an hourly basis and are not otherwise regularly employed by the Agency, any employee whose primary employment is not the Agency, casual, provisional personnel, consultants, and supervisory or managerial personnel, and the methods of selection and assignment of such personnel. 25.0.6 The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the Agency; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, functions, activities, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening.

25.0.7 The job classifications, content and qualifications thereof, and the duties for all unit members;

25.0.8 The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards.

25.0.9 The dates, time and hours of operations of Agency facilities, functions, activities and work schedules.

25.0.10 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters.

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