4.1 The
Union agrees that the City has and will continue to retain, whether exercised
or not, the right to operate and manage its affairs in all respects; and the
powers or authority which the City has not officially abridged, delegated or
modified by the express provisions of this Agreement are retained by the
City. The rights of the City, through
its management officials, shall include, but shall not be limited to, the right
to determine the organization of City Government; to determine the purpose of
each of its constituent departments; to exercise control and discretion over
the organization and efficiency of operations of the City; to set standards for
service to be offered to the public; to direct the employees of the City,
including the right to assign work and overtime; to hire, examine, classify,
promote, train, transfer, assign, and schedule employees in positions with the
City; to suspend, demote, discharge, or take other disciplinary action against
employees for proper cause; to increase, reduce, change, modify or alter the
composition and size of the work force, including the right to relieve
employees from duties because of lack of work or funds; to determine the
location, methods, means, and personnel by which operations are to be
conducted, including the right to determine whether goods or services are to be
made or purchased; to establish, modify, combine or abolish job pay positions;
to change or eliminate existing methods of operation, equipment or facilities.
4.2 The
City has the sole authority to determine the purpose and mission of the City,
to prepare and submit budgets to be adopted by the City Commission. This shall not prohibit the Union from
expressing its views to the legislative body at the public budget hearing.
4.3 The
City shall enforce and comply with the provisions of the Agreement so as not to
violate the City Charter or the existing Civil Service Rules and Regulations
(Ordinance 8977 as amended).
4.4 Those
inherent managerial functions, prerogatives and policy-making rights which the
City has not expressly modified or restricted by a specific provision of this
Agreement are not in any way, directly or indirectly, subject to the Grievance
Procedure contained herein.
4.5 Delivery
of municipal services in the most efficient, effective and courteous manner is
of paramount importance to the City of Miami.
Such achievement is recognized to be a mutual obligation of both parties
within their respective roles and responsibilities.
4.6 Whenever
the employer exercises a right or privilege contractually reserved to it or
retained by it, the employer shall not be obligated to bargain collectively
with respect to the effect or impact of that exercise on individual bargaining
unit members or on the unit as a group, or to postpone or delay effectuation or
implementation of the management decision involved for any reason other than an
express limitation contained in this Agreement.
4.7 For the term of this agreement the City agrees that the reassignment, transfer of bargaining unit employees or roll-back from a permanent position will not result in a reduction or "red-circling" of an affected employee's salary. Section 4.7 does not apply to bargaining unit employees hired on or after October 1, 1998.