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<br />8 <br /> <br />ARTICLE 5 - MANAGEMENT RIGHTS <br /> <br /> <br /> <br />Section 1. Any and all rights concerned with the management and operation of the City of Everett are <br />exclusively those of the City unless otherwise provided by the terms of this Agreement. The City has the <br />authority to adopt rules for the operation of the City and the conduct of its employees, provided such rules <br />are not in conflict with the provision of this Agreement or with applicable law. <br /> <br />Section 2. The City has the right to (among other actions) discipline, temporarily lay-off, or discharge <br />employees for just cause in compliance with either civil service or the library board; to assign work and to <br />determine duties of employees; to schedule hours of work; to determine the number of personnel to be <br />assigned duty at any time; and to perform all other functions not otherwise expressly limited by this <br />Agreement. <br /> <br />Section 3. The parties recognize that pursuant to Ordinance No. 1069-84, the Everett Civil Service <br />Commission has jurisdiction to approve and modify the content of class specifications. If the addition or <br />deletion of duties to a class specification covered by this Agreement constitutes a mandatory subject of <br />bargaining under RCW 41.56, the City will meet and negotiate with the Union upon request. All <br />modifications to existing class specifications and proposed new classifications shall be provided to the <br />Union at least two weeks prior to submission to the Civil Service Commission unless mutually agreed. <br /> <br />Section 4. The City may use administrative leave with pay as a means of placing employees in an off-duty <br />capacity during times that they are otherwise scheduled to be on duty. Examples where administrative <br />leave with pay may be used, if appropriate, would include, but not be limited to investigations or fitness <br />for duty exams. Individuals on paid administrative leave must be available during their regular work <br />schedule. Individuals on Paid Administrative Leave are not subject to unscheduled overtime or callout <br />shifts. Employees on Paid Administrative Leave will earn their regular rate of pay, plus premiums they <br />would have ordinarily received as part of their shift, such as pre-scheduled overtime and stand-by pay. If <br />on Paid Administrative Leave for more than one week, overtime earned over the past year will be <br />averaged in to the employee’s pay while on Paid Administrative Leave. <br />