On one point, the Graymont Board`s decision does not announce a change in the law: employers have always had to prove that the union had clearly and unequivocally waived its right to bargain before acting unilaterally in changing the length of employment and conditions of employment. This case indicates, however, that the House will now require a certain specificity, which until now was not necessary to find a waiver in the language of an administrative law clause. Employers should consider negotiating management rights provisions with the greatest possible specificity with respect to the rights retained or negotiate with the union before changing the terms of employment. That said, some points that are not specifically mentioned in the administrative rights clause may be problematic. In the absence of an explicit right to suspend employment without pay, one may ask, for example, whether unionized employees, who are not paid every hour but without pay, can be suspended without pay. It is certainly doubtful that this should be allowed by the common law when the employment contract sets an annual salary. In Graymont, a majority of three board members found that the employer, a limestone and limestone manufacturer, was breaking the law by not giving the union the opportunity to negotiate before amending the existing guidelines, despite a management right clause that reserved the employer`s right to unilaterally make these changes. The board found that the union had not ”clearly and unequivocally” waived its right to negotiate this policy and that, therefore, the employer was required to negotiate with the union in advance before any possible changes were made. We must always try to negotiate every amendment proposed by the administration, regardless of what the management rights clause says. We will not win everyone, but by maintaining our rights and having active membership behind us, we can ”train” management to negotiate most working conditions.

1. MANAGEMENT RIGHTS1.1 Unless this is not limited by an express provision of this agreement, the Union and the workers recognise that the management of the company and its activities, as well as the management of the workforce, are exclusively defined in society, without limiting the universality of the above, the Union recognises that the company`s exclusive mission is to manage and manage its affairs. , directing the workforce, planning operations, directing and controlling; (b) maintain order, discipline, profitability, efficiency, productivity, standards, quality of service and after-sales service and, in conjunction with this, to adopt, modify and enforce from time to time rules, rules, guidelines and practices that must be respected by staff, including, but not limited to, the rules, rules, policies and practices set out in the staff manual , in order to discipline or clear employees for a particular reason, subject to the proper administration of the Union to file a complaint under this agreement;c) to determine the place of activity, the allocation of work, the allocation of work deliveries, work plans, the number of positions; Determine production methods The definition of order content, quality and quantity requirements; Qualification of a worker for a specific mission and an appropriate method of assessing the performance; Determine what equipment to use and use new or improved methods and equipment Introduce, modify or stop products, services, tasks or processes Employee work schedules, number of employees required at any time, number of hours worked, start and layoff hours, and overtime, and overtime work; (d) classify, dismiss and recall staff and select staff for positions excluded from the rate unit; (e) to determine the extension, limitation, limitation or shutdown of the operation or any part of it and to determine and perform all other functions and pre-operations