ARTICLE 4 - MANAGEMENT RIGHTS

1.1    Except to the extent expressly limited by a specific provision of this Agreement the Company reserves and retains all rights which existed prior to the execution of this Agreement to manage its business, operation and the Distribution Center, including without limitation, the sole and exclusive rights to manage and direct the workforce and to execute the various duties, functions and responsibilities incident thereto, to determine the products to be handled or, to require and schedule reasonable overtime within the terms of the Agreement, to establish qualifications and job descriptions for all work, to schedule the work, to determine methods, processes and means of accomplishing the work, to conduct employee satisfaction or related surveys, to maintain or implement employee feedback or compiaint processes which address issues outside of this Agreement, to determine the quality and quantity of work to be performed, to introduce new or improved methods, equipment or facilities for accomplishing the work, to change or discontinue existing work methods, products, material or facilities, to establish, revise ar add reasonable work rules, policies and procedures which the Company deems necessary to ensure the safety and efficiency of the facility and its employees by which all employees must abide, to decide the number of employees and the number and location of its facilities, to hire, promote and or transfer employees by seniority, to demote, suspend, discipline or discharge employees for just cause, to involuntarily relieve employees from duty because of lack of work, and to exercise such other rights as may be necessary for the proper management of the Distribution Center that are not in confiict of any provisions or articles of this Agreement.

1.2    It is agreed that the management rights described and specified herein, except those rights expressly abridged or limited by a specific provision of this Agreement, may not be limited by arbitration ar an Arbitrator, or by any other means except by mutual written agreement of the Parties.

1.3    it is understood and agreed that the exercise of management rights by the Company is not subject to prior notice, discussion or negotiation with the Union, except to the extent expressly required by a specific provision of this Agreement.

1.4    The Company has the sole right to subcontract, contract or outsource any work, and to have work performed outside of the Distribution Center either by third Parties or other facilities, including bargaining unit work, at any time and for any reason except that the intent cannot be to erode the bargaining unit. The Company also has the sole right to transfer work, and determine the location of the business, including the establishment of new distribution centers, facilities, departments, divisions or subdivisions and to relocate, sell, lease or close the same.

1.5    At least ten (10) working days prior to revising or adding reasonable work rules or personnel policies, the Company agrees to meet and discuss the same with the Union. The Union wilt have the right to challenge the reasonableness of any new rule and/or penalty through the Grievance and Arbitration Procedure.

1.6    With a minimum of ten (10) working days prior to implementation, the Company will distribute revised or newly implemented work rules or personnel policies to bargaining unit employees and provide a copy to the Union.