Management Rights Clause
(Collective Bargaining Agreement)

Summary

This Management Rights Clause (Collective Bargaining Agreement) is generally used by employers in their collective bargaining agreements to confirm or establish the discretion and autonomy to run their operations. A management rights clause is a mandatory bargaining subject. This clause includes practical guidance and drafting notes. This clause is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. For more information on management rights clauses, see Dissolution or Suspension of the Bargaining Obligation ─ 2 National Labor Relations Act: Law & Practice § 12.04, subsection [9], Waiver. For information on mandatory bargaining subjects, see Mandatory, Permissive, and Illegal Bargaining Subjects: Key Considerations, Bargaining over Business Decisions in the Collective Bargaining Context, and Collective Bargaining Subjects Chart. For information generally on the collective bargaining process, see Good Faith Bargaining when Negotiating CBAs. For other clauses that can be included in a collective bargaining agreement, see Notices Clause (Collective Bargaining Agreement), Seniority Clause (Collective Bargaining Agreement), Sick Leave Clause (Collective Bargaining Agreement), Military Duty Leave of Absence Clause (Collective Bargaining Agreement), Prepaid Legal Service Clause (Collective Bargaining Agreement), and Shift Transfer Clause (Collective Bargaining Agreement).