Article 5: Management

Section 5.1: Management Rights

The management of the plant and the direction of the working forces, including the right to direct, plan and control plant operations, the right to hire, promote, demote, lay-off, suspend or discharge employees for just cause, subcontract, or to establish work schedules and make changes therein essential to the efficient operation of the plant, or the right to introduce new improved methods or facilities and to manage the properties, is vested exclusively in the Company; provided that in the exercise of these rights, the Company agrees that it will not violate any provisions of this Agreement or discriminate against any employee in accordance with state and federal laws. It is agreed that these enumerations of management functions shall not be deemed to exclude other proper functions not specifically listed herein. It is the intent of this article that management reserves all rights to manage and make entrepreneurial decisions except as those rights are limited by any provision of this Agreement.

Section 5.2: Contracting Out

The Company will not contract with outside contractors for the furnishing of labor to be employed at its McMinnville, Oregon plant except for: construction, installation of new equipment, or maintenance work of such a nature as to preclude the use of present employees due to lack of company or employee expertise, insufficient skills or experience or due to emergencies.

Section 5.3: Plant Rules

The Union agrees that the Company may establish and implement reasonable plant rules not inconsistent with this Agreement, and the Company agrees that it will discuss and advise the Union of any modifications to such plant rules prior to their posting. The Union may challenge the plant rules anytime after they are promulgated through Article 28, Adjustment of Grievances.