The Employer has both the legal responsibility and the sole right to manage VNSNY Home Care and, except as specifically limited in this Agreement, to: (a) hire, assign, transfer, promote, demote, schedule, lay off, recall, discipline, discharge its Employees and direct them in their work and (b) control all VNSNY Home Care property. Except as this Agreement otherwise specifically provides, the management of VNSNY Home Care and the direction of the work force shall be in the sole discretion and the sole responsibility of the Employer, and except as otherwise provided herein, the Employer retains its sole and exclusive right to promulgate rules and regulations; direct, designate, schedule and assign duties to the work force; plan, direct and control the entire oper ation of VNSNY Home Care; discontinue, consolidate or reorganize any Region/Program, department or branch; transfer any or all operations to any location or discontinue the same in whole or in part; merge with any other institution; make technological improvement; install or remove equipment regardless of whether or not such action causes any reduction of any kind in the number of Employees, or transfers in the work force, requires the assignment of additional or different duties or causes the elimination or addition of nursing titles or jobs; and carry out the ordinary and customary functions of management whether or not possessed or exercised by the Employer prior to the execution of this Agreement, except as limited herein. All the rights, powers, discretion, authority and prerogative
possessed by the Employer prior to the execution of this Agreement, whether exercised or not, are retained by or are to remain exclusively with the Employer, except as limited herein.
The Union, on behalf of the Employees, agrees to cooperate with the Employer to attain and maintain full efficiency and maximum patient care and the Employer agrees to receive and consider constructive suggestions submitted by the Union in accordance with Sections 3.8-3.10.