Article 1 - 4

Article 1 - Affirmative Action

The University and the Union, in recognition of the desirability of an equitable and broad based Representation of minorities and women throughout the institution, hereby declare a policy of actively seeking minorities, women, disabled persons, and veterans to apply for vacancies in areas where they are unrepresented or under-represented.

Ohio University establishes and maintains an affirmative action plan to promote equal opportunity for employment, in compliance with federal law, for minorities and women, for persons with disabilities, and for covered veterans. Ohio University shall make available an annual written affirmative action plan for public inspection.

Article 2 - NonDiscrimination

1. Neither the University nor the Union shall discriminate against any employee covered by this Contract in a manner which would violate any applicable laws because of race, color, religion, age, national origin, ethnicity, national ancestry, sex, pregnancy, gender, gender identity or expression, sexual orientation, military service or veteran status, mental or physical disability or genetic information.
2. Neither the University nor the Union shall interfere with the right of employees covered by this Contract to become or not become members of the Union, and there shall be no discrimination against any such employees because of lawful Union Membership or non-membership activity or status.
3. The term employee or employees where used herein shall refer to employees in the Bargaining Unit.

Article 3 - Ohio Revised Code

Chapter 124, Ohio Revised Code, and attendant Department of Administrative Services rules are notapplicable to employees covered by this Contract.

Article 4 - Management Rights

1. Ohio University retains the sole and exclusive right to manage its operations, buildings, and plants, and to direct the work force. The right to manage shall also include the authority to establish and maintain personnel policies as well as operating policies and procedures, and reasonable work rules not inconsistent with the express provisions of this Contract.
2. The right to manage the operations, buildings and plants, and to direct the work force includes, but is not limited to the following:
   1. Determine matters of inherent managerial policy which include but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, establishment of employee training programs, its overall budget, utilization of technology, and organizational structure;
   2. Direct, supervise, evaluate, or hire employees;
   3. Maintain and improve the efficiency and effectiveness of governmental operations;
   4. Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted; determine the necessity for overtime and the number of employees necessary for overtime work;
   5. Suspend, discipline, demote, discharge for just cause, lay off, transfer, assign, schedule, promote, or retain employees;
   6. Determine the adequacy of the work force;
   7. Determine the overall mission of the employer as a unit of government;
   8. Effectively manage the work force; and,
   9. Take actions to carry out the mission of the public employer as a governmental unit.
3. These aforementioned Management rights, except as specifically abridged by this Contract, are retained by the University and remain the exclusive right of Management.