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2 <br />3.10 REST BREAKS: Periods during the Scheduled Shift during which the Employee remains <br />on continual duty and is responsible for assigned duties. <br />3.11 LUNCH BREAK: An unpaid period during the Scheduled Shift during which the <br />Employee is not responsible for assigned duties. <br />3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's <br />position, the stoppage of work, slowdown, or abstinence as a whole or in part from the <br />full, faithful, and proper performance of the duties of employment for the purposes of <br />including, influencing, or coercing a change in the conditions or compensation of the <br />rights, privileges, or obligations of employment. <br />3.13 COMPENSATORY TIME: A non-exempt Employee’s time off a regularly Scheduled Shift <br />with pay in lieu of Overtime pay, taken with prior approval of the Employer. <br />3.14 PROBATIONARY PERIOD: That period from date of hire until an Employee, with <br />successful performance, is certified as a regular full time Employee as per the following: <br />a. New Hire: Six (6) months from date of hire. <br />b. Promotion: Six (6) months from the date of promotion. <br />ARTICLE 4. EMPLOYER AUTHORITY <br />The Employer has and will continue to retain, whether exercised or not, the sole and <br />unrestricted right to operate and manage its affairs in all respects and to perform any inherent <br />managerial function not specifically limited by the express provisions of this Agreement. <br />The rights of the Employer, through its management official, shall include but not be limited to <br />the following: <br />1) The right to operate and manage all manpower and facilities and equipment, <br />2) to set and amend budgets, <br />3) to establish and modify the organizational structure, <br />4) to determine the purpose or mission of the organization in each of its departments or <br /> units, <br />5) to establish functions and programs, <br />6) to introduce new or improved methods of work and to determine the utilization of <br /> technology, to exercise control and discretion over the organization and the efficiency, <br /> economy, and productivity of operations, <br />7) to set standards for work services to the public, <br />8) to change or eliminate the existing work schedules, to assign work, overtime, leave time, <br /> and schedule working hours, <br />9) to hire, examine, classify, promote, train, transfer, assign and schedule Employees in <br /> positions with the Employer, <br />Page 64 of 111