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rehired, he shall be considered as a new employee and subject to <br />the provisions of Section 1. <br />MANAGEMENT RIGHTS <br />ARTICLE VI <br />The Employer shall have the exclusive right, <br />except to the extent otherwise modified or limited in this <br />Agreement, to manage the operations,:pontrol the premises, direct <br />the working force and maintain efficiency of operations. Among <br />the Employer's management right are the right to hire, transfer, <br />discipline and discharge for just cause, lay off and promote; to <br />promulgate and enforce reasonable work rules; to introduce new <br />equipment, methods of performing work, or facilities; to deter- <br />mine the size, duties and qualifications of the work force, and <br />work schedules. <br />EMPLOYEE RIGHTS <br />ARTICLE VII <br />Section 1. An employee has the right to the presence and <br />advice of an NOPBA representative at all disciplinary interroga- <br />tions. <br />Section 2. An employee who is to be questioned as a suspect <br />in any investigation of any criminal charge against him shall be <br />advised of his constitutional rights before any questioning <br />starts. <br />Section 3. Before an employee may be charged with any <br />violation of the Rules and Regulations for a refusal to answer <br />questions or participate in an investigation, he shall be advised <br />that his refusal to answer such questions or participate in such <br />investigation will be the basis of such a charge. <br />Section 4. Questioning or interviewing of an employee in <br />the course of an internal investigation will be conducted at <br />hours reasonably related to the employee's shift, unless opera- <br />tional necessities require otherwise. Interrogation sessions <br />shall be for reasonable periods of time and time shall be pro- <br />vided for rest periods and attendance to physical necessities. <br />In addition, tapes will only be made by the City, the Dispatcher <br />and his attorney may have access to the tages, if approved.by the <br />Law Director, Prosecutor's Office, or the Civil Service Commis- <br />sion. Employee may have a transcript of such recording at the <br />employee's expense. <br />Section 5. An employee will be informed.of the nature of <br />any investigation of himself prior to any questioning. If the <br />employee being questioned is, at that time, a witness and not <br />under investigation, he shall be so advised. <br />-3-