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A labor agreement with a management rights clause says nothing about promotion criteria. What follows?
APromotions must be decided strictly by length of service
BPromotions must be referred to an arbitrator each time
CManagers may use any promotion criteria they wish
DPromotions are frozen until the contract is reopened
Answer & Solution
Correct answer: C. Managers may use any promotion criteria they wish
1. A management rights clause hands the employer every right to manage except those the contract takes away.
2. So the question to ask is what the contract actually says about promotions.
3. Here the contract is silent on promotion criteria.
4. Silence means nothing has been carved out of management authority on that subject.
5. Managers therefore keep the right to use any promotion criteria they wish.
6. Option A would require a seniority clause that the contract does not contain, and options B and D invent restrictions that only an express clause could create.
_Source: OpenStax Introduction to Business (CC BY 4.0), Ch 8 "Managing Human Resources and Labor Relations", section Management Rights_
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