Common use of EMPLOYEE RIGHTS AND PROTECTION Clause in Contracts

EMPLOYEE RIGHTS AND PROTECTION. A. Pursuant to the Public Employment Relations Act, the employer hereby agrees every employee shall have the right freely to organize, join and support the union for the purpose of engaging in collective bargaining or negotiations. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the employer undertakes and agrees it will not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by the act or other laws of Michigan or the constitutions of Michigan and the United States of America; that it will not discriminate against any employee with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the union, his/her participation in any activities of the union, of collective negotiations with the employer, his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. Nothing contained within this Agreement shall be construed to deny or restrict to any employee, rights he/she may have under the Michigan General School Laws or the applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided in writing elsewhere. C. The employer agrees in no way to discriminate against or between employees covered by this Agreement because of their race, creed, religion, color, national origin or ethnicity, age, gender, marital status, physical characteristics or place of residence. D. No employee shall be disciplined including warnings, reprimands, suspensions, reductions in rank or occupational advantage, discharges or other actions of a disciplinary nature without just cause. However, during the probationary period, the language of Article 3, Section A is controlling in any discharge case. E. A bargaining unit member shall be notified, in advance, of the purpose of a meeting where disciplinary action is contemplated and shall be entitled to have an ESPA representative present. Should disciplinary action likely occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right to representation. When a request for such representation is made no action shall be taken with respect to the employee until such ESPA representative is present or for twenty-four (24) hours after the union has been notified-- whichever is earlier. F. No material adverse to the employee, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in an employee's personnel file unless the employee has had an opportunity to review the material. When a disciplinary record is to be placed in an employee's file the affected employee shall review and sign said material. Such signature shall be understood to indicate awareness of the record but in no instance shall said signature be interpreted to mean agreement with the content of the material. Other examination of any employee's files shall be limited to qualified supervisory personnel. Each file shall contain a record indicating who has reviewed it, the date reviewed and the reason for such review.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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EMPLOYEE RIGHTS AND PROTECTION. A. Pursuant to the Michigan Public Employment Relations Act, as amended, the employer Employer hereby agrees that every employee bargaining unit member shall have the right to freely to organize, join join, and support the union Association/Union and to engage in lawful concerted activities for the purpose purposes of engaging in collective bargaining or negotiationsnegotiations and other concerted activities for mutual aid and protection. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the employer Employer undertakes and agrees that it will not directly directly, or indirectly indirectly, discourage or deprive or coerce any employee bargaining unit member in the enjoyment of any rights conferred by the act PERA or other laws of Michigan Michigan, or the constitutions United States of America, or the Constitutions of Michigan and the United States of America; that it will not discriminate against any employee bargaining unit member with respect to hours, wages wages, or any terms or conditions of employment by reason of his/her membership in the union, his/her participation in any activities of the union, of collective negotiations with the employer, Union; his/her institution of any grievance, complaint complaint, or proceeding under this Agreement Agreement, or otherwise with respect to any terms or conditions of employment. No bargaining unit member shall be prevented from wearing insignia, pins, or other identification of membership in the Union at any time by the Employer. B. Nothing contained within this Agreement shall be construed to deny or restrict to any employee, bargaining unit member rights he/she may have under the Michigan General School Laws or the other applicable State or Federal laws and or regulations. The rights granted to employees bargaining unit members hereunder shall be deemed to be in addition to those provided in writing elsewhere. C. The employer bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such bargaining unit member. The private and personal life of any bargaining unit member is not within the appropriate concern or attention of the Employer unless it affects the job performance of the employee. D. The Employer agrees that it will in no way to discriminate against or between employees bargaining unit members covered by this Agreement because of their race, creed, religion, color, national origin or ethnicityancestry, age, gendersex, marital status, physical characteristics or place of residencehandicap. D. E. No employee shall be disciplined (including warnings, reprimands, suspensions, reductions reduction in rank or occupational advantagerank, discharges discharged, or other actions of a disciplinary nature nature) without just cause. HoweverDiscipline of personnel under the provisions of this Agreement will be conducted in accordance with the basic concepts of due process. Any such discipline shall be progressive in nature except in cases such as theft, during possession of illegal substances, serious misconduct, and reckless disregard of self or others while on duty. A copy of the probationary period, written disciplinary action given the language of Article 3, Section A is controlling in any discharge caseemployee will be given the Association. Ay complaint made against an employee shall be promptly called to his/her attention and a corrective procedure given to the employee. All disciplinary action shall be subject to the grievance procedure. E. F. A bargaining unit member shall be notified, in advance, of the purpose of a meeting where disciplinary action is contemplated and shall be entitled to have an ESPA present a representative present. Should of the Union upon request during any meeting which will or may lead to disciplinary action likely occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right to representationEmployer. When a request for such representation is made made, no action shall be taken with respect to the employee bargaining unit member until such ESPA representative of the Union is present or for twenty-four (24) hours after present. Should disciplinary action be likely to occur at a given meeting, the union has been notified-- whichever is earlierbargaining unit member shall be advised immediately to said possibility and be advised by the Employer of the right to representation under this provision of the Agreement. F. G. A bargaining unit member will have the right to review the contents of all records of the Employer pertaining to said bargaining unit member originating after initial employment and to have a representative of the Union accompany him/her in such review. Other examination of a bargaining unit member’s file shall be limited to qualified supervisory personnel and FOIA requests. H. No material adverse to the employeematerial, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in an employee's a bargaining unit member’s personnel file unless the employee bargaining unit member has had an opportunity to review the material. Complaints against the bargaining unit member shall be put in writing with names of the complainants, administrative action taken, and remedy clearly stated. The bargaining unit member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. When a disciplinary record material is to be placed in an employee's file a bargaining unit member’s file, the affected employee bargaining unit member shall review and sign said material. Such , such signature shall be understood to indicate awareness of the record material but in no instance shall said signature be interpreted to mean agreement with the content of the material. Other examination of any employee's files shall be limited to qualified supervisory personnel. Each file shall contain a record indicating who has reviewed it, the date reviewed and the reason for such review.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

EMPLOYEE RIGHTS AND PROTECTION. A. 3.1 Pursuant to the Public Michigan Employment Relations Act, the employer Employer hereby agrees that every employee shall have the right freely to organize, join join, and support the union Union for the purpose of engaging in collective bargaining or negotiations. As a duly duly-elected body, exercising governmental power under color of law of the State of Michigan, the employer Employer undertakes and agrees that it will not directly directly, or indirectly indirectly, discourage or deprive or coerce any employee in the enjoyment of any rights conferred by the act Act or other laws of Michigan Michigan, or the constitutions Constitution of Michigan and the United States of America; that it will not discriminate against any employee with respect to hours, wages wages, or any terms or conditions of employment by reason of his/her membership in the union, Union; his/her participation in any activities of the union, of Union or collective negotiations with the employerEmployer, his/her institution of any grievance, complaint complaint, or proceeding under this Agreement Agreement, or otherwise with respect to any terms or conditions of employment. B. 3.2 Nothing contained within this Agreement shall be construed to deny or restrict to any employee, employee rights he/she may have under the Michigan General School Laws or the applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided in writing elsewhere. C. 3.3 The employer Employees shall be entitled to full rights of citizenship and no religious or political activities of any employee or the lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such employee. The private and personal life of any employee is not within the appropriate concern or attention of the Employer, unless the employee's actions as shown by competent evidence are detrimental to the performance of his/her responsibilities with students, the administration, fellow employees, or the Sanilac Intermediate School District Board of Education. 3.4 The Employer agrees that it will in no way to discriminate against or between employees covered by this Agreement because of their race, creedcolor, religion, colornational orgin, national origin or ethnicitygender, age, genderheight, marital statusweight, physical characteristics maritial status or place of residencedisability. D. 3.5 No employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rank or occupational advantagedischarges, discharges or other actions of a disciplinary nature nature) without just cause. HoweverAny such discipline shall be subject to the grievance procedure hereinafter set forth including arbitration. Normally, during the probationary period, the language of Article 3, Section A is controlling in disciplinary matters will be handled by issuing specific verbal and then written warnings prior to any discharge casemore serious action. E. A bargaining unit member shall be notified, in advance, of the purpose of a meeting where disciplinary action is contemplated and 3.6 An employee shall be entitled to have an ESPA present a representative present. Should disciplinary action likely occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right Union during any meeting which leads or may lead to representationdisciplinary action. When a request for such representation is made made, no action shall be taken with respect to the employee until such ESPA representative of the Union is present or for twenty-four (24) present 3.7 An employee shall have the right to review the contents of his/her official personnel file excluding initial references and to have a representative of the Union accompany him/her in such review. Such review will be on the Employer's property during normal working hours. Written statement submitted by employees will be placed in their personnel files and become part of the same, provided such written statements pertain to the Employer's notations inserted in such file. The official personnel file shall be held at the Office of the Superintendent, 000 Xxxx Xxxxxx Xxxx, Xxxx, MI 48466. Accommodations will be made which enable employees working during normal office hours after the union has been notified-- whichever is earlierto review their personnel file. F. 3.8 No material adverse to the employeematerial, including but not limited to, to student, parental parental, or school personnel complaints originating after initial employment employment, will be placed in an employee's personnel file unless the employee has had an opportunity to review the material. The employee may submit a written notation regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. When a disciplinary record material is to be placed in an employee's file file, the affected employee shall review and sign said material. Such , such signature shall be understood to indicate awareness of the record material but in no instance shall said signature be interpreted to mean agreement with the content of the material. Other examination . 3.9 Any cases of any employee's files assault upon an employee during school hours or at duly recognized school activities shall be limited promptly reported to qualified supervisory personnelthe Employer. Each file The Employer shall contain a record indicating who has reviewed it, promptly render all reasonable assistance to the date reviewed employee in connection with the handling of the incident. This assistance will be provided as long as the employee was following the policies of the Sanilac ISD as provided to each employee. 3.10 This agreement shall supersede any rules or past practices. No past practice shall be recognized unless committed to writing and the reason for such reviewincorporated into this agreement.

Appears in 1 contract

Samples: Master Agreement

EMPLOYEE RIGHTS AND PROTECTION. A. Pursuant to the Michigan Public Employment Relations Act, as amended, the employer Employer hereby agrees that every employee bargaining unit member shall have the right to freely to organize, join join, and support the union Association/Union and to engage in lawful concerted activities for the purpose purposes of engaging in collective bargaining or negotiationsnegotiations and other concerted activities for mutual aid and protection. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the employer Employer undertakes and agrees that it will not directly directly, or indirectly indirectly, discourage or deprive or coerce any employee bargaining unit member in the enjoyment of any rights conferred by the act XXXX or other laws of Michigan Michigan, or the constitutions United States of America, or the Constitutions of Michigan and the United States of America; that it will not discriminate against any employee bargaining unit member with respect to hours, wages wages, or any terms or conditions of employment by reason of his/her membership in the union, his/her participation in any activities of the union, of collective negotiations with the employer, Union; his/her institution of any grievance, complaint complaint, or proceeding under this Agreement Agreement, or otherwise with respect to any terms or conditions of employment. No bargaining unit member shall be prevented from wearing insignia, pins, or other identification of membership in the Union at any time by the Employer. B. Nothing contained within this Agreement shall be construed to deny or restrict to any employee, bargaining unit member rights he/she may have under the Michigan General School Laws or the other applicable State or Federal laws and or regulations. The rights granted to employees bargaining unit members hereunder shall be deemed to be in addition to those provided in writing elsewhere. C. The employer bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such bargaining unit member. The private and personal life of any bargaining unit member is not within the appropriate concern or attention of the Employer unless it affects the job performance of the employee. D. The Employer agrees that it will in no way to discriminate against or between employees bargaining unit members covered by this Agreement because of their race, creed, religion, color, national origin or ethnicityancestry, age, gendersex, marital status, physical characteristics or place of residencehandicap. D. E. No employee shall be disciplined (including warnings, reprimands, suspensions, reductions reduction in rank or occupational advantagerank, discharges discharged, or other actions of a disciplinary nature nature) without just cause. HoweverDiscipline of personnel under the provisions of this Agreement will be conducted in accordance with the basic concepts of due process. Any such discipline shall be progressive in nature except in cases such as theft, during possession of illegal substances, serious misconduct, and reckless disregard of self or others while on duty. A copy of the probationary period, written disciplinary action given the language of Article 3, Section A is controlling in any discharge caseemployee will be given the Association. Any complaint made against an employee shall be promptly called to his/her attention and a corrective procedure given to the employee. All disciplinary action shall be subject to the grievance procedure. E. F. A bargaining unit member shall be notified, in advance, of the purpose of a meeting where disciplinary action is contemplated and shall be entitled to have an ESPA present a representative present. Should of the Union upon request during any meeting which will or may lead to disciplinary action likely occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right to representationEmployer. When a request for such representation is made made, no action shall be taken with respect to the employee bargaining unit member until such ESPA representative of the Union is present or for twenty-four (24) hours after present. Should disciplinary action be likely to occur at a given meeting, the union has been notified-- whichever is earlierbargaining unit member shall be advised immediately to said possibility and be advised by the Employer of the right to representation under this provision of the Agreement. F. X. A bargaining unit member will have the right to review the contents of all records of the Employer pertaining to said bargaining unit member originating after initial employment and to have a representative of the Union accompany him/her in such review. Other examination of a bargaining unit member’s file shall be limited to qualified supervisory personnel and FOIA requests. H. No material adverse to the employeematerial, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in an employee's a bargaining unit member’s personnel file unless the employee bargaining unit member has had an opportunity to review the material. Complaints against the bargaining unit member shall be put in writing with names of the complainants, administrative action taken, and remedy clearly stated. The bargaining unit member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. When a disciplinary record material is to be placed in an employee's file a bargaining unit member’s file, the affected employee bargaining unit member shall review and sign said material. Such , such signature shall be understood to indicate awareness of the record material but in no instance shall said signature be interpreted to mean agreement with the content of the material. Other examination of any employee's files shall be limited to qualified supervisory personnel. Each file shall contain a record indicating who has reviewed it, the date reviewed and the reason for such review.

Appears in 1 contract

Samples: Master Agreement

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EMPLOYEE RIGHTS AND PROTECTION. A. Pursuant to the Public Michigan Employment Relations Act, the employer hereby agrees every employee shall have the right freely to organize, join and support the union for the purpose of engaging in collective bargaining or negotiations. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the employer undertakes and agrees it will not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by the act or other laws of Michigan or the constitutions of Michigan and the United States of America; that it will not discriminate against any employee with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the union, his/her participation in any activities of the union, of collective negotiations with the employer, his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. Nothing contained within this Agreement shall be construed to deny or restrict to any employee, rights he/she may have under the Michigan General School Laws or the applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided in writing elsewhere. C. The employer agrees in no way to discriminate against or between employees covered by this Agreement because of their race, creed, religion, . color, national origin or ethnicityancestry, age, gendersex, marital status, physical characteristics or place of residence. D. No employee shall be disciplined including warnings, reprimands, suspensions, reductions in rank or occupational advantage, discharges or other actions of a disciplinary nature without just cause. However, during the probationary period, the language of Article 3III, Section A is controlling in any discharge case. E. A bargaining unit member shall be notified, in advance, of the purpose of a meeting where disciplinary action is contemplated and An employee shall be entitled to have an ESPA present a representative presentof the union during any meeting which leads or may lead to disciplinary action. When a request for such representation is made no action shall be taken with respect to the employee until such representative of the union is present or for twenty- four (24) hours after the union has been notified--whichever is earlier. Should disciplinary action likely occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right to representationrepresentation under this provision of the Agreement. When a request for such representation is made no action shall be taken with respect to the employee until such ESPA representative is present or for twenty-four ARTICLE XII (24) hours after the union has been notified-- whichever is earlier.continued)‌ F. No material adverse to the employeematerial, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in an employee's personnel file unless the employee has had an opportunity to review the material. Complaints against the employee shall be put in writing with names of the complainants, administrative action taken and remedy clearly stated. The employee may submit a written notation regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. When a disciplinary record material is to be placed in an employee's file the affected employee shall review and sign said material. Such signature shall be understood to indicate awareness of the record material but in no instance shall said signature be interpreted to mean agreement with the content of the material. All recommendations - written or oral - shall be based solely on the contents of the employee's personnel file. Other examination of any employee's files shall be limited to qualified supervisory personnel. Each file shall contain a record indicating who has reviewed it, the date reviewed and the reason for such review. G. Before a bargaining unit member is rated unsatisfactory in his/her performance the administrator or supervisor shall meet with the individual at least one (1) month prior to such a rating being submitted in order to put the bargaining unit member on notice that his/her job performance is not satisfactory and to discuss means of improvement. Written summaries of such conference shall be prepared by both the bargaining unit member and the administrator. Copies of the summaries shall be exchanged and placed in the member's personnel file. H. If the efforts of the bargaining unit member and the administrator fail to raise the individual's job performance to a satisfactory level an Unsatisfactory Rating Form shall be filed with the superintendent's office. I. An unsatisfactory bargaining unit member shall have the opportunity to be transferred to a comparable assignment if mutually agreeable to employee Involved and in cases involving secretaries, assistants, custodians or maintenance personnel, the immediate supervisor's approval is needed and, given an opportunity for three (3) months to bring his/her job performance up to a satisfactory condition provided this is the first such rating. If his/her services are rated unsatisfactory at the end of the three (3) month period the bargaining unit member shall be retained in the current assignment. If a bargaining unit member's services are rated unsatisfactory, a tlearing shall be scheduled by the superintendent's office. J. A bargaining unit member shall be notified, in advance, in writing, of the purpose of a meeting where an unsatisfactory rating and/or disciplinary action Is contemplated and shall be entitled to have an ESPA representative present.

Appears in 1 contract

Samples: Master Agreement

EMPLOYEE RIGHTS AND PROTECTION. A. Pursuant to the Michigan Public Employment Relations Act, as amended, the employer Employer hereby agrees that every employee bargaining unit member shall have the right to freely to organize, join join, and support the union Association/Union and to engage in lawful concerted activities for the purpose purposes of engaging in collective bargaining or negotiationsnegotiations and other concerted activities for mutual aid and protection. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the employer Employer undertakes and agrees that it will not directly directly, or indirectly indirectly, discourage or deprive or coerce any employee bargaining unit member in the enjoyment of any rights conferred by the act PERA or other laws of Michigan Michigan, or the constitutions United States of America, or the Constitutions of Michigan and the United States of America; that it will not discriminate against any employee bargaining unit member with respect to hours, wages wages, or any terms or conditions of employment by reason of his/her membership in the union, his/her participation in any activities of the union, of collective negotiations with the employer, Union; his/her institution of any grievance, complaint complaint, or proceeding under this Agreement Agreement, or otherwise with respect to any terms or conditions of employment. No bargaining unit member shall be prevented from wearing insignia, pins, or other identification of membership in the Union at any time by the Employer. B. Nothing contained within this Agreement shall be construed to deny or restrict to any employee, bargaining unit member rights he/she may have under the Michigan General School Laws or the other applicable State or Federal laws and or regulations. The rights granted to employees bargaining unit members hereunder shall be deemed to be in addition to those provided in writing elsewhere. C. The employer bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such bargaining unit member. The private and personal life of any bargaining unit member is not within the appropriate concern or attention of the Employer unless it affects the job performance of the employee. D. The Employer agrees that it will in no way to discriminate against or between employees bargaining unit members covered by this Agreement because of their race, creed, religion, color, national origin or ethnicityancestry, age, gendersex, marital status, physical characteristics or place of residencehandicap. D. E. No employee shall be disciplined (including warnings, reprimands, suspensions, reductions reduction in rank or occupational advantagerank, discharges discharged, or other actions of a disciplinary nature nature) without just cause. HoweverDiscipline of personnel under the provisions of this Agreement will be conducted in accordance with the basic concepts of due process. Any such discipline shall be progressive in nature except in cases such as theft, during possession of illegal substances, serious misconduct, and reckless disregard of self or others while on duty. A copy of the probationary period, written disciplinary action given the language of Article 3, Section A is controlling in any discharge caseemployee will be given the Association. Any complaint made against an employee shall be promptly called to his/her attention and a corrective procedure given to the employee. All disciplinary action shall be subject to the grievance procedure. E. F. A bargaining unit member shall be notified, in advance, of the purpose of a meeting where disciplinary action is contemplated and shall be entitled to have an ESPA present a representative present. Should of the Union upon request during any meeting which will or may lead to disciplinary action likely occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right to representationEmployer. When a request for such representation is made made, no action shall be taken with respect to the employee bargaining unit member until such ESPA representative of the Union is present or for twenty-four (24) hours after present. Should disciplinary action be likely to occur at a given meeting, the union has been notified-- whichever is earlierbargaining unit member shall be advised immediately to said possibility and be advised by the Employer of the right to representation under this provision of the Agreement. F. G. A bargaining unit member will have the right to review the contents of all records of the Employer pertaining to said bargaining unit member originating after initial employment and to have a representative of the Union accompany him/her in such review. Other examination of a bargaining unit member’s file shall be limited to qualified supervisory personnel and FOIA requests. H. No material adverse to the employeematerial, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in an employee's a bargaining unit member’s personnel file unless the employee bargaining unit member has had an opportunity to review the material. Complaints against the bargaining unit member shall be put in writing with names of the complainants, administrative action taken, and remedy clearly stated. The bargaining unit member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. When a disciplinary record material is to be placed in an employee's file a bargaining unit member’s file, the affected employee bargaining unit member shall review and sign said material. Such , such signature shall be understood to indicate awareness of the record material but in no instance shall said signature be interpreted to mean agreement with the content of the material. Other examination of any employee's files shall be limited to qualified supervisory personnel. Each file shall contain a record indicating who has reviewed it, the date reviewed and the reason for such review.

Appears in 1 contract

Samples: Master Agreement

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