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23 Section 2. The employee and his or her Union representative shall be permitted to review relevant recordings available within the facility before submitting a final statement concerning an operational error/deviation. This review will be accomplished on duty time if they are otherwise in a duty status. Section 3. The determination that an employee has been identified as the primary cause of the operational error ("Controller A") shall be made after consideration of the factors listed in applicable directives. In the event an operational error/deviation resulted from action taken by a pilot solely in response to a TCAS event, the controller will be considered to have been uninvolved and otherwise held harmless for the error/ deviation. Section 4. The employee and the facility Union representative shall be given an entire copy of the Facility Manager's report prior to it's submission to an appropriate authority. If the employee or his or her Union representative do not feel the findings of the report are correct, they may submit their comments, in writing, to the Facility Manager. The Facility Manager shall attach any such comments to the facility final report. ARTICLE 21 INJURY COMPENSATION Section 1. The Employer agrees to comply with applicable workers' compensation laws and regulations when an employee suffers an industrial illness or injury in the performance of assigned duties. The Employer shall advise the employee of the right to file a claim for benefits. The Employer shall make workers' compensation claim forms available at all facilities. ARTICLE 22 EMPLOYEE RECERTIFICATION Section 1. An employee who is operationally decertified and assigned to a training and/or recertification program in accordance with applicable FAA orders, including, but not limited to, FAA Orders 7210.3, 7210.56 and 3120.4 will be given written notice within seven days of the specific reasons for the action. Section 2. The employee and Union representative shall have an opportunity to review the information used in making the determination to place the employee in a training and/or recertification program, and to discuss the reasons for making the determination. Upon request, the employee shall have a copy of same. This review will be accomplished on duty time if they are otherwise in a duty status. Section 3. When an employee is to be given remedial training, it shall be in accordance with Article 19 of this Agreement. If remedial training is the result of decertification, the employee will be notified in writing of the skill level required for recertification on each position of operation, as appropriate.

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