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55 negotiated with the Union, prior to the implementation, in accordance with Article 7 of this Agreement. Section 5. Unless operational conditions do not allow, the Employer will not implement any change(s) without at least eight (8) day notification of implementation to the controller workforce through a Facility Directive or M emorandum. The Employer agrees to provide appropriate training and guidance prior to implementation. Section 6. The Employer agrees that any ATC systems error(s) or deviation(s) resulting from a change to procedures and/or equipment changes, will not be charged against a BUE if it is determined that the primary causal factor of the system error(s) and/or deviation(s) were the result of the change. Section 7. Nothing in this Article shall be construed as a waiver of any Union or Employer right to includ e the Employer's rights as contained within Article 7 of this Agreement. ARTICLE 43 STUDIES OF EMPLOYEES Section 1. The Employer will notify the Union in accordance with Article 7 of this Agreement of any proposed medical and/or psychological study pa rticipation for Bargaining Unit Employees. This includes any study that involves the time and motion measurement of BUEs or their job performance. Section 2. The Union will be provided a document stipulating the conditions under which the study will be conducted and a statement of intent and practice by which data will be held in confidence. ARTICLE 44 SURVEYS AND QUESTIONNAIRES Section 1. The Employer recognizes it is in its interest to have maximum support for all surveys of all Bargaining Unit Em ployees. Section 2. The Employer shall provide the Union with an advance copy of all questionnaires/ surveys intended for Bargaining Unit Employees. Section 3. Any questionnaire/survey conducted of Bargaining Unit Employees shall be done on duty time. Section 4. The Employer shall provide appropriate procedure for the Bargaining Unit Employee to return the questionnaire/surveys.

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