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61 ARTICLE 51 SYSTEM ERROR(S), SYSTEM DEVIATION(S), AND/OR INCIDENTS Section 1. If the Employer determines that a syste m error (SE), system deviation (SD), and/or incident may have occurred, any BUE involved shall be relieved from position as soon as operationally possible. Section 2. At any time the Employer moves beyond the determination and/or investigatory phase as defined within Section 4a. and 4b. of this Article, the BUE shall be afforded the presence of a union representative, if requested by the BUE. Section 3. If the Employer initiates a SE/SD investigation and/or determines that an incident did occur, the U nion will be notified as soon as practical. Section 4. Evaluation statements. a. Initial Evaluation – BUEs shall verbally provide the preliminary information to determine the BUE's perspective on the events that took place which is requested by th e employer to make an initial determination as to whether an investigation is warranted. This phase is meant only to determine the need for an investigation and is not investigatory. b. Initial Written Statement – After a possible SE/SD, BUEs are r equired to provide a written statement as soon as possible after the Employer's request (normally within two (2) hours). BUEs shall provide this statement on Form OPNAV 3752 - 1, Mishap Investigation Report. The Employer shall accept this Form in accordanc e with its terms. c. The BUE, at his/her election, may provide an interim statement to a Review Board, if convened. The BUE and their representative, upon request, shall be provided all data available at that time and recordings related to the eve nt with ability to review. d. Final Written Statement – BUEs and their representatives shall be permitted to review any data utilized in the related investigation by the Employer or, if convened, the Review Board, prior to making a final written sta tement. This includes, but is not limited to listening/reviewing all relevant recordings. A BUE may elect to use the interim written statement for this purpose. Section 5. If the ATCFO convenes a Review Board, this Review Board will be "fact finding" in nature only and will not have responsibility for recommending any actions. The Review Board will attempt to identify any and all factors (causal factors such as deficiencies in human, procedural, and/or equipment elements) which affected and/or contrib uted to the System Error and/or Deviation so as to reduce probability of future error. The Review Board will provide a final report to the ATCFO. Section 6. At the request of the Union, the Employer will meet and discuss the Review Board determination s as well as provide the Union with a copy of the Employer's final report concerning the SE/SD and/or incident, to include any Review Board report.

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