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26 Section 4. The Parties agree that the two (2) level Performance Management Program, as established by MCO 12430.2, shall be utilized. The Employer shall use form NAVMC 11408 to assess BUE performance under this Article. Any changes to the Performance Management Program affecting bargaining unit BUEs shall be negotiated with the Union in accordance with Article 7 of this Agreement. Section 5. The BUE's signature, after the review of his/her performance evaluation, indicates that he/she has reviewed the completed appraisal record and that it has been discussed with him/her. The BUE's signature shall not be taken to mean that he/she agrees with all the information or that he/she forfeits any rights of review or appeal. During any discussions regarding performance, the BUE shall be advised, in advance , of the right to make comments. The BUE shall receive copies of any documentation and records made of these discussions. Any written BUE comments shall be appended to any documentation of a performance review. Section 6. At any time during the performa nce appraisal cycle that a BUE's performance is determined to be unacceptable in one (1) or more critical elements, the BUE's FWS shall notify the BUE, in writing, of the critical element(s) for which performance is unacceptable and inform the BUE of the p erformance requirement(s) or standard(s) that must be attained in order to demonstrate acceptable performance in his/her position. The FWS should also inform the BUE that unless his/her performance in the critical element(s) improves to and is sustained a t an acceptable level, the BUE may be reduced in grade or removed. When the BUE's performance is unacceptable the Employer shall afford the BUE a reasonable opportunity, in no case less than ninety (90) days, to demonstrate acceptable performance, commens urate with the duties and responsibilities of the BUE's position. As part of the BUE's opportunity to demonstrate acceptable performance, the FWS shall write a plan which identifies what the BUE must do to improve his/her performance and what the Employer will do to assist the BUE. The Employer shall offer assistance, which may include but is not limited to, formal training, on - the - job training, counseling, and closer supervisor, to bring about improvement in the BUE's performance. Every thirty (30) days during the period for improving performance, the FWS shall provide the BUE with a written review identifying the BUE's progress and identifying any areas still needing improvement. Additionally, the FWS shall include specific recommendations of methods a nd means of improving that the BUE may use to attain an acceptable level of performance. Section 7. The use of authorized official time and approved absences for labor relations and other activities shall not be a factor in BUE performance appraisals. Section 8. Appraisals made pursuant to this Article shall not be required to conform to any pre - established distributions of expected levels of performance that interfere with appraisal of actual performance against standards.

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