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37 Section 6. When a BUE is summoned as a witness in a judicial proceeding to testify in an official capacity on behalf of any Party where the United States, the Dis trict of Columbia, or any State, or Local government is a Party, in the District of Columbia, a State, Territory, or a Possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, he/she is entitled to court leave during the time he/she is absent as a witness. Section 7. When a BUE is summoned or assigned by the Employer to testify in an official capacity on behalf of the United States government or the government of the District of Columbia, he/she is in an official duty status as distinguished from a leave status, and is entitled his/her regular pay. An Employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear on behalf of a pr ivate Party when a Party is the United States, the District of Columbia, or State or Local government, shall be granted court leave for his/her absence as a witness. Section 8. Generally, fees received for jury or witness service on a non - workday, a holi day, or while in a leave without pay status or any mileage and subsistence allowance in conjunction with the performance of jury or witness service may be retained in accordance with law, rule, or regulation. ARTICLE 23 EXCUSED ABSENCE Section 1. For the purpose of this Agreement, excused absence is defined as a BUEs absence from duty and duty station without loss of, change to, or reduction of the BUE's leave, pay or benefits. Section 2. Unless operational conditions do not allow, BUEs will be excus ed for the purpose of blood or platelet donation without charge to leave or loss of pay, normally granted up to four (4) hours. In unusual cases involving traveling an abnormal distance or where medically certified additional recuperation time is required , additional time not to exceed one (1) day may be granted. If proof of attendance is required, BUEs will be notified in advance. Section 3. FWS's may exercise discretion to grant excused absence for BUEs for brief tardiness of up to fifty - nine (59) min utes. Section 4. In order to allow BUEs the opportunity to vote, requests for excused absence for voting purposes will be granted subject to operational requirements. Section 5. In the event of a bomb threat, or when the Employer determines that a simi lar hazardous condition exists at the facility, BUEs will immediately be released from the operational area where the hazard is determined, however will remain within the identified designated staging area or may be placed on administrative leave. Volunte ers to remain on duty will be utilized to the extent possible.

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