Disputed Facts Clause Samples
Disputed Facts. 158. The Parties differ on the following points: whether there was a sufficient basis to refer the project to a JRP; whether the Investors were led to believe that the EA would take the form of a comprehensive study and not a JRP; whether the scope of the EA was unnecessarily broad.
Disputed Facts. The Parties disagree on the following issues: when the Investors were notified of the referral of the Whites Point project to a JRP; whether the appointment of the JRP members was fair; whether the Scoping Meetings, the EIS Guidelines and the JRP’s considerations conformed to statutory requirements and the TOR; whether the Investors were unresponsive and acted unprofessionally in responding to requests for information, drawing out the EA; whether the hearing held before the JRP was conducted fairly and impartially; whether the JRP unlawfully recommended rejection of the project under the CEAA; and whether the local community support for the Whites Point project was indeed extensive.
Disputed Facts. The Parties differ on the following points: whether the decision of Nova Scotia and the involved federal departments to adopt the JRP’s recommendations endorsed the JRP’s recommendations and reasoning without reflection and consideration; and whether Nova Scotia’s decision was independent of the federal Government’s decision.
Disputed Facts. The Employer contends that the Union did not protest the Employee's seniority and juniority dates within the 60-day time limit specified in Article X of the collective bargaining agreement and that, therefore, the matter is not properly before the Board. According to the Employer, under Article X Section E.1.a, if an employee's seniority listing is not protested within 60 days, seniority and juniority dates become frozen and may be adjusted subsequently only by mutual agreement. Where the evidence suggests that such an adjustment is proper, the parties usually agree on a proposed change. According to the Employer, the Employee's seniority and juniority dates were not protested within 60 days. There has been no mutual agreement to change the date because the Employer believes that such an adjustment would not be proper or in accordance with the contract. Therefore the matter is not properly before the Board as to the remedy sought, the Employer contends.
Disputed Facts. All facts from the parties’ pleadings that are not stipulated above are disputed.