SUMMARY OF THE PARTIES’ POSITIONS Sample Clauses

SUMMARY OF THE PARTIES’ POSITIONS. The Union submits that employees are entitled under the Collective Agreement to a minimum of four hours pay at overtime rates when they work at times, or on dates, different from their shift schedule established at the time of a shift bid posting. This entitlement arises, says the Union, whether the employees are full-time or part-time, and regardless of the amount of notice given regarding the shift change. The Union’s position is based almost entirely on what it says is the clear language of the Collective Agreement, beginning with Article 19.01 which reads:

SUMMARY OF THE PARTIES’ POSITIONS. 34. The Preliminary Issue has been extensively pleaded by the Parties. The Respondent submitted a Brief on the Preliminary Issue, dated October 29, 2009, to which the Claimant responded with its Brief on the Preliminary Issue, dated December 3, 2009. The Respondent submitted a Reply Brief on the Preliminary Issue, dated December 22, 2009, to which the Claimant responded with a Rejoinder Brief on the Preliminary Issue dated January 18, 2010. Attached to these written pleadings were a significant number of exhibits, including a number of experts’ reports in the form of legal opinions and statements. What follows is a summary of the positions of the Parties, without prejudice to the Parties’ full arguments as submitted in their written pleadings, including supporting documents and experts’ reports, that the Tribunal has taken into consideration in making its determinations.