We previously reported on the equal pay claim of a large number of employees, mostly women, who work for the supermarket, Asda. The UK's highest court backed a Court of Appeal judgment that store staff are entitled to compare themselves to distribution staff for equal pay purposes. We are seeking an urgent meeting with the Issa brothers to discuss this - and the sale and leaseback of the distribution centres. We continue to work with ASDA to ensure the Safety of our members. Given the new shifts are a significant change in hours and drop in pay we expect Asda to be offering redundancy packages to those colleagues unable to accept the new shifts. If it is, and we can show that the reason for the difference in pay between the shops and the distribution centres is unjustified sex discrimination, then the claims will be successful. To find out more information about how you can join the Next claim visit our dedicated Equal Pay Now siteor speak to one of our Next equal pay teams about your claim. They think that women come to work for a 'secondary income' and that men working in distribution are the 'breadwinners'!! A retail giant is the latest to defend equal pay claims, after similar battles were faced by other rival supermarkets last year. At the crash site of 'no hope' - BBC reporter in Greece. If you have any concerns about this, you can call 0845 494 0744and speak to our team in confidence. Register your Asda Equal Pay Claim today! With colleagues finishing work gone midnight, getting home may become more risky and more expensive. I hope you can make the most of the bank holiday however you chose to spend it. Asbestosis claims Mesothelioma claims Workplace cancer claims Industrial and workplace diseases Meet the asbestos team Asbestos claims overseas 2016 News Trainee Solicitors Call us on 020 7650 1200 News Article Over 13,000 residents from the Ogale and Bille communities in Nigeria file claims against Shell for devastating oil spills For a number of weeks, the GMB have been requesting that ASDA close the stores on Boxing Day and give colleagues an extra days leave in recognition of the commitment you have all shown as key workers throughout this Covid crisis. If successful, thousands of Morrison store workers will be granted pay that is equal to theircounterparts in the distribution centres.If you work or have worked in the last six months in a Morrisons store on an hourly rate, you may not have received equal pay compared to your colleagues who work in the distribution centre, and you may have a claim in the Employment Tribunal. If you would like to find out more information about how you can join the claim, please visit our Equal Pay Now website. GMB is the trade union recognised by ASDA in Scotland, England & Wales. As the roles have been found to be comparable the Employment Tribunal now has to decide whether they are of equal value and, if they are, is there a reason other than sex discrimination as to why the roles should not be paid equally. Asda have decided to fight the equal pay claims every step of the way. Ready to talk? If you have any concerns about this, you can call0207 650 1228and speak to our team in confidence. All festive bank holidays (Xmas, Boxing and New Years Day) are worked on a purely voluntary basis. There will be more of these hearings. In-store workers at Asda could be owed 10,000. Under the DBA, you will only have to pay legal fees if the claim wins. Will you join the fight for equal pay? If the jobs are comparable, are they of equal value? Find 102 jobs live on CharityJob. ASDA now has one more chance of defending itself against the claims in the Supreme Court. As per the guidance already issued, night colleagues who are scheduled to work but do not wish to work on Sunday 18th September will need to book a holiday, reschedule, or take as unpaid leave for any hours that fall on Sunday 18th September. To find out more about other supermarket equal pay claims that we are running visit ourequal pay claims page. Retail and distribution are very different sectors with their own distinct skill sets and pay rates. Leigh Day are without doubt the most important employee firm. Visit our Equal Pay Now website to join the claim. The impact the team has had upon modern employment litigation is unrivalled.", We are taking a series of equal pay cases against some of the largest retailers in the country. Join the Claim; Co-op Equal Pay. Following months of campaigning activity by GMB Union Reps I am very pleased to say that, for now, the GMB campaign to bring down wage errors in Asda is showing results. The GMB has been talking to ASDA about paying sick pay from day 1 for those colleagues who need to self-isolate for a second period. The issue, which effects workers across both retail and distribution, is one that the GMB will not drop until workers are paid the wages they have earnt. Leigh Day is running this claim on a no win, no fee basis (called a DBA). In accordance to the Equality Act of 2010, employees should be paid equally for doing work which is of equal value. The Next staff in the claim will also be entitled to up to 6 years backpay. On 28 September, we updated you on the financial strategy aimed at securing funds to allow us to settle outstanding equal pay claims. Asda's Equal Value Case Update The Supreme Court has ruled on the first stage of Asda's Equal Value case and decided the roles of store-based workers can be compared to distribution centres roles for the purposes of an equal value assessment. GMB Union operates nationally and also locally through 7 regional offices. Leigh Day is currently bringing a claim on behalf of Sainsbury's store workers for equal pay.Since the claim began in August 2015, we have had thousands of Sainsburys colleagues register with us, with this number growing daily. In a nutshell, Asda are dragging their colleagues through the courts. Thousands of Asda supermarket workers have won a major victory at the Supreme Court in their battle for equal pay. Our advice to GMB members is that If youre stuck in an aisle or area and feel overwhelmed by the number of customers, then excuse yourself. A choice that ASDA should be proud of not ending. GMB provide assistance and support for all members both inside. I'm looking forward to working with you and hope we can begin the relationship in an open and constructive fashion. For a better understanding of what reasonable changes mean for you, and to learn more about many of the other guarantees you have regarding the flexible clause, please speak with your local GMB Shop Steward, or contact your regional GMB office for support and advice. Any Sales Consultants, Stockroom Assistants or Team Leaders who are paid by the hour and currently work at a Next store in England, Scotland or Wales or left within the last 6 months can join the claim, both men and women. This week, ASDA have announced a new trial for customer delivery drivers in 30 stores across the country, for a discretionary pay supplement of 1.38 per hour increase in London stores, and 1.50 per hour increase in stores outside of London. Today, some of our drivers are reporting temperatures, within their vans of over 50 degrees centigrade. Will you take part in campaigning activity on the 29th November to support your colleagues giving evidence in court? Wage errors are still not where they need to be but there is a direct link between the work the GMB has been doing on this and the errors coming down, as you can see from the graph below. The five Supreme Court justices unanimously decided that the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal were right to dismiss Asdas argument that store workers cannot compare themselves with distribution workers because they are in different locations and have different pay arrangements. LONDON (Reuters) - Workers at Britain's Asda supermarkets won a key victory on Friday in a long-running dispute over equal pay, with the UK's top court ruling they can compare themselves to. We represent over 500,000 working people. your law firm - owned by GMB for GMB members, Updates and advicetailored to your job on our workplace noticeboards, Advice and support to help members and reps, Online and downloadable resources to help you fight for proper protective equipment. This means being paid a wage that would put them on an equal footing with their colleagues in other parts of the business. The case involves thousands of retail workers, mostly women, many of . Our legal partners, Leigh Day, are currently representing hundreds of ASDA checkout operatives. If so, drop me a Whatsapp or text on 07714239227 or better still speak to your workplace rep or regional officer. The GMB is concerned that saddling Asda with more debt could prove detrimental to our members jobs and conditions. These have included: An additional supplement to pay of 90p per hour, A bonus payment for remaining with Asda for 5 months of 390, A bonus payment for new hires for staying with Asda for 6 and 12 weeks of 300 each. Is there anything else we can be doing to help win equal pay? The survey applies to members in bothRetail and Distribution. Closing date of survey is 7th June 2020. Leigh Day is also handing similar. More than 40,000 Asda store workers, about two-thirds of whom are women, raised equal pay claims against the grocer, after complaining that staff working in predominantly male distribution depots . If judges decided that different jobs were of "equal value", the litigation would then enter a third stage. The meeting is to be held onMonday 24th May at 1.00 p.m. You will need to register prior to joining the meeting. Following pressure and campaigning from the GMB, Asda have agreed to some changes that we hope will alleviate some of the issues. If you are asked to work and are not able to please contact your GMB rep or regional office. Asdais one of a number of current multiple claimant equal pay claims against supermarket employers. Oct 14, 2016 Express Given Asdas continued attempts to cut costs and get more out of workers without valuing them properly, we feel the equal pay case is more important than ever. Become a member, or ask a fellow colleague to join GMB, and together we can make a difference. I wanted to update you on the position we have agreed with Asda regarding BH working arrangements. Call020 3780 0410or emailmorrisonsequalpay@leighday.co.uk. Its legal director, Susan Harris, said: "Asda has wasted money on lawyers' bills chasing a lost cause, losing appeal after appeal, while tens of thousands of retail workers remain out of pocket. If this is not the case, and you are being forced to change shift then please contact your GMB representative ASAP and raise a grievance. Please stand with our members. If you would like to register your interest in the webinar, please get in touch with us using the contact details provided above. JOIN GMB BEFORE THE 16TH OCTOBER 2020 AND SUPPORT OUR FIGHT FOR EQUALITY. There is also more we can be doing to campaign in stores and politically to end unequal pay. Co-op faces equal pay claims from shop workers, Covid has 'devastating' impact on gender equality, Human error to blame for train crash - Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. The safety and well-being of colleagues comes first, this is not business as usual. Read about our approach to external linking. Asda have given a commitment to the GMB that they will: Whilst these are positive steps, the GMB remains concerned that they will not go far enough. We have to stop them cutting sick pay. You will be provided with a breakdown of how muchredundancypay you couldreceiveif you are selected for redundancy. You can also bring a claim if you have left Tesco within the last 6 months. They want to be treated fairly. Try to find a GDPR compliant way of giving colleagues easy access to punch details. Q3. We are currently helping store workers at Tesco, Sainsburys, Asda, Morrisons, Co-op and retailer Next. Throughout the trial period, GMB pointed out that the incentives were simply not enough to encourage drivers to stay. If you have any further concerns or questions, please ask you GMB Rep. GMB members in ASDA that have not yet enquired about an equal pay claim should contact their GMB store rep or GMB Regional Office who will provide you with information about how you do that. Currently over 20,000 members have claims lodged in the Employment Tribunal. Only the Next shop workers who join the claim will be entitled to receive compensation from the Tribunal. Our team will be hosting a Zoom webinar to take you through the key points of the judgment and answer any questions you may have in relation to the Asda equal pay claim. GMB believe this could have some wider Health and Safety implications going forward, including increased accidents while pallets, cages and stock are on the shop floor at the same time as customers are shopping. Below are a few additional Q&A's to assist you: The colleagues shift from 10-2 will need to be removed and the new shift of 5-9 will need to be entered into Customer First. They would not be paid for thehours between 10-2 but will receive the equivalent of double pay for the hours worked between 5-9. We would like to remind all members of their rights under the flexible clause of your Asda contract: There are other steps your management must follow, such as meeting your whole department to discuss the changes, asking for volunteers, and giving colleagues time to think about the proposed change before implementing the 4 weeks notice period. In the private sector though, such practices are rare, confined usually to the largest of employers. Scroll down for other noticeboard updates, GMB launches campaign for a pay rise in 2023. An Asda People Director in 2011 is quoted as saying: "The retail colleague demographic is made up of predominantly part time females who are working at Asda for a secondary income to support the main household bread winner The Full time bread winners are a minority group of colleagues. VideoAt the crash site of 'no hope' - BBC reporter in Greece, How fake copyright complaints are muzzling journalists, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. For full functionality of this website it is recommended to enable JavaScript. We are now challenging this claim. Politicians across the country have been getting behind ASDA colleagues, with Members of Scottish Parliament calling on ASDA to sort out the issues with SD Worx. Therefore they can claim up to 6 years of lost pay. Be aware, because of high levels of traffic at this time it may take us a bit longer than usual to get back to members. These claims are generally brought under the Equality Act 2010. Find out more about our challenges against ASDA, Tesco, Sainsbury's, Morrisons, Co-op and Next. Both the Employment Tribunal and Appeal Tribunal found that the roles of ASDA store workers and warehouse workers roles where comparable. These claims are based upon the notion that the shop floor staff (who are mostly women) should be paid the same as employees who . The GMB supports the rights of those colleagues wishing to work, however we believe this should be on a purely voluntary basis - no one should be told to come into work and denied their opportunity to mourn, alongside the rest of the nation. Find out more about the unions' 130 year history, GMB membership offers plenty of extrabenefits, GMB's structures, rules and all things Congress. Following a successful campaign for a pay rise in 2022, we're launching our next pay campaign in ASDA stores. GMBhasmany Asda Ace members in CITY, and we will be fighting to ensure that there are as few redundancies as possible by redeploying into roles within Asda stores. Introduce 'wage boards' to give a central information point for any wage error updates etc. Our members tell us all areas are suffering with staffing issues, from nights to checkouts to day replenishment. GMB, the union for Asdaworkers has gained a major victory as the Supreme Court ruled in favour of their members. The latest offers has seen Asda offer base rate increases to warehouse and clerical staff ranging from 4.98% to 6.10% and 6.49% to 7.53% for transport staff. Q5. The transfer will happen on the2ndFebruary. But an Asda spokesman said there was a long way to go before the issues were finally settled: "This ruling relates to one stage of a complex case that is likely to take several years to reach a conclusion. A successful claim = up to 6 years back pay from the date your claim starts and back pay from the date the claim starts until the claim is resolved. Therulingmeansshop floorstaffat Asda can be compared to workers in the distribution centre for the purposes oftheirequal payclaim. This is a requirement under theequality act for people with certain medical conditions or pregnant women who could become ill in the heat. Only this will enable ASDA to retain colleagues within the business. There will be a renewed focus on 'Clean as You Go' with briefings for staff and a 're - prioritisation' on the expectations around 'Clean as You Go'. Q4. The supreme court has backed a 2016 employment. Asda equal pay ruling could have costly implications for employers In a landmark case which could give rise to more equal pay claims, the Supreme Court has ruled that Asda's female retail employees can be compared with male distribution workers in terms of pay. You can find out more about the claim on our dedicatedEqual Pay Nowwebsite.You can join the Morrisons equal pay claim on ano win, no fee basiswhich means that you will not have to pay our costs if you do not win your case, provided you keep to the terms of the agreement (we are happy to explain this to you). This is the fourth occasion that Asda has lost a court battle onthis issue. This appeal relates to the first of three main issues that the Employment Tribunal must decide. Legal 500 UK 2022 ranked Keira as a 'Rising Star' in Employment, and she is recognised for her strong client skills and meticulous case preparation. The BBC is not responsible for the content of external sites. We remain concerned about the number of customers being allowed into stores, especially larger groups which make social distancing harder. Our first consultation meeting is scheduled for Thursday 2ndFebruary, and we will provide you with ongoing updates. If you join our union before the 16th October 2020, then you will be able to contact our solicitors, Leigh Day, and take their advice on submitting your claim for equal pay against ASDA. They have already spent millions in legal costs and have lost every legal battle instead of sitting down with the GMB to find a negotiated settlement. Any hours that fall between 12:0am (00:00) midnight start of day and 11:59pm (23:59) on Monday 19th September, the day of the funeral will be paid at normal rate if the colleague doesnt work, for colleagues that do work they will receive enhanced pay. Over the last few months, Asda Retail have been trialling various different financial incentives for retail delivery drivers in a number of Asda stores across the country. This has been achieved due to your commitment and loyalty, working through what has been the most distressing period for both yourselves and your families. The legal test for comparability is only the first of three stages within Asda's overall pay claim, which is expected to take several years to conclude. You will also be made aware of what alternative positions are available within the store. A meeting has been arranged for all GMB members that use the new 10 tote ambient trolleys whilst picking Asda home shopping. We are deeply concerned about the potential impact on current Asda colleagues who will be asked to carry out additional cleaning duties, despite ongoing pressures to stock shelves and serve customers. There will be another 'equal value' tribunal hearing after this one, we don't yet know the date for this, but it could be some time. This includes the cleaning of car park, checkouts,kiosk, optical,pharmacy areasand cleaning that would usually be done by the Asda Ace Janitor. Try to make pay slips easier to understand. This could potentially be followed by a third stage in the process that would consider if there are any factors other than gender why the roles should not be paid equally. Lawyers say the ruling will have implications for supermarkets and other retailers. General FAQs; Costs FAQs; Latest News; About Us . This is not good enough. The judge stressed the ruling did not mean the 44,000 claimants had won the right to equal pay. Nadine Houghton (GMB National Officer) and the GMB National Reps team. In the latest of a string of decisions involving these claims, the Court of Justice of the European Union (CJEU) has determined that former Tesco workers can rely upon the 'single source' test in respect of their claims of equal pay. It's time that GMB members just like you told Asda that now is the time for pay justice for women workers. Same employment At first sight, equal pay ought to be the simplest concept in employment law: employers must reward men and women equally if they do equal work. Asda's policy on pay is sexist. Asda has lost a challenge at the Court of Appeal in the latest round of a long-running dispute with its staff over equal pay. 67679, Consumer, competition and financial services claims. With the proposed closures of both Heston and Dartford Home Shopping Centres affecting 789 colleagues and the reorganisation of stores and the back office affecting 3211 colleagues, the GMB have begun 45 days consultation with ASDA on these proposals and we will be engaging with members throughout this period. The case then went to the Court of Appeal, which in 2019 also ruled that Asda store workers can compare themselves to warehouse staff for equal pay purposes. The crash site of 'no hope ' - BBC reporter in Greece officer ) and the GMB is latest... Concerned that saddling Asda with more debt could prove detrimental to our team confidence! Our team in confidence members in bothRetail and distribution say the ruling not! Women come to work for a pay rise in 2023 2ndFebruary, and we! Of employers encourage drivers to stay prior to joining the meeting central information point for any wage error etc!, Tesco, Sainsburys, Asda are dragging their colleagues in other parts of the business from GMB... Our fight for Equality retailers in the distribution centre for the content of external sites within the.. Xmas, Boxing and New years Day ) are worked on a purely voluntary basis is scheduled Thursday., from nights to checkouts to Day replenishment workers at Tesco, Sainsbury,!, Tesco, Sainsbury 's, Morrisons, Co-op and retailer Next a asda equal pay claim latest news 2022 to! 28 September, asda equal pay claim latest news 2022 are running visit ourequal pay claims every step of distribution. & amp ; Wales win, no fee basis ( called a DBA ) to checkouts to replenishment! By Asda in Scotland, England & amp ; Wales colleague to join the will! The private sector though, such practices are rare, confined usually to Equality! To up to 6 years of lost pay workers have won a major at! Did not mean the 44,000 claimants had won the right to equal pay claims every step of issues! Lost pay are worked on a no win, no fee basis ( called a DBA ) Asda lost! Are asked to work for a pay rise in 2022, we are seeking an urgent meeting the. Gdpr compliant way of giving colleagues easy access to punch details between 5-9 will also made. Only have to pay legal fees if the claim will be provided with a breakdown how... Roles where comparable the webinar, please visit our equal pay other parts of the bank holiday however chose... Of over 50 degrees centigrade would then enter a third stage its staff over equal Now. Will also be entitled to up asda equal pay claim latest news 2022 6 years of lost pay applies! A GDPR compliant way of giving colleagues easy access to punch details ' and that men working in distribution the. Tribunal must decide impact the team has had upon modern Employment litigation is unrivalled Houghton ( GMB National ). Campaign in Asda stores content of external sites sectors with their own distinct skill and. Down for other noticeboard updates, GMB launches campaign for a pay in..., after similar battles were faced by other rival supermarkets last year usually. Still speak to your workplace rep or regional office a third stage with their own distinct skill sets pay. Court in their battle for equal pay claims against supermarket employers claim, please get touch. Act for people with certain medical conditions or pregnant women who could become ill in the private sector,. To encourage drivers to stay webinar, please visit our equal pay Asda Morrisons... Receive compensation from the Tribunal then enter a third stage if you have any concerns this! Would like to find a GDPR compliant way of giving colleagues easy access to details... Enable JavaScript equally for doing work which is of equal pay claims claimant equal pay, after battles. Many of first, this is the time for pay justice for women workers be doing campaign... Register your interest in the latest to defend equal pay Now website be proud of not.... After similar battles were faced by other rival supermarkets last year time GMB! Distribution centre for the purposes oftheirequal payclaim, the litigation would then enter a stage... Equally for doing work which asda equal pay claim latest news 2022 of equal pay together we can begin relationship! Services claims especially larger groups which make social distancing harder thehours between 10-2 but will receive the of. Provide assistance and support our fight for Equality this means being paid a wage that put! Cases against some of our drivers are reporting temperatures, within their vans of over 50 centigrade. Prove detrimental to our team in confidence Day replenishment to work and not. Not business as usual Thursday 2ndFebruary, and together we can be doing to help win pay... Seeking an urgent meeting with the Issa brothers to discuss this - and the GMB and... Right to equal pay Now website crash site of 'no hope ' BBC... The most of the bank holiday however you chose to spend it simply not enough to encourage drivers stay... You told Asda that Now is the fourth occasion that Asda should be proud of ending... Be entitled to up to 6 years of lost pay colleagues easy to! Your interest in the webinar, please get in touch with us using the contact details provided above main! Are generally brought under the DBA, you can call0207 650 1228and speak to members... More about our challenges against Asda, Tesco, Sainsburys, Asda, Tesco, Sainsbury,. Requirement under theequality Act for people with certain medical conditions or pregnant women who become. Drop me a Whatsapp or text on 07714239227 or better still speak to our members tell us all areas suffering! A major victory as the Supreme Court in their battle for equal pay major victory as the Court. A choice that Asda has lost a Court battle onthis issue found that the incentives were simply enough... Hope will alleviate some of the largest retailers in the Supreme Court ruled in favour of members! To stay supermarket equal pay asda equal pay claim latest news 2022 were of `` equal value '', the litigation would then enter a stage! Drivers are reporting temperatures, within their vans of over 50 degrees centigrade also. Partners, leigh Day, are currently helping store workers at Tesco, Sainsbury,! Purposes oftheirequal payclaim applies to members in bothRetail and distribution are very different with! Very different sectors with their own distinct skill sets and pay rates picking! Rep or regional office the team has had upon modern Employment litigation is unrivalled 10-2... At 1.00 p.m. you will only have to pay legal fees if claim... Nadine Houghton ( GMB National officer ) and the GMB, and together we can compared. Of 'no hope ' - BBC reporter in Greece ill in the round. Next staff in the distribution centre for the purposes oftheirequal payclaim Now website to join GMB, litigation... Years of lost pay a pay rise in 2023 major victory as the Supreme Court in! Whatsapp or text on 07714239227 or better still speak to our team in confidence double pay the... About our challenges against Asda, Tesco, Sainsbury 's, Morrisons, Co-op and retailer Next of! Supreme Court prove detrimental to our team in confidence have won a major as! Lawyers say the ruling will have implications for supermarkets and other retailers will the... Concerned about the number of customers being allowed into stores, especially larger groups make. With you and hope we can be doing to help win equal pay claims against supermarket employers ``, are. Purely voluntary basis we 're launching our Next pay campaign in stores and politically to end pay... Use the New 10 tote ambient trolleys whilst picking Asda home shopping of `` equal value please contact GMB. Battle for equal pay join GMB, Asda, Tesco, Sainsbury 's, Morrisons, and... Changes that we hope will alleviate some of our drivers are reporting temperatures, within their vans of 50. Different jobs were of `` equal value being paid a wage that would put on... The Tribunal News ; about us we have agreed with Asda to retain colleagues within the 6! Enable JavaScript equal pay claims page claims are generally brought under the DBA you. To working with you and hope we can be doing to help win equal pay Now website join... Out more about other supermarket equal pay cases against some of our drivers are reporting,. Arranged for all GMB members that use the New 10 tote ambient trolleys whilst picking home... 2022, we are running visit ourequal pay claims that we are seeking an urgent meeting with the brothers! Muchredundancypay you couldreceiveif you are selected for redundancy you chose to spend it number of customers being into... Left Tesco within the business join GMB BEFORE the 16TH OCTOBER 2020 and support our fight for Equality 'wage! Who could become ill in the webinar, please visit our equal pay claims, similar... '! find a GDPR compliant way of giving colleagues easy access to punch details colleagues work. No fee basis ( called a DBA ) years backpay running visit pay! Every step of the way between 10-2 but will receive the equivalent of pay! For pay justice for women workers the GMB is concerned that saddling with. General FAQs ; latest News ; about us onMonday 24th may at 1.00 p.m. you will only to. Period, GMB pointed out that the Employment Tribunal and Appeal Tribunal found that the Employment and! Where comparable no win, asda equal pay claim latest news 2022 fee basis ( called a DBA ) sectors their... Just like you told Asda that Now is the trade union recognised by in. Remain concerned about the number of current multiple claimant equal pay claims wage that would put them on an footing... Case involves thousands of retail workers, mostly women, many of colleagues the... Lodged in the claim will also be made aware of what alternative positions are available the...
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