Meetings and Hearings All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this Article.
Hearings Within the time period specified in Section 8.4(d), the matter shall be presented to the arbitrator at a hearing by means of written submissions of memoranda and verified witness statements, filed simultaneously, and responses, if necessary in the judgment of the arbitrator or both the parties. If the arbitrator deems it to be essential to a fair resolution of the dispute, live cross-examination or direct examination may be permitted, but is not generally contemplated to be necessary. The arbitrator shall actively manage the arbitration with a view to achieving a just, speedy and cost-effective resolution of the dispute, claim or controversy. The arbitrator may, in his or her discretion, set time and other limits on the presentation of each party's case, its memoranda or other submissions, and refuse to receive any proffered evidence, which the arbitrator, in his or her discretion, finds to be cumulative, unnecessary, irrelevant or of low probative nature. Except as otherwise set forth herein, any arbitration hereunder will be conducted in accordance with the CPR Rules for Non-Administered Arbitration of Business Disputes then prevailing (except that the arbitration will not be conducted under the auspices of the CPR and the fee schedule of the CPR will not apply). Except as expressly set forth in Section 8.8(b), the decision of the arbitrator will be final and binding on the parties, and judgment thereon may be had and will be enforceable in any court having jurisdiction over the parties. Arbitration awards will bear interest at an annual rate of the Prime Rate plus 2% per annum. To the extent that the provisions of this Agreement and the prevailing rules of the CPR conflict, the provisions of this Agreement shall govern.
Hearing Protection On vessels where there exists steady state and impact noise considered excessive, Officers shall be provided with adequate hearing protective devices. The noise exposure levels and standards of protective equipment shall be as provided for in the Transport Canada Coast Guard Standards Respecting Noise Control and Hearing Protection in Canadian Towboats over fifteen (15) Tons, Gross Tonnage, subject to the Marine Occupational Safety and Health Regulations.
AND HEALTH The Company shall institute and maintain all necessary precautions to ensure every worker a safe and healthy workplace and to protect the environment. The company shall comply in a timely manner with the Canada Labour Code, its regulations, codes of practice, and all relevant environmental laws, regulations, and codes of practice in effect. All standards established under these laws shall constitute minimum acceptable practice to be improved upon by agreement of the Joint Health and Safety Committee. The Union will encourage its members to use all safety equipment provided and to follow accident prevention rules and regulations. The Joint Local Health and Safety Committee for Cornwall Headquarters, during the life of the Agreement, will be comprised of a total of four members, two elected or appointed members representing the Union and two members representing Management. Each member of the Joint Health and Safety Committee shall be certified as required. During all absences, both parties shall recognise a substitute member as designated. In accordance with the Canada Labour Code, necessary leave with pay will be granted to every member of the Safety Committee, at his regular or acting rate, to attend meetings of the committee or to carry out any affairs as mandated in the minutes of the Committee. The union members of the Safety Committee shall be afforded the opportunity to meet for one (1) hour prior to the full Committee meeting. Requests for necessary leave under this Article shall be submitted to the employee's supervisor as far in advance as possible and in accordance with meeting schedules arranged by the co-chairpersons to avoid disruption of the Corporation's business activities. Approval by the supervisor will not be unreasonably withheld. Employees required to wear safety footwear because they hold positions designated in the Corporation's Safety Footwear Policy shall be paid an amount of for cost reimbursement of purchasing each year or every two (2) years such safety footwear, as per the applicable footwear payment schedule, thereby wearing at work safety footwear in good condition. Special consideration shall be given to employees with foot deformities. The Corporation will continue its practice of supplying at no cost to the employees concerned the clothing apparel such as coveralls, gloves, uniforms, winter parkas, and the required safety equipment other than safety footwear, as per the Corporation's schedules of replacement. The Corporation, the Union and the employees agree to comply with relevant legislation providing rights of work refusal in unsafe conditions. The parties recognize the importance for the employee and the supervisor of resolving health and safety concerns before they become work refusals and without negatively impacting customer service. The company shall ensure that all employees are informed about their right to refuse hazardous work which may harm them or others. If an employee exercises his or her right to refuse he or she shall notify the supervisor and a Union representative of the health and safety committee. He or she shall stand by in a safe place and participate fully in the investigation of the hazard. No employee shall be discharged, penalized or disciplined for acting in compliance with the Canada Labour Code Part II, and its regulations, unless the employee exercises those rights knowing that no circumstances existed that would warrant it, or has willfully abused those rights. The Corporation agrees that the Committee shall have the right to investigate dangerous circumstances at the workplace at any time. Dangerous circumstances include any procedure, part of a workplace or any equipment, machine, device, article or thing which may harm a person or the environment. The co-chairperson or alternate shall be allowed to accompany government inspectors on an inspection tour of the Corporation’s