APPRENTICESHIP AND TRAINING FUND. A. Each Employer covered by this Agreement shall make contributions to xxx Xxxxxxxxxx and Joiners Apprentice and Journeyman Training Fund (hereinafter called "Apprentice Training Fund") for each hour worked (whether straight-time or overtime) for which wages or compensation is payable to an employee. B. All of the payments required to be made pursuant to Section A shall be made in a single payment in a check made payable to "Carpenters and Joiners Apprentice and Journeyman Training Fund", separate from the Health Fund check, at the same time and place where Health Fund payments are made. However, the payments for the Apprentice Training Fund shall be reported separately on the same remittance report as the payments to the Health Fund. C. The payments received by the Fund pursuant to this Article shall be used by the Trustees for the purposes of training apprentices and journeymen in the xxxxxxxxx craft and related occupations and such other purposes as provided for in the Fund Trust Agreement. D. Payments to the Apprentice Training Fund are to be made no later than the last day of the following month in which the work was performed, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, twenty percent (20%) of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate. E. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) with the Union in the administration of this Fund. F. The Employer agrees to abide by the terms and conditions of the abovementioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the Association. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each (a) For the duration of this Agreement, and any renewals or extension thereof, the Employer agrees to make payments to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund for each employee covered by this Agreement Agreement, as follows:
(b) Commencing with the first day of July, 2021, for each hour or portion thereof, for which an employee received pay, the Employer shall make a contribution of Twenty-Five ($0.25) to the above-named Fund.
(c) For the purpose of this Article, each hour paid for, including hours attributable to show up time and other hours for which pay is received by the employee in accordance with this Agreement, shall be counted as hours for which contributions are payable.
(d) Contributions shall be paid on behalf of any employee starting with the employee's first day of employment in a job classification covered by this Agreement. This includes, but is not limited to, apprentices, journeyman, trainees and probationary employees.
(e) The payments to the Fund required above shall be made to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund, by the fifteenth (15th) of each month for the previous month.
(f) The payments to the Fund required above shall be made to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund which was established under an
SECTION 2. All contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purpose of determining the accuracy of contributions to the above named Fund.
SECTION 3. If an Employer fails to make contributions to xxx Xxxxxxxxxx and Joiners Apprentice and the District Council 16 Northern California Journeyman Training Fund (hereinafter called "& Apprentice Training FundTrust Fund within twenty (20) days after the date required by the Trustees, such failure shall be deemed a violation of this Agreement, and the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any other provision hereof to the contrary notwithstanding, and the Employer shall be liable for all costs for collecting the payments due together with attorney's fees and such penalties as may be assessed by the Trustees. The Employer's liability for payment under this Article shall not be subject to or covered by any grievance or arbitration procedure of any ") for each hour worked (whether straight-time no strike" clause which may be provided or overtime) for which wages or compensation is payable to an employeeset forth elsewhere in this Agreement.
B. All (a) Commencing with the first day of July 2021, and for the duration of this agreement, and any renewals or extensions thereof, from the funds collected in the aforementioned manner, the Trustees of the District Council 16 Northern California Journeyman & Apprentice
(b) The payments to the Fund required to be made pursuant to in Section A 4(a) above shall be made in a single payment in a check made payable to "Carpenters the IUPAT-FTI, which was established under an Agreement and Joiners Apprentice Declaration of Trust dated May 1, 1995. The Employer hereby agrees to be bound by and Journeyman Training Fund"to the said Agreement and Declaration of Trust, separate from as though he had actually signed the Health Fund check, at the same time and place where Health Fund payments are made. However, the payments for the Apprentice Training Fund shall be reported separately same.
(a) The Employer hereby irrevocably designates as its representatives on the same remittance report Board of Trustees of the IUPAT-FTI, such Trustees as the payments to the Health Fund.
C. The payments received by the Fund pursuant to this Article shall be used by the Trustees for the purposes of training apprentices and journeymen are now serving or who will in the xxxxxxxxx craft and related occupations and such other purposes future serve as Employer Trustees, together with their successors, as provided for in the Fund aforesaid Trust AgreementIndenture.
D. Payments to (b) The Union hereby irrevocably designates as its representatives on the Apprentice Training Fund Board of Trustees of the IUPAT-FTI, such Trustees as are now serving, or who will in the future serve, as Union Trustees, together with their successors, as provided for in the aforesaid Trust Indenture.
(c) The parties hereto further agree to be made no later than the last day of the following month in which the work was performed, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, bound by the Trustees, as liquidated damages, twenty percent (20%) of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) with the Union in the administration of this Fund.
F. The Employer agrees to abide by the terms and conditions of the abovementioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted actions taken by the Trustees of the IUPAT-FTI pursuant to such Trust Agreement; the said Agreement and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the Association. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope Declaration of their authorityTrust.
Appears in 1 contract
Samples: Master Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each Employer covered by this Agreement shall make contributions to xxx Xxxxxxxxxx Section 16.1. There is hereby created the Cement Masons Joint Apprenticeship and Joiners Apprentice and Journeyman Training Fund (hereinafter called "Apprentice Training Fund") for each hour worked (whether straight-time or overtime) for which wages or compensation is payable to an employee.
B. All of the payments required to be made pursuant to Section A shall be made in a single payment in a check made payable to "Carpenters and Joiners Apprentice and Journeyman Training Fund", separate from the Health Fund check, at the same time and place where Health Fund payments are made. However, the payments for the Apprentice Training Fund shall be reported separately on the same remittance report as the payments to the Health Fund.
C. The payments Payments received by the Fund pursuant to this Article and to Article XVII shall be used by the Trustees for the purposes purpose of training apprentices and journeymen in the xxxxxxxxx Cement Masons' craft and related occupations and such other purposes as provided for in the Fund Trust Agreement.
D. Payments to the Apprentice Training Fund are to be made no later than the last day of the following month in which the work was performed, after which time the payments will be considered to be delinquentSection 16.2. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, twenty percent (20%) of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. Employers Association shall be the exclusive representative of the Employers and shall have equal representation of fifty percent (50%) percent with the Union in the administration of this Fund.
F. Section 16.3. The Employer agrees to abide by the terms and conditions of the abovementioned above-mentioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association ACEA as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the AssociationACEA. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority.
Section 16.4. All Employers covered by this Agreement, having been in the contracting business for two (2) years may employ apprentices or trainees.
(a) Employers may employ apprentices and trainees on the basis of the following ratio to cement masons regularly employed. If an Employer regularly employs between one and three Cement Xxxxx journeypersons, he may employ one apprentice or trainee. For each additional three journeypersons the Employer may hire one additional apprentice or trainee.
(b) If an Employer employs more than five (5) Cement Xxxxx Journeypersons the employer must employ at least one apprentice. Employers not hiring and training apprentices will be required to pay into the Milwaukee JATC two times the base contribution specified for each craftworker employed.
(a) Apprentices shall be governed by the Apprentice Standards agreed upon by the Joint Area Apprenticeship Committee and the Wisconsin Department of Workforce Development.
(b) If the Employer has no work for the apprentice, then such apprentice may be reassigned by the Joint Area Committee to any other Employer covered by this Agreement.
Appears in 1 contract
Samples: Labor Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each Employer covered by this Agreement shall make contributions to xxx Xxxxxxxxxx and Joiners Apprentice Apprenticeship and Journeyman Training Trust Fund (hereinafter Hereinafter called "Apprentice Training Fund") for each hour worked (whether straight-time or overtime) for which wages or compensation is payable to an employee.
B. All of the payments required to be made pursuant to Section A 9.1 shall be made in a single payment in a check made payable to "Carpenters and Joiners Apprentice Apprenticeship and Journeyman Journeyperson Training Trust Fund", ," separate from the Health Fund check, at the same time and place where Health Fund payments Payments are made. However, the payments for the Apprentice Training Fund shall be reported separately on the same remittance report as the payments to the Milwaukee Carpenters' District Council Health FundFund or such other health fund is applicable in the event of a merger as contemplated by Article VII.
C. The payments Payments received by the Fund pursuant to this Article shall be dedicated to the participants and used by the Trustees for the purposes of training apprentices and journeymen journeypersons in the xxxxxxxxx craft and related occupations and such other purposes as provided for in the Fund Trust Agreement.
D. Payments to the Apprentice Apprenticeship and Training Fund are to be made no later than the last day of the following month in for which the work was performed, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, twenty percent (20%) % of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) with the Union in the administration of this Fund.
F. The Employer agrees to abide by the terms and conditions of the abovementioned above-mentioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the Association. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority.
F. Union recognize the need for the quality training of apprentices and journeypersons to meet the industry's craft labor needs and to provide safety and health training and education to enable Union workers to remain healthy and productive. In addition to any contributions otherwise called for herein, the parties agree that the Employer shall make a contribution of ten cents ($.10) per hour worked for each employee covered by this Agreement to the United Brotherhood of Carpenters International Apprenticeship and Training Fund. Payment to the Fund shall be made no later than the last day of the following month for which work is performed and shall be remitted in accordance with the instructions of Trustees of the respective Fund. The Employer hereby also agrees to be bound by the Trust Indenture Agreement as now slated or as later restated or amended applicable to the respective United Brotherhood of Carpenters Trust Fund described above. On request, each Employer and/or Union shall receive a copy of the Fund's annual reports. This contribution shall be paid to the UBC National Funds Lockbox
Appears in 1 contract
Samples: Collective Bargaining Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each SECTION 1. Commencing with the first day of July, 2016, and for the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the Northern California Journeyman & Apprentice Training Trust Fund, for each employee covered by this Agreement Agreement, as follows:
(a) Commencing with the first day of July, 2016, for each hour, or portion thereof, for which an employee received pay, the Employer shall make a contribution of twenty-five cents ($.25) to the above named Apprenticeship and Training Fund.
(b) For the purpose of this Article, each hour paid for, including hours attributable to show up time and other hours for which pay is received by the employee in accordance with this Agreement, shall be counted as hours for which contributions are payable.
(c) Contributions shall be paid on behalf of any employee starting with the employee's first day of employment in a job classification covered by this Agreement. This includes, but is not limited to, apprentices, journeymen, trainees and probationary employees.
(d) The payments to the Apprenticeship and Training Fund required above shall be made to the Northern California Journeyman & Apprentice Training Trust Fund, by the fifteenth (15th) of each month for the pervious month.
SECTION 2. All contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purpose of determining the accuracy of contributions to the Apprenticeship Fund.
SECTION 3. If an Employer fails to make contributions to xxx Xxxxxxxxxx and Joiners Apprentice and the Northern California Journeyman Training Fund (hereinafter called "& Apprentice Training Trust Fund", after the date required by the Trustees, such failure shall be deemed a
SECTION 4. Pursuant to the terms of the Northern California Journeyman & Apprentice Training Trust document, the Employer signatory hereto, hereby becomes a party to said Trust document and hereby, agrees to be governed by the terms hereof and such amendments and extensions as may be made thereof or thereto.
(a) Commencing with the first day of July, 2016, from the funds collected in the above manner, the Trustees of the Northern California Journeyman & Apprentice Training Trust Fund shall hold in trust the sum of $ .05 per hour for each hour worked or portion thereof for which an employee receives pay, and remit said sum to the International Union of Painters and Allied Trades Finishing Trades Institute (whether straight-time or overtimeIUPAT FTI) for which wages or compensation is payable to an employeeall Floor Coverers, at such regular periods of time and in the manner and form as shall determined by the Trustee of the International Fund.
B. All of (b) The payment to the payments International Fund required to be made pursuant to in Section A 5(a) above shall be made in a single payment in a check made payable to "Carpenters the IUPAT FTI, which was established under an Agreement and Joiners Apprentice Declaration of Trust dated May 1, 1995. The Employer hereby agrees to be bound by and Journeyman Training Fund"to the said Agreement and Declaration of Trust, separate from as though he has actually signed the Health Fund check, at the same time and place where Health Fund payments are made. However, the payments for the Apprentice Training Fund shall be reported separately same.
(c) The Employer hereby irrevocably designates as its representative on the same remittance report Board of Trustees of the IUPAT FTI, such Trustee as the payments to the Health Fund.
C. The payments received by the Fund pursuant to this Article shall be used by the Trustees for the purposes of training apprentices and journeymen are now serving or will in the xxxxxxxxx craft and related occupations and such other purposes future serve, together with their successors, as provided for in the Fund aforesaid Trust AgreementIndenture.
D. Payments to (d) The Union hereby irrevocably designates as its representative on the Apprentice Training Fund Board of Trustees of the IUPAT FTI, such Trustee as are now serving or will in the future serve, together with their successors, as provided for in the aforesaid Trust Indenture.
(e) The parties hereto further agree to be made no later than the last day of the following month in which the work was performed, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, bound by the Trustees, as liquidated damages, twenty percent (20%) of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) with the Union in the administration of this Fund.
F. The Employer agrees to abide by the terms and conditions of the abovementioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted actions taken by the Trustees the IUPAT FTI, pursuant to such Trust Agreement; the said Agreement and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or Declaration of Trust.
SECTION 6. The JATC will be appointed by responsible for and shall conduct a minimum of two (2) training sessions specifically for journeyman during each year of the Associationcontract. Each training session should be at least four (4) hours in length and should be relative to upgrading the skills of all journeymen.
(a) The Union and the Employers agree that they will use their best efforts in getting journeymen to attend these training sessions. The Employer hereby ratifies all actions already taken JATC will keep records of those attending and will make those records available to the Employers or to be taken by such Trustees consistent with applicable law and within the scope of their authorityUnion when requested.
Appears in 1 contract
Samples: Floor Covering Master Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each (a) For the duration of this Agreement, and any renewals or extension thereof, the Employer agrees to make payments to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund for each employee covered by this Agreement Agreement, as follows:
(b) Commencing with the first day of July, 2018, for each hour or portion thereof, for which an employee received pay, the Employer shall make a contribution of Twenty-Five($0.25) to the above named Fund.
(c) For the purpose of this Article, each hour paid for, including hours attributable to show up time and other hours for which pay is received by the employee in accordance with this Agreement, shall be counted as hours for which contributions are payable.
(d) Contributions shall be paid on behalf of any employee starting with the employee's first day of employment in a job classification covered by this Agreement. This includes, but is not limited to, apprentices, journeyman, trainees and probationary employees.
(e) The payments to the Fund required above shall be made to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund, by the fifteenth (15th) of each month for the previous month.
(f) The payments to the Fund required above shall be made to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund which was established under an
SECTION 2. All contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purpose of determining the accuracy of contributions to the above named Fund.
SECTION 3. If an Employer fails to make contributions to xxx Xxxxxxxxxx and Joiners Apprentice and the District Council 16 Northern California Journeyman Training Fund (hereinafter called "& Apprentice Training FundTrust Fund within twenty (20) days after the date required by the Trustees, such failure shall be deemed a violation of this Agreement, and the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any other provision hereof to the contrary notwithstanding, and the Employer shall be liable for all costs for collecting the payments due together with attorney's fees and such penalties as may be assessed by the Trustees. The Employer's liability for payment under this Article shall not be subject to or covered by any grievance or arbitration procedure of any ") for each hour worked (whether straight-time no strike" clause which may be provided or overtime) for which wages or compensation is payable to an employeeset forth elsewhere in this Agreement.
B. All (a) Commencing with the first day of July 2018, and for the duration of this agreement, and any renewals or extensions thereof, from the funds collected in the aforementioned manner, the Trustees of the District Council 16 Northern California Journeyman & Apprentice
(b) The payments to the Fund required to be made pursuant to in Section A 4(a) above shall be made in a single payment in a check made payable to "Carpenters the IUPAT-FTI, which was established under an Agreement and Joiners Apprentice Declaration of Trust dated May 1, 1995. The Employer hereby agrees to be bound by and Journeyman Training Fund"to the said Agreement and Declaration of Trust, separate from as though he had actually signed the Health Fund check, at the same time and place where Health Fund payments are made. However, the payments for the Apprentice Training Fund shall be reported separately same.
(a) The Employer hereby irrevocably designates as its representatives on the same remittance report Board of Trustees of the IUPAT-FTI, such Trustees as the payments to the Health Fund.
C. The payments received by the Fund pursuant to this Article shall be used by the Trustees for the purposes of training apprentices and journeymen are now serving or who will in the xxxxxxxxx craft and related occupations and such other purposes future serve as Employer Trustees, together with their successors, as provided for in the Fund aforesaid Trust AgreementIndenture.
D. Payments to (b) The Union hereby irrevocably designates as its representatives on the Apprentice Training Fund Board of Trustees of the IUPAT-FTI, such Trustees as are now serving, or who will in the future serve, as Union Trustees, together with their successors, as provided for in the aforesaid Trust Indenture.
(c) The parties hereto further agree to be made no later than the last day of the following month in which the work was performed, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, bound by the Trustees, as liquidated damages, twenty percent (20%) of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) with the Union in the administration of this Fund.
F. The Employer agrees to abide by the terms and conditions of the abovementioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted actions taken by the Trustees of the IUPAT-FTI pursuant to such Trust Agreement; the said Agreement and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the Association. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope Declaration of their authorityTrust.
Appears in 1 contract
Samples: Master Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each Employer shall contribute and pay into an apprenticeship and training program the amount shown in Article 34 for each hour of which the employee is paid for all employees covered by this Agreement shall make Agreement. Such contributions to xxx Xxxxxxxxxx and Joiners Apprentice and Journeyman Training Fund (hereinafter called "Apprentice Training Fund") for each hour worked (whether straight-time or overtime) for which wages or compensation is payable to an employee.
B. All on the part of the payments required Employers shall be paid by them to the Trust Fund, established by the Trust Agreement and Declaration of Trust, dated November 1, 1969. These contributions shall be for the exclusive purpose of defraying the cost of apprenticeship or other training programs to be made pursuant to Section A shall be made in a single payment in a check made payable to "Carpenters and Joiners Apprentice and Journeyman Training Fund", separate from the Health Fund check, at the same time and place where Health Fund payments are made. However, the payments for the Apprentice Training Fund shall be reported separately carried on the same remittance report as the payments to the Health Fund.
C. The payments received by the Fund pursuant to this Article shall be used Joint Apprenticeship Committee heretofore established by the Trustees for Employers and the purposes Union, in accordance with the provisions of training apprentices and journeymen in the xxxxxxxxx craft and related occupations and such other purposes “Indianapolis Ironworkers Apprenticeship Standards”, formulated by the Joint Apprenticeship Training Committee-as provided for in the Fund Trust Agreement.
D. amended from time to time. Payments to the Apprentice Training Fund said fund are to be made no later than paid by the last fifteenth (15th) day of the month following the month in which the work was performed, after which time services are rendered and forms for the payments will making of the monthly reports by employers shall be considered furnished to be delinquentthem. In the event the Apprenticeship and Training Fund contributions are not received by the fund by the fifteenth (15th) of the month following the month in which the services have been rendered by the employee, the Employer shall be responsible for interest at the rate of one percent (1%) of the total due for the balance of the month in which the money should have been received, and an additional one percent (1%) for each full or partial month thereafter until payment of the amount due plus interest. As a remedy, the Union has the right to strike and picket any Employer who becomes delinquent in his payments its Apprenticeship and Training Fund payments. The Trust Agreement and the Declaration of Trust, together with any amendments thereto shall be considered as part of this Agreement as though set forth herein at length. Each Employer required to contribute Apprentice Training Funds under the terms of this Agreement shall employ apprentices in the performance of all work covered by this Agreement, and shall utilize these classifications to the Fundfullest extent applicable. When an Employer covered by the Agreement employs four (4) or more Journeymen Ironworkers, the fifth (5th) Employee shall be an apprentice. The ratio of one (1) apprentice for every four (4) Journeymen Ironworkers shall be maintained at all times, based upon the Employer’s total employment of Ironworkers, unless mutually agreed upon by the Employer and the Business Representative. The apprentice program is a four (4) year program with wages and benefits as indicated in view Article 34. The apprentice to journeyman ratio and/or wage scale or percentages may be different from the ratio and/or wage scale or percentages specified herein to the extent provided, permitted or required by an applicable International or project agreement. The ratios and/or wage scale or percentages provided in such agreement shall be applicable in accordance with such agreement when certified by either the International Union or the applicable Local Union. This requirement may be altered, due to unavailability of apprentices for referral, or due to safety requirements of the fact Employer. Apprentices will be hired and laid off in a manner that will maintain the anticipated and actual damages are difficult or incapable ratio. These employees will be dispatched through the Local Union. Apprentices shall not be paid more than the rates provided under the terms of accurate ascertainment in such event, such Employer may this Agreement unless otherwise required by law. All apprentices shall be assessed, dispatched to jobs by the TrusteesBusiness Representative and the Apprentice Coordinator of the Local Union. An apprentice having reason to work outside the jurisdiction of the Local Union must have a letter of consent from the Joint Apprenticeship Committee to do so. No apprentice will be allowed to work on any job during school hours. An apprentice change from one contractor to another contractor must be made through the Local Union Business Representative and the Coordinator. The above in no way changes the Apprenticeship Standards, as liquidated damagesrules or Trust which is a part of the Joint Agreement between the AGCI and International Association of Bridge, twenty percent (20%) Structural, Ornamental and Reinforcing Iron Workers Local Union No. 22, of such delinquent payments and further such delinquent Employer shall Indianapolis, Indiana. If Apprentices are not available, there will be required a Journeyman Assistant dispatched in their place. All Journeyman Assistants will return to pay interest the Union Hall at the maximum rate permitted completion of each job to be re-assigned by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owedBusiness Representative. In the event that the Fund's Administrative Manager refers Local Union would dispatch any persons not included in journeyman or apprentice classification, the delinquency to legal counsel for collection, then Union shall dispatch such Employer person as “journeyman assistant”. A journeyman assistant shall be obligated defined as a helper to pay, in addition journeymen and be eligible to such liquidated damages and interest charges, reasonable attorneys' fees and any enter the apprentice program within two (2) years (if all other costs and expenses reasonably arising in connection with any collection actionrequirements of the apprentice program are met). If the employees are removed from the job by the Union to enforce such payments and penalties, the employees He shall be paid allowed to perform any work assigned by his xxxxxxx. The Union Business Representative shall, at his discretion, have the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. authority to dispatch a Journeyman Assistant, or as many as he sees necessary to any project. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) Local Union agrees to maintain bid one compliance status with the Union in the administration Office of this Fund.
F. The Employer agrees to abide by the terms and conditions of the abovementioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the AssociationFederal Contract Compliance (OFCCP). The Employer hereby ratifies Joint Apprentice Committee through the Coordinator will notify all actions already taken or Employers that utilize Local 22 Ironworkers of all intentions to be taken by start new apprentice classes in such Trustees consistent with applicable law and within time that the scope Employers can notify potential applicants of their authoritysuch possible apprentice openings.
Appears in 1 contract
Samples: Joint Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each Employer covered by this Agreement shall make contributions to xxx Xxxxxxxxxx and Joiners Apprentice and Journeyman Training Fund (hereinafter called "Apprentice Training Fund") for each hour worked (whether straight-time or overtime) for which wages or compensation is payable to an employee.
B. All of Section 18.1. There has been created the payments required to be made pursuant to Section A shall be made in a single payment in a check made payable to "Carpenters and Joiners Apprentice and Journeyman Training Fund", separate from the Health Fund check, at the same time and place where Health Fund payments are madeMilwaukee JATC. However, the payments for the Apprentice Training Fund shall be reported separately on the same remittance report as the payments to the Health Fund.
C. The payments Payments received by the Fund pursuant to this Article and to Article V shall be used by the Trustees for the purposes purpose of training apprentices and journeymen craftworkers in the xxxxxxxxx craft and related occupations BAC and such other purposes as provided for in the Fund Trust Agreement.
D. Payments to the Apprentice Training Fund are to be made no later than the last day of the following month in which the work was performed, after which time the payments will be considered to be delinquentSection 18.2. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, twenty percent (20%) of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. ACEA shall be the exclusive representative of the Employers and shall have equal representation of fifty percent (50%) percent with the Union in the administration of this Fund.
F. Section 18.3. The Employer agrees to abide by the terms and conditions of the abovementioned above-mentioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association ACEA as provided in said Trust Agreement as his representatives representative to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the AssociationACEA. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority.
Section 18.4. In the event of a merger involving the Milwaukee Fund, the surviving fund shall receive all the assets of the two funds as required by the surviving trust agreement.
Section 19.1. During the life of this Agreement, each Employer covered by or subject to this Agreement shall pay to the Industry Advancement Program/Contract Administration (hereinafter referred to as IAP/CA) Fund for each Employee covered by or subject to this Agreement, the sum of one dollar and forty cents ($1.40) per hour for all hours worked by each Employee. These payments shall be made no later than the fifteenth (15th) day of each month following the month for which payment is to be made. Payments are to be sent to the IAP/CA, P.O. Box 507, Brookfield, WI 53008-0507. The Employer contributions required to be paid under this Section shall not be referred to, or be considered, as wage or fringe benefit payments.
Section 19.2. (a) Except to the extent otherwise provided in Section 8.8, the payments received by the IAP/CA Fund pursuant to Section 19.1 of this Article shall be used as provided in subsection 19.3 of this Section.
Appears in 1 contract
Samples: Collective Bargaining Agreement
APPRENTICESHIP AND TRAINING FUND.
A. Each Employer covered by this Agreement shall make contributions to xxx Xxxxxxxxxx and Joiners Apprentice Apprenticeship and Journeyman Training Trust Fund (hereinafter Hereinafter called "Apprentice Training Fund") for each hour worked (whether straight-time or overtime) for which wages or compensation is payable to an employee.
B. All of the payments required to be made pursuant to Section A 9.1 shall be made in a single payment in a check made payable to "Carpenters and Joiners Apprentice Apprenticeship and Journeyman Journeyperson Training Trust Fund", ," separate from the Health Fund check, at the same time and place where Health Fund payments Payments are made. However, the payments for the Apprentice Training Fund shall be reported separately on the same remittance report as the payments to the Milwaukee Carpenters' District Council Health FundFund or such other health fund is applicable in the event of a merger as contemplated by Article VII.
C. The payments Payments received by the Fund pursuant to this Article shall be dedicated to the participants and used by the Trustees for the purposes of training apprentices and journeymen journeypersons in the xxxxxxxxx craft and related occupations and such other purposes as provided for in the Fund Trust Agreement.
D. Payments to the Apprentice Apprenticeship and Training Fund are to be made no later than the last day of the following month in for which the work was performed, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in his payments to the Fund, and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, twenty percent (20%) % of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys' fees and any other costs and expenses reasonably arising in connection with any collection action. If the employees are removed from the job by the Union to enforce such payments and penalties, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly wage rate.
E. The Allied Construction Employers' Association, Inc. shall be the exclusive representative of Employers and shall have equal representation of fifty percent (50%) with the Union in the administration of this Fund.
F. The Employer agrees to abide by the terms and conditions of the abovementioned above-mentioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as his representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the Association. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority.
F. Union recognize the need for the quality training of apprentices and journeypersons to meet the industry's craft labor needs and to provide safety and health training and education to enable Union workers to remain healthy and productive. In addition to any contributions otherwise called for herein, the parties agree that the Employer shall make a contribution of ten cents ($.10) per hour worked for each employee covered by this Agreement to the United Brotherhood of Carpenters International Apprenticeship and Training Fund. Payment to the Fund shall be made no later than the last day of the following month for which work is performed and shall be remitted in accordance with the instructions of Trustees of the respective Fund. The Employer hereby also agrees to be bound by the Trust Indenture Agreement as now slated or as later restated or amended applicable to the respective United Brotherhood of Carpenters Trust Fund described above. On request, each Employer and/or Union shall receive a copy of the Fund's annual reports. This contribution shall be paid to the UBC National Funds Lockbox
Appears in 1 contract
Samples: Collective Bargaining Agreement
