Common use of Delinquent Employers Clause in Contracts

Delinquent Employers. In the case of delinquent remittance the Union may utilize the grievance procedure beginning with Step III to recover the amount owing and all associated costs and interest on the outstanding amount. a) If the Employer does not submit the contributions for xxx Xxxxxxxxxx Pension Fund of Saskatchewan, Carpenters and Millwrights Health and Welfare Benefit Trust Fund of Saskatchewan, and/or xxx Xxxxxxxxxx Apprenticeship and Training Trust Fund as set out above and the Union is required to take legal or other actions including the referral of grievances to arbitration to obtain the contributions, liquidated damages and/or interest due, the Employer shall reimburse the Union for any expense legal or otherwise incurred by the Union in connection to such actions. b) Grievances under this Article shall also be determined by a sole arbitrator. If the Employer does not respond in writing to such a grievance concerning contributions, liquidated damages and/or interest due or admits to the amounts owed or that it has violated the above provisions, the Union may refer the grievance to an arbitrator of the Union’s choosing for disposition without a hearing. The Employer may provide written submissions to the arbitrator within a reasonable time frame of being advised of the matter being advanced to arbitration. Failure by the employer to provide such submissions will not prevent the arbitrator from ruling on submissions presented and issuing any relevant order or orders. c) The Union may in its sole discretion require previously delinquent Employers to deposit with the Trustee a cash bond in any amount up to and including and shall replenish such bond as may be required by the Union. The Trustees are authorized by this Article to draw upon the bond of a delinquent Employer. The drawing from a bond is in addition to any other remedy available to the Union in cases of Employer violations of this Article. It shall not be a violation of the Agreement, or the Saskatchewan Employment Act if the supply of labour is withheld due to the non-payment of Pension or Health & Welfare contributions by the Employer.

Appears in 2 contracts

Samples: Provincial Carpenters' Agreement, Provincial Carpenters' Agreement

AutoNDA by SimpleDocs

Delinquent Employers. In the case of delinquent remittance the Union may utilize the grievance procedure beginning with Step III to recover the amount owing and all associated costs and interest on the outstanding amount. a) If the Employer does not submit the contributions for xxx Xxxxxxxxxx Pension Fund of Saskatchewan, Carpenters and Millwrights Health and Welfare Benefit Trust Fund of Saskatchewan, and/or xxx Xxxxxxxxxx Apprenticeship and Training Trust Fund as set out above and the Union is required to take legal or other actions including the referral of grievances to arbitration to obtain the contributions, liquidated damages and/or interest due, the Employer shall reimburse the Union for any expense legal or otherwise incurred by the Union in connection to such actions. b) Grievances under this Article shall also be determined by a sole arbitrator. If the Employer does not respond in writing to such a grievance concerning contributions, liquidated damages and/or interest due or admits to the amounts owed or that it has violated the above provisions, the Union may refer the grievance to an arbitrator of the Union’s choosing for disposition without a hearing. The Employer may provide written submissions to the arbitrator within a reasonable time frame of being advised of the matter being advanced to arbitration. Failure by the employer to provide such submissions will not prevent the arbitrator from ruling on submissions presented and issuing any relevant order or orders. c) The Union may in its sole discretion require previously delinquent Employers to deposit with the Trustee a cash bond in any amount up to and including $40,000.00 and shall replenish such bond as may be required by the Union. The Trustees are authorized by this Article to draw upon the bond of a delinquent Employer. The drawing from a bond is in addition to any other remedy available to the Union in cases of Employer violations of this Article. It shall not be a violation of the Agreement, the Trade Union Act or the Saskatchewan Employment Act Construction Industry Labour Relations Act, 1992 if the supply of labour is withheld due to the non-non- payment of Pension or Health & Welfare contributions by the Employer.

Appears in 1 contract

Samples: Provincial Carpenters' Agreement

Delinquent Employers. In the case of delinquent remittance the Union may utilize the grievance procedure beginning with Step III to recover the amount owing and all associated costs and interest on the outstanding amount. a) If the Employer does not submit the contributions for xxx Xxxxxxxxxx Pension Fund of Saskatchewan, Carpenters and Millwrights Health and Welfare Benefit Trust Fund of Saskatchewan, and/or xxx Xxxxxxxxxx Apprenticeship and Training Trust Fund as set out above and the Union is required to take legal or other actions including the referral of grievances to arbitration to obtain the contributions, liquidated damages and/or interest due, the Employer shall reimburse the Union for any expense legal or otherwise incurred by the Union in connection to such actions. b) Grievances under this Article shall also be determined by a sole arbitrator. If the Employer does not respond in writing to such a grievance concerning contributions, liquidated damages and/or interest due or admits to the amounts owed or that it has violated the above provisions, the Union may refer the grievance to an arbitrator of the Union’s choosing for disposition without a hearing. The Employer may provide written submissions to the arbitrator within a reasonable time frame of being advised of the matter being advanced to arbitration. Failure by the employer to provide such submissions will not prevent the arbitrator from ruling on submissions presented and issuing any relevant order or orders. c) The Union may in its sole discretion require previously delinquent Employers to deposit with the Trustee a cash bond in any amount up to and including $40,000.00 and shall replenish such bond as may be required by the Union. The Trustees are authorized by this Article to draw upon the bond of a delinquent Employer. The drawing from a bond is in addition to any other remedy available to the Union in cases of Employer violations of this Article. It shall not be a violation of the Agreement, or the Saskatchewan Employment Act if the supply of labour is withheld due to the non-payment of Pension or Health & Welfare contributions by the Employer.

Appears in 1 contract

Samples: Provincial Carpenters' Agreement

AutoNDA by SimpleDocs

Delinquent Employers. In the case of delinquent remittance the Union may utilize the grievance procedure beginning with Step III to recover the amount owing and all associated costs and interest on the outstanding amount. a) If the Employer does not submit the contributions for xxx Xxxxxxxxxx Pension Fund of Saskatchewan, Carpenters and Millwrights Health and Welfare Benefit Trust Fund of Saskatchewan, and/or xxx Xxxxxxxxxx Apprenticeship and Training Trust Fund as set out above and the Union is required to take legal or other actions including the referral of grievances to arbitration to obtain the contributions, liquidated damages and/or interest due, the Employer shall reimburse the Union for any expense legal or otherwise incurred by the Union in connection to such actions. b) Grievances under this Article shall also be determined by a sole arbitrator. If the Employer does not respond in writing to such a grievance concerning contributions, liquidated damages and/or interest due or admits to the amounts owed or that it has violated the above provisions, the Union may refer the grievance to an arbitrator of the Union’s choosing for disposition without a hearing. The Employer may provide written submissions to the arbitrator within a reasonable time frame of being advised of the matter being advanced to arbitration. Failure by the employer to provide such submissions will not prevent the arbitrator from ruling on submissions presented and issuing any relevant order or orders. c) The Union may in its sole discretion require previously delinquent Employers to deposit with the Trustee a cash bond in any amount up to and including and shall replenish such bond as may be required by the Union. The Trustees are authorized by this Article to draw upon the bond of a delinquent Employer. The drawing from a bond is in addition to any other remedy available to the Union in cases of Employer violations of this Article. It shall not be a violation of the Agreement, the Trade Union Act or the Saskatchewan Employment Act Construction Industry Labour Relations Act, 1992 if the supply of labour is withheld due to the non-non- payment of Pension or Health & Welfare contributions by the Employer.

Appears in 1 contract

Samples: Provincial Carpenters' Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!