Common use of Employer DeNovo Treatment Centre Contribution Clause in Contracts

Employer DeNovo Treatment Centre Contribution. Each Employer shall contribute two cents ($0.02) per hour to the Health Plan for each hour earned by each employee in his employ as a DeNovo Treatment Centre contribution, to be submitted with the Health and Pension Fund payments herein provided. (i) These monies shall be remitted in accordance with this Collective Agreement and shall be remitted by the 15th day of the month following the month in which the hours have been earned. Supporting information entered on a Reporting Form as designated by the Trustees shall also be remitted by the (ii) In the event an Employer fails to remit any contributions, deductions or remittances for the Health Plan, the Pension Plan, dues, fees or assessments pursuant to Article 3, I.U.O.E., Local 793 Trades Training Fund pursuant to Article 14, Working Dues Check-off, Advancement Dues Check-off or Employer Labour Relations Fund, by the 15th day of the month due, the Employer shall pay to the appropriate fund as liquidated damages and not as a penalty, an amount equal to three percent (3%) per month, compounded monthly (42.6% per annum) for any delinquent contributions, deductions or remittances fifteen (15) days in arrears calculated from the date due, provided the Employer has received five (5) days prior written notice to correct such delinquency and has not done so. (iii) With reasonable cause, the Trustees may request an Employer to submit to them within a stipulated period a certified audited statement of payroll contributions to these funds for a period not to exceed the period from the effective date of this Agreement until the date the audit takes place. Such statements shall reply to the questions submitted to the Employer by the Trustees. (iv) If the Employer does not submit the certified audited statement as per Article 24.3 (iii), the Trustees may appoint an independent chartered accountant to enter upon the Employer’s premises during the regular business hours to perform an audit of the Employer’s records only with respect to the Employer’s contributions or deductions to the required Employee Benefit Plan. (v) Where the trustees appoint an auditor, the cost of the audit shall be borne by the appropriate funds or plans, but the cost of the audit shall be borne by the Employer if the Employer is found to be in deliberate violation of the Agreement. In addition, the trustees may assess a penalty not to exceed Twenty-Five Thousand Dollars ($25,000.00), if the audit discloses any deliberate violation. 24.4 In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall, within five (5) days of receipt of written notice from the Trustees, remit all outstanding contributions together with any liquidated damages required under the terms of Article 24.3 (ii) above and completed supporting contribution report forms as required by the Plan. (i) When an Employer fails to remit all delinquent contributions the provisions of 24.3 (ii) shall apply and the Union, on instructions from the Trustees, shall immediately institute proceedings against the delinquent Employers under Section 133 of the Labour Relations Act of Ontario. All costs of such actions shall be borne by the appropriate plan or fund unless otherwise recoverable. (ii) Where the parties agree to a settlement of a delinquency and such settlement is violated by the Employer, the violation may be used by the Union as evidence [subject to Article 24.3 (iii)] at the Ontario Labour Relations Board; and Article 24.3 (ii) shall apply. (iii) In the event that a grievance alleging that an Employer has failed to remit the proper contributions, deductions or remittances to any Trust Fund or party as required by this Agreement, the parties agree that for the purposes of determining any issue, the following presumption shall apply: (iv) If the Ontario Labour Relations Board or a Board of Arbitration to which a grievance alleging failure to pay wages to employees or a failure to make appropriate payments to a Trust Fund or an administrator as required by this Agreement is litigated and the Board determines that an Employer has violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall also (v) The Union may with cause require an Employer to post or secure an unconditional letter of credit or other form of security acceptable to the Union to cover any delinquencies as required by this Agreement. The maximum amount of the unconditional letter of credit or other form of security shall be the amount the Employer would be expected to contribute for a four (4) month period or Twenty Thousand Dollars ($20,000.00) whichever is the greater amount. (vi) The parties recognize that the payments to the various Trust Funds as required by this Agreement are part of a total wage package. For the purposes of directors’ liability to employees under the Ontario Business Corporations Act and the Canada Business Corporations Act, the wages set out in this Agreement are the total wage packages set out in Schedules “A” to “O” attached hereto. 24.6 Where the Union has taken prior proceedings and obtained a decision against an Employer for delinquent contributions, deductions or remittances, the Union may require the said Employer to post a cash bond, certified cheque or other form of security acceptable to the Union, not to exceed Twenty Thousand Dollars ($20,000.00), or an amount equal to four (4) months contributions whichever is the greater amount, to be held in trust by the Trustees for a period to be determined by the Trustees. In the event that the said Employer again becomes delinquent for contributions, deductions or remittances, the Union and/or the Trustees may apply the cash bond or certified cheque, or any portion thereof, to satisfy the delinquency and require the Employer to replenish the cash bond or certified cheque in a higher amount. In the event that the cash bond or certified cheque does not satisfy the full amount of the delinquency, the Union may take other proceedings to recover the balance. 24.7 If an Employer does not have any employees in his employ, he shall submit a NIL report in accordance with the provisions of Article 24. 24.8 The Trustees of the employee benefit plans referred to in this Collective Agreement shall promptly notify the Union of the failure by the Employer to pay any employee benefit contributions required to be made under this Collective Agreement and which are owed under the said plans in order that the Programs Administrator of the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said program in compliance with the Regulations of the Employment Standards Amendment Act, 1991 in relation to the Employee Wage Protection Program. (i) Where the Union has instituted proceedings against a delinquent Employer under Section 133 of the Labour Relations Act of Ontario as described in Article 24.5 (i) and the delinquent Employer has failed to provide the supporting information in the manner and date(s) provided for in Article 24.3 (i), the parties agree that the Union may use the information provided by the delinquent Employer on prior Reporting Forms to arrive at a reasonable and probable estimate of the current delinquency, which shall include all amounts owing as described in Article 24.3 (ii). (ii) The Union shall also be able to add an additional 25% to the estimate so arrived at, in order to address any possible increases that may have occurred from the prior Reporting Forms. (iii) The Employer shall agree that an estimate so arrived at by the Union plus the additional 25% described above shall be accepted by itself and deemed by all parties to be an accurate representation of the current balances owing by the delinquent Employer. (iv) A delinquent Employer who has failed to provide supporting documentation as outlined in Article 24.9 (i) shall be estopped from challenging the estimate arrived at by the Union pursuant to that section, save and except that the Employer may challenge the estimate through the production of accurate (v) If it is later determined that the 25% increase to the balance was not sufficient to meet the actual increase, the Union shall be permitted to file a further grievance for any differences owed.

Employer DeNovo Treatment Centre Contribution. Each Effective May 27, 2016, each Employer shall contribute two cents ($0.02) per hour to the Health Plan for each hour earned by each employee in his employ as a DeNovo Treatment Centre contribution, to be submitted with the Health and Pension Fund payments herein provided. (i) These monies shall be remitted in accordance with this Collective Agreement and shall be remitted by the 15th day of the month following the month in which the hours have been earned. Supporting information entered on a Reporting Form as designated by the Trustees shall also be remitted by thethe 15th day of the month following the month in which the hours have been earned, and at no time shall the contributions be paid directly to the employee. (ii) In the event an Employer fails to remit any contributions, deductions or remittances for the Health Plan, the Pension Plan, dues, fees or assessments pursuant to Article 3, I.U.O.E., Local 793 Trades Training Fund pursuant to Article 14, Working Dues Check-off, Advancement Dues Check-off or Employer Labour Relations Fund, by the 15th day of the month due, the Employer shall pay to the appropriate fund as liquidated damages and not as a penalty, an amount equal to three percent (3%) per month, compounded monthly (42.6% per annum) for any delinquent contributions, deductions or remittances fifteen (15) days in arrears calculated from the date due, provided the Employer has received five (5) days prior written notice to correct such delinquency and has not done so. (iii) With reasonable cause, the Trustees may request an Employer to submit to them within a stipulated period a certified audited statement of payroll contributions to these funds for a period not to exceed the period from the effective date of this Agreement until the date the audit takes place. Such statements shall reply to the questions submitted to the Employer by the Trustees. (iv) If the Employer does not submit the certified audited statement as per Article 24.3 (iii), the Trustees may appoint an independent chartered accountant to enter upon the Employer’s premises during the regular business hours to perform an audit of the Employer’s records only with respect to the Employer’s contributions or deductions to the required Employee Benefit Plan. (v) Where the trustees appoint an auditor, the cost of the audit shall be borne by the appropriate funds or plans, but the cost of the audit shall be borne by the Employer if the Employer is found to be in deliberate violation of the Agreement. In addition, the trustees may assess a penalty not to exceed Twenty-Five Thousand Dollars ($25,000.00), if the audit discloses any deliberate violation. 24.4 In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall, within five (5) days of receipt of written notice from the Trustees, remit all outstanding contributions together with any liquidated damages required under the terms of Article 24.3 (ii) above and completed supporting contribution report forms as required by the Plan. 24.5 (i) When an Employer fails to remit all delinquent contributions the provisions of 24.3 (ii) shall apply and the Union, on instructions from the Trustees, shall immediately institute proceedings against the delinquent Employers under Section 133 of the Labour Relations Act of Ontario. All costs of such actions shall be borne by the appropriate plan or fund unless otherwise recoverable. (ii) Where the parties agree to a settlement of a delinquency and such settlement is violated by the Employer, the violation may be used by the Union as evidence [subject to Article 24.3 (iii)] at the Ontario Labour Relations Board; and Article 24.3 (ii) shall apply. (iii) In the event that a grievance alleging that an Employer has failed to remit the proper contributions, deductions or remittances to any Trust Fund or party as required by this Agreement, the parties agree that for the purposes of determining any issue, the following presumption shall apply: (iv) If the Ontario Labour Relations Board or a Board of Arbitration to which a grievance alleging failure to pay wages to employees or a failure to make appropriate payments to a Trust Fund or an administrator as required by this Agreement is litigated and the Board determines that an Employer has violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall also (v) The Union may with cause require an Employer to post or secure an unconditional letter of credit or other form of security acceptable to the Union to cover any delinquencies as required by this Agreement. The maximum amount of the unconditional letter of credit or other form of security shall be the amount the Employer would be expected to contribute for a four (4) month period or Twenty Thousand Dollars ($20,000.00) whichever is the greater amount. (vi) The parties recognize that the payments to the various Trust Funds as required by this Agreement are part of a total wage package. For the purposes of directors’ liability to employees under the Ontario Business Corporations Act and the Canada Business Corporations Act, the wages set out in this Agreement are the total wage packages set out in Schedules “A” to “O” attached hereto. 24.6 Where the Union has taken prior proceedings and obtained a decision against an Employer for delinquent contributions, deductions or remittances, the Union may require the said Employer to post a cash bond, certified cheque or other form of security acceptable to the Union, not to exceed Twenty Thousand Dollars ($20,000.00), or an amount equal to four (4) months contributions whichever is the greater amount, to be held in trust by the Trustees for a period to be determined by the Trustees. In the event that the said Employer again becomes delinquent for contributions, deductions or remittances, the Union and/or the Trustees may apply the cash bond or certified cheque, or any portion thereof, to satisfy the delinquency and require the Employer to replenish the cash bond or certified cheque in a higher amount. In the event that the cash bond or certified cheque does not satisfy the full amount of the delinquency, the Union may take other proceedings to recover the balance. 24.7 If an Employer does not have any employees in his employ, he shall submit a NIL report in accordance with the provisions of Article 24. 24.8 The Trustees of the employee benefit plans referred to in this Collective Agreement shall promptly notify the Union of the failure by the Employer to pay any employee benefit contributions required to be made under this Collective Agreement and which are owed under the said plans in order that the Programs Administrator of the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said program in compliance with the Regulations of the Employment Standards Amendment Act, 1991 in relation to the Employee Wage Protection Program. (i) Where the Union has instituted proceedings against a delinquent Employer under Section 133 of the Labour Relations Act of Ontario as described in Article 24.5 (i) and the delinquent Employer has failed to provide the supporting information in the manner and date(s) provided for in Article 24.3 (i), the parties agree that the Union may use the information provided by the delinquent Employer on prior Reporting Forms to arrive at a reasonable and probable estimate of the current delinquency, which shall include all amounts owing as described in Article 24.3 (ii). (ii) The Union shall also be able to add an additional 25% to the estimate so arrived at, in order to address any possible increases that may have occurred from the prior Reporting Forms. (iii) The Employer shall agree that an estimate so arrived at by the Union plus the additional 25% described above shall be accepted by itself and deemed by all parties to be an accurate representation of the current balances owing by the delinquent Employer. (iv) A delinquent Employer who has failed to provide supporting documentation as outlined in Article 24.9 (i) shall be estopped from challenging the estimate arrived at by the Union pursuant to that section, save and except that the Employer may challenge the estimate through the production of accurate (v) If it is later determined that the 25% increase to the balance was not sufficient to meet the actual increase, the Union shall be permitted to file a further grievance for any differences owed.