Common use of Health and hospital Clause in Contracts

Health and hospital. Section 1. Effective August 1, 2008, the Employer agrees to contribute the sum of two hundred sixteen dollars ($216.00) per week for any and all of its regular full time empoyees covered by this Agreement, and fifty-four dollars ($54.00) per day for all casual employees but not to exceed two hundred sixteen dollars ($216.00) per week to the New York State Teamsters Health and Hospital Trust Fund. All such money shall be turned over to the Trust Fund Treasury on or before the tenth (10th) day of the month following the month in which said money is accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. The Supplemental Negotiating Committee reserves the right to allocate the forty dol- lars ($40.00) weekly increase in contributions in the Pension Funds and/or Health and Hospital Fund on August 1, 2009 an additional forty dollars ($40.00) weekly increase on August 1, 2010, an addi- tional forty dollars ($40) weekly increase on August 1, 2011 and an additional forty dollars ($40) weekly increase on August 1, 2012. The Supplemental negotiating Committees shall allocate the $40.00 per week ($1.00 per hour) increase on August 1, 2009, the $40.00 per week ($1.00 per hour) increase on August 1, 2010, the $40.00 per week ($1.00 per hour) increase on August 1, 2011, and the $40.00 per week ($1.00 per hour) increase on August 1, 2012, between the Pension and Health and Welfare funds within the area of the Joint National Master Freight Negotiating Committee. The Committees shall, in those Supplemental Agreements which include one (1) Pension Fund and multiple Health & Welfare Funds, first allocate that portion, if any, of the above indicated benefit increase to the Pension Fund subject to the approval of the Joint National Master Freight Negotiating Committee. The remaining amount, if any, shall be applied uniformly to each of the Health & Welfare Funds. Disputes or questions over interpretation concerning the require- ments to make contributions for employees shall be submitted to the New York State Joint Grievance Committee for decision. Such deci- sion shall be subject to the Health and Hospital Fund Board of Trustees for final approval.‌‌ Section 2. Failure on the part of the Employer to regularly contribute as spec- ified herein above shall make him liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payment, plus ten percent (10%) penalty. In the event the Union suspends the opera- tions of a defaulting Employer, the Union shall not be bound by any arbitration or no strike clause in this Agreement. The Employer and the Union hereby agree simultaneously herewith to execute a stipu- lation submitted by the Health and Hospital Fund as negotiated for the Supplemental Freight Agreement and certifying that the Employer has entered into a written agreement containing such pro- visions. The Fund Trustees may reserve the right to refuse to accept contributions from Employers who fail to execute such stipulation. Section 3. The Health and Hospital Fund shall be open to participation by any group of members belonging to a participating Local Union and employees of a participating Employer not members of the Union, provided all such employees are covered under the rules, regula- tions and other requirements that are or may be required by the Trustees. Section 4. The New York State Teamsters Health and Hospital Fund may at any time check the payroll records of any and all employees of the Employer including owner-operators, lessors and employees of fleet owners covered by this Agreement, at a time mutually agreed upon, at no charge to the Employer, but in the event it is found that the Employer has not been complying with the Trust Fund provisions of the Agreement, the Employer shall pay the full cost of checking the books that may be necessary by the Trust Officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies that may exist to the Trust Fund and ten percent (10%) penalty. In the event an Employer is charged the cost of checking the books and feels it was unjustly charged, the Employer may appeal to the Joint State Committee.‌‌‌‌ Section 5. By the execution of this Agreement the Employer authorizes the Employers’ Association which are parties hereto to designate the Employer Trustees under such Trust Agreement hereby waiving all notices thereof and ratifying all actions already taken or to be taken by such Trustees within the scope of their authority. Section 6. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence being effective, sufficient moneys to pay the required contributions into the Health and Hospital Fund during the period of absence. Section 7. There shall be no deductions from equipment rental or owner-oper- ators by virtue of contributions made to the Health and Hospital Fund, regardless of whether the equipment rental is at the minimum rate or more. Section 8. During the life of this Agreement it is agreed that upon becoming a member of the New York State Teamsters Health and Hospital fund and making payments to said fund provided for herein, the Employer shall be relieved of any and all responsibilities of provid- ing any other or further insurance of health and welfare benefits than those provided by the New York State Teamsters Health and Hospital Fund. Section 9. The Employers agree to furnish such information as may be neces- sary concerning their employees including owner-operators, lessors and employees of fleet owners as will enable the Trust Fund to carry out its duty to furnish adequate coverage for such employees. Section 10. ‌‌‌ Should any of the provisions of the collective bargaining agreement be declared to be in violation of the Labor-Management Relations Act of 1947, as amended, or any other State or Federal statute or regulations, such declaration shall in no way impair the effective- ness of continuity of the provisions of this Agreement which estab- lish health and hospital benefits and provide for the payment of con- tributions by the Employers to such Fund, and such provisions are hereby expressly declared to be saved from illegality. Section 11. Payments to the Fund must be paid by the Employer during em- ployee vacations. Section 12. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than twelve (12) months. (a) All actions or proceedings commenced by any applicant, employee, Local Union or Employer or anyone acting in their behalf, against the Health and Hospital Fund or the Trustees there- of, and any action commenced by said Trustees against any appli- cant, employee, Local Union or Employer, pertaining to the said Health and Hospital Fund in any of its aspects, shall be brought in the appropriate court in the County of Onondaga, New York. It is specifically agreed that any action commenced in any other place shall be transferred to the County of Onondaga, New York. This contract provision relating to venue is necessitated by the fact that the Health and Hospital Fund Office, with all of its records and employees, is located in the County of Onondaga, New York. (b) All Emloyers contributing hereunder shall post each month at each terminal, or other place of business where employees have easy access thereto, an exact copy of the remittance report form of contributions sent to the Fund.‌‌ All Employees must check the list each month and immediately noti- fy their Local Union and Employer if proper contributions have not been made in their behalf. Failure of the employees to check the list does not relieve the Employer of any and all liabilities thereunder. Section 14. The method of computation for contributions for a road driver shall be based upon a 27.77 mile per hour formula. One day equals 9 X 27.77 or 250 miles. 1,000 miles equals the maximum contribution referred to herein.

Health and hospital. Section 1. Effective August 1, 20082018, the Employer agrees to contribute the sum of two hundred sixteen seventy-four dollars ($216.00274.00) per week for any and all of its regular full time empoyees employees covered by this Agreement, and fiftysixty-four nine dollars ($54.0069.00) per day for all casual employees but not to exceed two hundred sixteen seventy-four dollars ($216.00274.00) per week to the New York State Teamsters Health and Hospital Trust Fund. All such money shall be turned over to the Trust Fund Treasury on or before the tenth (10th) day of the month following the month in which said money is accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. The Supplemental Negotiating Committee reserves the right Employer shall continue to allocate the forty dol- lars ($40.00) weekly increase in contributions participate in the same Health and Welfare and Pension Funds and/or it was contributing to as of March 31, 2018 and abide by each Fund’s rules and regulations. The Company shall execute all documents and participation agreements required by each Fund to maintain participation. During the life of this Agreement, the Employer shall continue to make contributions at the rates required as of March 31, 2018 to the appropriate Health and Hospital Fund Welfare and Pension Funds in such amounts as determined on an annual basis by the Funds to be necessary to maintain the bene- fits then in effect. If necessary, to maintain the Health and Welfare and Pension bene- fits, the Employer shall increase its contribution to all Teamsters Health and Welfare and Pension Plans, as follows: Effective Dates Increases in Employer Contributions August 1, 2009 an additional forty dollars (2018 up to $40.00) weekly increase on 0.50 per hour August 1, 2010, an addi- tional forty dollars (2019 up to $40) weekly increase on 0.50 per hour August 1, 2011 and an additional forty dollars (2020 up to $40) weekly increase on 0.50 per hour August 1, 2012. The Supplemental negotiating Committees shall allocate the 2021 up to $40.00 0.50 per week ($1.00 per hour) increase on hour August 1, 20092022 up to $0.50 per hour Consistent with past practice under the NMFA, the $40.00 per week ($1.00 per hour) increase on Supplemental Ne- gotiating Committee will determine the allocation of the negotiated contribution amounts to the appropriate Health and Welfare and/or Pension Funds. The Article 20 approval process is no longer required. Effective August 1, 20102013, the $40.00 per week trigger in all Supplements for quali- fying for a week’s health and welfare contribution will be three ($1.00 per hour3) increase days, except for supplements that have a longer requirement. Those Supplements on August 1, 2011, an hourly contribution will continue their respec- tive practices. The trigger for the obligation to make health and welfare contributions in Supplements that provide for a month- ly-based contribution shall remain the $40.00 per week ($1.00 per hour) increase on August 1, 2012, between the Pension and Health and Welfare funds within the area same. The Employer shall only be required to pay those portions of the Joint National Master Freight Negotiating Committee. The Committees shall, in those Supplemental Agreements which include one (1) Pension Fund and multiple Health & Welfare Funds, first allocate “up to” $0.50 per hour increases that portion, if any, of are necessary to maintain the above indicated benefit increase to the Pension Fund subject to the approval of the Joint National Master Freight Negotiating Committee. The remaining amount, if any, shall be applied uniformly to each of the Health & Welfare Fundsbenefits as described above. Disputes or questions over interpretation concerning the require- ments to make contributions for employees shall be submitted to the New York State Joint Grievance Committee for decision. Such deci- sion decision shall be subject to the Health and Hospital Fund Board of Trustees for final approval.‌‌approval. If the Company refuses to honor a re- quest for an increase from the applicable Fund, the matter shall proceed directly to the National Grievance Committee for consid- eration. If the National Grievance Committee deadlocks, the re- quest of the Fund shall prevail and be honored by the Company. Failure to comply within seventy-two (72) hours shall constitute an immediate delinquency. Section 2. Failure on the part of the Employer to regularly contribute as spec- ified specified herein above shall make him liable for all claims, damagesdam- ages, attorney fees, court costs, etc., plus all arrears in payment, plus ten percent (10%) penalty. In the event the Union suspends the opera- tions operations of a defaulting Employer, the Union shall not be bound by any arbitration or no strike clause in this Agreement. The Employer and the Union hereby agree simultaneously herewith here- with to execute a stipu- lation stipulation submitted by the Health and Hospital Fund as negotiated for the Supplemental Freight Agreement and certifying that the Employer has entered into a written agreement containing such pro- visionsprovisions. The Fund Trustees may reserve the right to refuse to accept contributions from Employers who fail to execute such stipulation. Section 3. The Health and Hospital Fund shall be open to participation by any group of members belonging to a participating on by any group of members belonging to a participating Local Union and employees of a of a participating Employer not members of the Union, provided provid- ed all such employees are covered under the rules, regula- tions regulations and other requirements that are or may be required by the Trustees. Section 4. The New York State Teamsters Health and Hospital Fund may at any time check the payroll records of any and all employees of the Employer including owner-operators, lessors and employees of fleet owners covered by this Agreement, at a time mutually agreed upon, at no charge to the Employer, but in the event it is found that the Employer has not been complying with the Trust Fund provisions of the Agreement, the Employer shall pay the full cost of checking the books that may be necessary by the Trust Officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies that may exist to the Trust Fund and ten percent (10%) penalty. In the event an Employer is charged the cost of checking the books and feels it was unjustly charged, the Employer may appeal to the Joint State Committee.‌‌‌‌Committee. Section 5. By the execution of this Agreement the Employer authorizes the Employers’ Association which are parties hereto to designate the Employer Trustees under such Trust Agreement hereby waiving all notices thereof and ratifying all actions already taken or to be taken by such Trustees within the scope of their authority. Section 6. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence being effectiveef- fective, sufficient moneys to pay the required contributions into the Health and Hospital Fund during the period of absence. Section 7. There shall be no deductions from equipment rental or owner-oper- ators by virtue of contributions made to the Health and Hospital Fund, regardless of whether the equipment rental is at the minimum rate or more. Section 8. During the life of this Agreement it is agreed that upon becoming a member of the New York State Teamsters Health and Hospital fund and making payments to said fund provided for herein, the Employer Employ- er shall be relieved of any and all responsibilities of provid- ing providing any other or further insurance of health and welfare benefits than those provided by the New York State Teamsters Health and Hospital Fund. Section 9. The Employers agree to furnish such information as may be neces- sary concerning their employees including owner-operators, lessors les- sors and employees of fleet owners as will enable the Trust Fund to carry out its duty to furnish adequate coverage for such employees. Section 10. ‌‌‌ Should any of the provisions of the collective bargaining agreement be declared to be in violation of the Labor-Management Relations Act of 1947, as amended, or any other State or Federal statute or regulations, such declaration shall in no way impair the effective- ness of continuity of the provisions of this Agreement which estab- lish health and hospital benefits and provide for the payment of con- tributions contributions by the Employers to such Fund, and such provisions are hereby expressly declared to be saved from illegality. Section 11. Payments to the Fund must be paid by the Employer during em- ployee vacations. Section 12. If a regular employee is absent because of illness or off-the-job injury in- jury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee employ- ee returns to work; however, such contributions shall not be paid for a period of more than twelve (12) months. (a) All actions or proceedings commenced by any applicant, employeeem- ployee, Local Union or Employer or anyone acting in their behalf, against the Health and Hospital Fund or the Trustees there- ofthereof, and any action commenced by said Trustees against any appli- cantapplicant, employeeem- ployee, Local Union or Employer, pertaining to the said Health and Hospital Fund in any of its aspects, shall be brought in the appropriate appro- priate court in the County of Onondaga, New York. It is specifically agreed that any action commenced in any other place shall be transferred trans- ferred to the County of Onondaga, New York. This contract provision relating to venue is necessitated by the fact that the Health and Hospital Fund Office, with all of its records and employees, is located in the County of Onondaga, New York. (b) All Emloyers Employers contributing hereunder shall post each month at each terminal, or other place of business where employees have easy access thereto, an exact copy of the remittance report form of contributions sent to the Fund.‌‌ Fund. All Employees must check the list each month and immediately noti- fy no- tify their Local Union and Employer if proper contributions have not been made in their behalf. Failure of the employees to check the list does not relieve the Employer of any and all liabilities thereunder. Section 14. The method of computation for contributions for a road driver shall be based upon a 27.77 mile per hour formula. One day equals 9 X x 27.77 or 250 miles. 1,000 miles equals the maximum contribution referred to herein.

Health and hospital. Section 1. Effective August 1, 20082013, the Employer agrees to contribute the sum of two hundred sixteen seventy four dollars ($216.00274.00) per week for any and all of its regular full time empoyees employees covered by this Agreement, and fifty-four sixty nine dollars ($54.0069.00) per day for all casual employees but not to exceed two hundred sixteen seventy four dollars ($216.00274.00) per week to the New York State Teamsters Health and Hospital Trust Fund. All such money shall be turned over to the Trust Fund Treasury on or before the tenth (10th) day of the month following the month in which said money is accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. The Employer shall continue to participate in the same Health and Welfare and Pension Funds. During the life of this Agreement, the Employer shall continue to make contributions being paid as of the date of ratification of the ABF NMFA to the appropriate Health and Welfare and Pension Funds in such amounts as determined on an annual basis by the Funds to be necessary to maintain the benefits then in effect. If necessary to maintain the Health and Welfare and Pension bene- fits, the Employer shall increase its contribution to all Teamsters Health and Welfare and Pension Plans, up to $1.00 per year as fol- lows: Effective Dates Increases in Employer Contributions August 1, 2013 up to $1.00 per hour August 1, 2014 up to an additional $1.00 per hour August 1, 2015 up to an additional $1.00 per hour August 1, 2016 up to an additional $1.00 per hour August 1, 2017 up to an additional $1.00 per hour Consistent with past practice under the NMFA, the Supplemental Negotiating Committee will determine the allocation of the negoti- ated contribution amounts to the appropriate Health and Welfare and/or Pension Funds. Effective August 1, 2013, the trigger in all Supplements for qualifying for a week’s health and welfare contribution will be three (3) days, except for supplements that have a longer re- quirement. Those Supplements on an hourly contribution will continue their respective practices. The trigger for the obligation to make health and welfare contributions in Supplements that provide for a monthly-based contribution shall remain the same.‌ The Employer shall only be required to pay those portions of the “up to” $1.00 per hour increases that are necessary to maintain the benefits as described above. The Supplemental Negotiating Committee reserves the right to allocate the forty dol- lars (allo- cate up to an additional $40.00) weekly increase in contributions in the Pension Funds and/or Health and Hospital Fund 1.00 per hour as necessary to maintain ben- efits on August 1, 2009 an additional forty dollars ($40.00) weekly increase on 2014 and every August 1, 2010, an addi- tional forty dollars ($40) weekly increase on August 1, 2011 and an additional forty dollars ($40) weekly increase on August 1, 2012. The Supplemental negotiating Committees shall allocate 1 for the $40.00 per week ($1.00 per hour) increase on August 1, 2009, the $40.00 per week ($1.00 per hour) increase on August 1, 2010, the $40.00 per week ($1.00 per hour) increase on August 1, 2011, and the $40.00 per week ($1.00 per hour) increase on August 1, 2012, term of this agree- ment between the Pension and Health and Welfare funds within the area of the Joint National Master Freight Negotiating CommitteeCommit-tee. The Committees shall, in those Supplemental Agreements which include one (1) Pension Fund and multiple Health & Welfare Funds, first allocate that portion, if any, of the above indicated benefit increase to the Pension Fund subject to the approval of the Joint National Master Freight Negotiating Committee. The remaining amount, if any, shall be applied uniformly to each of the Health & Welfare Funds. Disputes or questions over interpretation concerning the require- ments to make contributions for employees shall be submitted to the New York State Joint Grievance Committee for decision. Such deci- sion shall be subject to the Health and Hospital Fund Board of Trustees for final approval.‌‌approval. Section 2. Failure on the part of the Employer to regularly contribute as spec- ified herein above shall make him liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payment, plus ten percent (10%) penalty. In the event the Union suspends the opera- tions of a defaulting Employer, the Union shall not be bound by any arbitration or no strike clause in this Agreement. The Employer and the Union hereby agree simultaneously herewith to execute a stipu- lation submitted by the Health and Hospital Fund as negotiated for the Supplemental Freight Agreement and certifying that the Employer has entered into a written agreement containing such pro- visions. The Fund Trustees may reserve the right to refuse to accept contributions from Employers who fail to execute such stipulation. Section 3. The Health and Hospital Fund shall be open to participation by any group of members belonging to a participating Local Union and employees of a participating Employer not members of the Union, provided all such employees are covered under the rules, regula- tions and other requirements that are or may be required by the Trustees. Section 4. The New York State Teamsters Health and Hospital Fund may at any time check the payroll records of any and all employees of the Employer including owner-operators, lessors and employees of fleet owners covered by this Agreement, at a time mutually agreed upon, at no charge to the Employer, but in the event it is found that the Employer has not been complying with the Trust Fund provisions of the Agreement, the Employer shall pay the full cost of checking the books that may be necessary by the Trust Officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies that may exist to the Trust Fund and ten percent (10%) penalty. In the event an Employer is charged the cost of checking the books and feels it was unjustly charged, the Employer may appeal to the Joint State Committee.‌‌‌‌ Section 5. By the execution of this Agreement the Employer authorizes the Employers’ Association which are parties hereto to designate the Employer Trustees under such Trust Agreement hereby waiving all notices thereof and ratifying all actions already taken or to be taken by such Trustees within the scope of their authority. Section 6. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence being effective, sufficient moneys to pay the required contributions into the Health and Hospital Fund during the period of absence. Section 7. There shall be no deductions from equipment rental or owner-oper- ators by virtue of contributions made to the Health and Hospital Fund, regardless of whether the equipment rental is at the minimum rate or more. Section 8. During the life of this Agreement it is agreed that upon becoming a member of the New York State Teamsters Health and Hospital fund and making payments to said fund provided for herein, the Employer shall be relieved of any and all responsibilities of provid- ing any other or further insurance of health and welfare benefits than those provided by the New York State Teamsters Health and Hospital Fund. Section 9. The Employers agree to furnish such information as may be neces- sary concerning their employees including owner-operators, lessors and employees of fleet owners as will enable the Trust Fund to carry out its duty to furnish adequate coverage for such employees. Section 10. ‌‌‌ Should any of the provisions of the collective bargaining agreement be declared to be in violation of the Labor-Management Relations Act of 1947, as amended, or any other State or Federal statute or regulations, such declaration shall in no way impair the effective- ness of continuity of the provisions of this Agreement which estab- lish health and hospital benefits and provide for the payment of con- tributions by the Employers to such Fund, and such provisions are hereby expressly declared to be saved from illegality. Section 11. Payments to the Fund must be paid by the Employer during em- ployee vacations. Section 12. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than twelve (12) months. (a) All actions or proceedings commenced by any applicant, employee, Local Union or Employer or anyone acting in their behalf, against the Health and Hospital Fund or the Trustees there- of, and any action commenced by said Trustees against any appli- cant, employee, Local Union or Employer, pertaining to the said Health and Hospital Fund in any of its aspects, shall be brought in the appropriate court in the County of Onondaga, New York. It is specifically agreed that any action commenced in any other place shall be transferred to the County of Onondaga, New York. This contract provision relating to venue is necessitated by the fact that the Health and Hospital Fund Office, with all of its records and employees, is located in the County of Onondaga, New York. (b) All Emloyers contributing hereunder shall post each month at each terminal, or other place of business where employees have easy access thereto, an exact copy of the remittance report form of contributions sent to the Fund.‌‌ All Employees must check the list each month and immediately noti- fy their Local Union and Employer if proper contributions have not been made in their behalf. Failure of the employees to check the list does not relieve the Employer of any and all liabilities thereunder. Section 14. The method of computation for contributions for a road driver shall be based upon a 27.77 mile per hour formula. One day equals 9 X 27.77 or 250 miles. 1,000 miles equals the maximum contribution referred to herein.stipulation.‌‌‌‌

Health and hospital. Section 1. Effective August July 1, 20082023, the Employer agrees to contribute the sum of two hundred sixteen seventy-four dollars ($216.00274.00) per week for any and all of its regular full time empoyees employees covered by this Agreement, and fiftysixty-four nine dollars ($54.0069.00) per day for all casual employees but not to exceed two hundred sixteen seventy-four dollars ($216.00274.00) per week to the New York State Teamsters Health and Hospital Trust Fund. All such money shall be turned over to the Trust Fund Treasury on or before the tenth (10th) day of the month following the month in which said money is accrued, except where agreed to by the Fund Trustees but not to exceed by the end of the following month. The Employer shall continue to participate in the same Health and Welfare and Pension Funds it was contributing to as of June 30, 2023 and abide by each Fund’s rules and regulations. The Compa- ny shall execute all documents and participation agreements re- quired by each Fund to maintain participation. During the life of this Agreement, the Employer shall continue to make contribu- tions at the rates required as of June 30, 2023 to the appropriate Health and Welfare and Pension Funds in such amounts as deter- mined on an annual basis by the Funds to be necessary to maintain the benefits then in effect. As determined by the Union Supplemental Negotiating Commit- tee, to maintain the Health and Welfare and Pension benefits, the Employer shall increase its contribution to all Teamsters Health and Welfare and Pension Plans, as follows: Effective 2023 (on the date previously established by the parties for payment of increases for the applicable funds but no later than August 1 of each year) the company shall also contribute an addi- tional $0.83 per hour to be split between the applicable health and welfare and pension funds as determined by the Union Supple- mental negotiating committee. For 2024 the increase shall be $0.63 per hour; for 2025 the increase shall be $0.80 per hour; for 2026 the increase shall be $0.99 per hour and for 2027 the increase shall be $1.21per hour. The Union Supplemental Negotiating Committee reserves will determine the right allocation of the negotiated contribution amounts to allocate the forty dol- lars ($40.00) weekly increase in contributions in the Pension Funds and/or appropriate Health and Hospital Fund on Welfare and/or Pension Funds. Effective August 1, 2009 2013, the trigger in all Supplements for qualifying for a week’s health and welfare contribution will be three (3) days, except for supplements that have a longer requirement. Those Supplements on an additional forty dollars ($40.00) weekly increase on August 1, 2010, an addi- tional forty dollars ($40) weekly increase on August 1, 2011 and an additional forty dollars ($40) weekly increase on August 1, 2012hourly con- tribution will continue their respective practices. The Supplemental negotiating Committees trigger for the obligation to make health and welfare contributions in Supplements that provide for a monthly-based contribution shall allocate remain the $40.00 per week ($1.00 per hour) increase on August 1, 2009, the $40.00 per week ($1.00 per hour) increase on August 1, 2010, the $40.00 per week ($1.00 per hour) increase on August 1, 2011, and the $40.00 per week ($1.00 per hour) increase on August 1, 2012, between the Pension and Health and Welfare funds within the area of the Joint National Master Freight Negotiating Committee. The Committees shall, in those Supplemental Agreements which include one (1) Pension Fund and multiple Health & Welfare Funds, first allocate that portion, if any, of the above indicated benefit increase to the Pension Fund subject to the approval of the Joint National Master Freight Negotiating Committee. The remaining amount, if any, shall be applied uniformly to each of the Health & Welfare Fundssame. Disputes or questions over interpretation concerning the require- ments to make contributions for employees shall be submitted to the New York State Joint Grievance Committee for decision. Such deci- sion shall be subject to the Health and Hospital Fund Board of Trustees Trust- ees for final approval.‌‌approval. If the Company refuses to honor a request for an increase from the applicable Fund, the matter shall proceed direct- ly to the National Grievance Committee for consideration. If the Na- tional Grievance Committee deadlocks, the request of the Fund shall prevail and be honored by the Company. Failure to comply within seventy-two (72) hours shall constitute an immediate delinquency. Section 2. Failure on the part of the Employer to regularly contribute as spec- ified herein above shall make him liable for all claims, damages, attorney fees, court costs, etc., plus all arrears in payment, plus ten percent (10%) penalty. In the event the Union suspends the opera- tions of a defaulting Employer, the Union shall not be bound by any arbitration or no strike clause in this Agreement. The Employer and the Union hereby agree simultaneously herewith to execute a stipu- lation stip- ulation submitted by the Health and Hospital Fund as negotiated for the Supplemental Freight Agreement and certifying that the Employer Em- ployer has entered into a written agreement containing such pro- visionsprovi- sions. The Fund Trustees may reserve the right to refuse to accept contributions from Employers who fail to execute such stipulation. Section 3. The Health and Hospital Fund shall be open to participation by any group of members belonging to a participating on by any group of members belonging to a participating Local Union and employees of a of a participating Employer not members of the Union, provided provid- ed all such employees are covered under the rules, regula- tions regulations and other requirements that are or may be required by the Trustees. Section 4. The New York State Teamsters Health and Hospital Fund may at any time check the payroll records of any and all employees of the Employer including owner-operators, lessors and employees of fleet owners covered by this Agreement, at a time mutually agreed upon, at no charge to the Employer, but in the event it is found that the Employer has not been complying with the Trust Fund provisions of the Agreement, the Employer shall pay the full cost of checking the books that may be necessary by the Trust Officials and, in addition, shall be responsible for any and all claims that were not covered and must pay whatever discrepancies that may exist to the Trust Fund and ten percent (10%) penalty. In the event an Employer is charged the cost of checking the books and feels it was unjustly charged, the Employer may appeal to the Joint State Committee.‌‌‌‌Committee. Section 5. By the execution of this Agreement the Employer authorizes the Employers’ Association which are parties hereto to designate the Employer Trustees under such Trust Agreement hereby waiving all notices thereof and ratifying all actions already taken or to be taken by such Trustees within the scope of their authority. Section 6. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence being effectiveef- fective, sufficient moneys to pay the required contributions into the Health and Hospital Fund during the period of absence. Section 7. There shall be no deductions from equipment rental or owner-oper- ators by virtue of contributions made to the Health and Hospital Fund, regardless of whether the equipment rental is at the minimum rate or more. Section 8. During the life of this Agreement it is agreed that upon becoming a member of the New York State Teamsters Health and Hospital fund and making payments to said fund provided for herein, the Employer shall be relieved of any and all responsibilities of provid- ing pro- viding any other or further insurance of health and welfare benefits than those provided by the New York State Teamsters Health and Hospital Fund. Section 9. The Employers agree to furnish such information as may be neces- sary concerning their employees including owner-operators, lessors les- sors and employees of fleet owners as will enable the Trust Fund to carry out its duty to furnish adequate coverage for such employees. Section 10. ‌‌‌ Should any of the provisions of the collective bargaining agreement be declared to be in violation of the Labor-Management Relations Act of 1947, as amended, or any other State or Federal statute or regulations, such declaration shall in no way impair the effective- ness of continuity of the provisions of this Agreement which estab- lish health and hospital benefits and provide for the payment of con- tributions contributions by the Employers to such Fund, and such provisions are hereby expressly declared to be saved from illegality. Section 11. Payments to the Fund must be paid by the Employer during em- ployee vacations. Section 12. If a regular employee is absent because of illness or off-the-job injury in- jury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on the job, the Employer shall continue to pay the required contributions until such employee employ- ee returns to work; however, such contributions shall not be paid for a period of more than twelve (12) months. (a) All actions or proceedings commenced by any applicant, employeeem- ployee, Local Union or Employer or anyone acting in their behalf, against the Health and Hospital Fund or the Trustees there- ofthereof, and any action commenced by said Trustees against any appli- cantapplicant, employeeem- ployee, Local Union or Employer, pertaining to the said Health and Hospital Fund in any of its aspects, shall be brought in the appropriate appro- priate court in the County of Onondaga, New York. It is specifically agreed that any action commenced in any other place shall be transferred trans- ferred to the County of Onondaga, New York. This contract provision relating to venue is necessitated by the fact that the Health and Hospital Fund Office, with all of its records and employees, is located in the County of Onondaga, New York. (b) All Emloyers Employers contributing hereunder shall post each month at each terminal, or other place of business where employees have easy access thereto, an exact copy of the remittance report form of contributions sent to the Fund.‌‌ Fund. All Employees must check the list each month and immediately noti- fy no- tify their Local Union and Employer if proper contributions have not been made in their behalf. Failure of the employees to check the list does not relieve the Employer of any and all liabilities thereunder. Section 14. The method of computation for contributions for a road driver shall be based upon a 27.77 mile per hour formula. One day equals 9 X x 27.77 or 250 miles. 1,000 miles equals the maximum contribution referred to herein.