Common use of Health and Welfare Fund Clause in Contracts

Health and Welfare Fund. (a) Employers bound by this Agreement shall pay the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered Health and Welfare Fund. Contributions shall be remitted not later than the fifteenth (15th) day of the following month to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 Xxxxxx, Xxxxxxxx, Xxxxxxx, X0X 0X0. (b) Employers bound by this Collective Agreement shall also be bound by the Trust Agreement, and any amendments to the Trust Agreement, which has established the Asbestos Workers' Insurance Benefit Trust Fund of Alberta. The Employers shall not, however, be bound to any amendment to the Trust Agreement which has the effect of making the Employers, or any individual Employer, liable to the Trust Fund for an amount greater than the contributions which the Employer is required by this Collective Agreement to remit to the Fund, together with any reasonable liquidated damages, legal fees and disbursements which the Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (4) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate.

Health and Welfare Fund. (a) Employers bound by 1. The parties to this Agreement shall pay agree to maintain a Trust Fund known as the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered IUPAT District Council No. 51 Health and Welfare Fund. Contributions The purpose of this Fund is to provide life insurance, sick benefits, hospitalization, medical fees, accident, surgical and dismemberment benefits for, but not limited to, eligible journeypersons, apprentices, and their families, in such form and amount as the Trustees of the Fund may determine. 2. The Fund shall be remitted not later than the fifteenth (15th) day administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the following month Employers and the Union, which Agreement and Declaration of Trust together with any amendments thereto which may be adopted shall be considered as part of this Agreement as though set forth here in full. The parties to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 Xxxxxx, Xxxxxxxx, Xxxxxxx, X0X 0X0. (b) Employers bound by this Collective Agreement shall also agree to be bound by all actions taken by the Trust Agreement, and any amendments Trustees pursuant to the Trust Agreement, which has established the Asbestos Workers' Insurance Benefit Trust Fund Agreement and Declaration of AlbertaTrust. 3. The Employers shall notEmployer agrees to contribute an amount for each hour worked, howeverincluding overtime hours, be bound to any amendment to the Trust Agreement which has the effect of making the Employersby each journeyperson and apprentice, or any individual Employer, liable in their employ to the Trust Fund for an amount greater than at such time and in such manner as the contributions which Trustees require. The Trustees shall have the authority to have a representative selected by them audit the payroll and wage records of the Employer is required by this Collective Agreement to remit for the purpose of determining the accuracy of contributions to the Trust Fund, together . The contribution required herein shall be sent to the administrator of the Trust Fund in accordance with any reasonable liquidated damages, legal fees and disbursements which the schedule detailed in Article XXIX Section 1. 4. Each Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs on deposit with the Trustees of the Trust Fund that it is reasonable the sum of one thousand five hundred dollars ($1,500) or a Surety Bond in the amount of five thousand dollars ($5,000), as a minimum and appropriate not to require exceed an amount of fifty thousand dollars ($50,000) on the date of signing this Agreement. In lieu of a “bond”, a “Letter of Credit” or “Certified Check” to be held in escrow (no interest to be paid) will be acceptable. Once any of the acceptable forms of deposit have been made, the Employer will not be required to make such a deposit again, unless a violation for non-payment has been committed whereby the Trustees are required to file a claim against the original Bond, Certified Check or Letter of Credit, for which the Trustees may then order the Employer to pay those costs and expenses; and (4) post a new or higher deposit amount, or as the Trustees otherwise deem appropriate under the circumstances. 5. All Employers from jurisdictions other than the jurisdiction of District Council No. 51 may be required to deposit with the Trustees at the time they become parties to this Agreement the sum of one thousand five hundred dollars ($1,500) or a Surety Bond, Certified Check, or Letter of Credit in the amount of five thousand dollar ($5,000), as a minimum, and not to exceed an amount of fifty thousand dollars ($50,000) with the Trust Funds. Such Employers from other jurisdictions shall contribute to the Trust Fund have considered all currently an amount for each hour worked, including overtime hours each journeyperson and apprentice, including temporary employees in their employ; in accordance with the schedule detailed in Article XXIX Section 1; provided, however, that upon the completion of jobs to be performed within the jurisdiction of District Council No. 51, such deposit may be credited against the per hour contributions owed for the final period and the excess deposit, if any, as of the circumstances under which time of final payroll period shall be returned to the aforesaid Employer. 6. An Employer who fails to make contributions to this Trust Fund on the due date (25th of each month) and in the manner determined by the Trustees shall be considered to have violated this Agreement and may be rendered ineligible to hire members of the Union, as determined by the Union, provided that such ineligibility shall not serve to terminate this Agreement and shall not relieve the Employer has failed from its continuing obligation to pay comply with the Agreed Amount by an amount equaling or exceeding five (5%) percent terms of this Agreement. The Union and/or the Trustees shall have the right to take whatever steps are necessary to secure compliance with this Agreement, including the removal of manpower. The Employer shall be liable for all statutory remedies available under ERISA statute 29 U.S.C. 1132(g)(2), including interest, liquidated damages equal to 20% of the Agreed Amountdelinquent principal, audit costs, and all costs of collection of the payments due plus attorneys’ fees and costs. The Employer’s liability for payment of any amount under this Article shall not be subject to or covered by any grievance or arbitration procedure or any “no-strike” clause which may be set forth in this Agreement; however, the Trustees after considering may in their discretion submit disputes regarding collections, liquidated damages and any and all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions amounts due to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then arbitration through the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estateAmerican Arbitration Association.

Health and Welfare Fund. (a) Employers bound by this Agreement shall pay the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered Health and Welfare Fund. Contributions shall be remitted not later than the fifteenth (15th) day of the following month to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 0000 – 00 Xxxxxx, Xxxxxxxx, Xxxxxxx, Xxxxxxx X0X 0X0. (b) Employers bound by this Collective Agreement shall also be bound by the Trust Agreement, and any amendments to the Trust Agreement, which has established the Asbestos Workers' Insurance Benefit Trust Fund of Alberta. The Employers shall not, however, be bound to any amendment to the Trust Agreement which has the effect of making the Employers, or any individual Employer, liable to the Trust Fund for an amount greater than the contributions which the Employer is required by this Collective Agreement to remit to the Fund, together with any reasonable liquidated damages, legal fees and disbursements which the Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1i) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2ii) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3iii) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (4iv) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate.,

Health and Welfare Fund. (a) Employers bound by this Agreement shall pay the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered Health and Welfare Fund. Contributions shall be remitted not later than the fifteenth (15th) day of the following month to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 0000 – 00 Xxxxxx, Xxxxxxxx, Xxxxxxx, Xxxxxxx X0X 0X0. (b) Employers bound by this Collective Agreement shall also be bound by the Trust Agreement, and any amendments to the Trust Agreement, which has established the Asbestos Workers' Insurance Benefit Trust Fund of Alberta. The Employers shall not, however, be bound to any amendment to the Trust Agreement which has the effect of making the Employers, or any individual Employer, liable to the Trust Fund for an amount greater than the contributions which the Employer is required by this Collective Agreement to remit to the Fund, together with any reasonable liquidated damages, legal fees and disbursements which the Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (4) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate.

Health and Welfare Fund. (a) Employers bound The Contractor agrees to contribute the sum agreed on in Article XIII for each hour worked to each employee covered by this Agreement shall pay and employed by the amount indicated in contractor, to the wage schedule trustees of the Ohio Laborers’ District Council - Ohio Contractor Association Insurance Fund, for all the purpose of providing health, welfare and other benefits for the employees as established by the Trust Agreement between the parties and as it may be amended from time-to-time hereafter. Reports of employees who have worked, the number of hours that they have been paid, and such other data and information as may be required by the trustees of the fund for the efficient operation thereof, and the said amounts per hour for each such employee for each hour worked by employees engaged in the insulation trade into a jointly administered Health and Welfare Fund. Contributions shall be remitted not later than transmitted to the fifteenth (15th) offices of the fund by the 15th day of each month for the following calendar month immediately preceding the reporting date. The provisions of this Article shall cover all members of Construction Builders Association and all contractors who hereafter become signatory to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 Xxxxxx, Xxxxxxxx, Xxxxxxx, X0X 0X0. (b) Employers bound by this Collective Agreement shall also be bound by Agreement. The provisions of the Trust Agreement, rules of eligibility and regulations created by the trustees for the administration of the fund, are a part of this Agreement and incorporated herein by reference as if fully rewritten, and binding upon the parties thereto and the beneficiaries. Notwithstanding any amendments other provisions of this Labor Agreement, any contractor obligated to contribute to the Trust Agreementfund and who fails to do so and becomes delinquent under the regulations established by the trustees for receipt of contributions, which and after the Union has established the Asbestos Workers' Insurance Benefit Trust Fund of Alberta. The Employers shall not, however, be bound to any amendment given written notice to the Trust Agreement which has contractor of such delinquency, the effect of making Union shall have the Employers, or any individual Employer, liable right to direct the Trust Fund for an amount greater than covered employees to withhold their labor until the contributions which are owing are paid in full. In addition, the Employer is required by this Collective Agreement Union and/or the trustees of the fund retain the right to remit take any legal or other appropriate action as may be deemed necessary to collect delinquent payments. The trustees of the fund may notify a contractor that an audit will be made of his payroll records to determine if correct payments are being made to the Fund, together with any reasonable liquidated damages, legal fees and disbursements which the Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (4) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amountfund, and the Trustees after considering all of the circumstances are satisfied that it is reasonable contractor shall comply and appropriate to require the Employer to pay those costs cooperate with requests for any such audit and expensesinspection. The Trustees may waive provisions and terms of this Article are not subject to or suitable for arbitration by the payment terms of all this Agreement or any part of such costs or expensesother Agreement. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate.

Health and Welfare Fund. (a) Employers bound by a. The parties to this Agreement shall pay agree to maintain a Trust Fund known as the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered IUPAT District Council No. 51 Health and Welfare Fund. Contributions The purpose of this Fund is to provide life insurance, sick benefits, hospitalization, medical fees, accident, surgical and dismemberment benefits for, but not limited to, eligible journeypersons, apprentices, and their families, in such form and amount as the Trustees of the Fund may determine. b. The Fund shall be remitted not later than the fifteenth (15th) day administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the following month Employers and the Union, which Agreement and Declaration of Trust together with any amendments thereto which may be adopted shall be considered as part of this Agreement as though set forth here in full. The parties to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 Xxxxxx, Xxxxxxxx, Xxxxxxx, X0X 0X0. (b) Employers bound by this Collective Agreement shall also agree to be bound by all actions taken by the Trust Agreement, and any amendments Trustees pursuant to the Trust AgreementAgreement and Declaration of Trust. c. The Employer agrees to contribute an amount for each hour worked, which has established the Asbestos Workers' Insurance Benefit Trust Fund of Alberta. The Employers shall notincluding overtime hours, howeverby each journeyperson and apprentice, be bound to any amendment to the Trust Agreement which has the effect of making the Employers, or any individual Employer, liable in their employ to the Trust Fund for an amount greater than at such time and in such manner as the contributions which Trustees require. The Trustees shall have the authority to have a representative selected by them audit the payroll and wage records of the Employer is required by this Collective Agreement to remit for the purpose of determining the accuracy of contributions to the Trust Fund, together . The contribution required herein shall be sent to the administrator of the Trust Fund in accordance with any reasonable liquidated damages, legal fees and disbursements which the schedule detailed in Article XXIX Section 1. d. Each Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs on deposit with the Trustees of the Trust Fund that it is reasonable the sum of one thousand five hundred dollars ($1,500) or a Surety Bond in the amount of five thousand dollars ($5,000), as a minimum and appropriate not to require exceed an amount of fifty thousand dollars ($50,000) on the date of signing this Agreement. In lieu of a “bond”, a “Letter of Credit” or “Certified Check” to be held in escrow (no interest to be paid) will be acceptable. Once any of the acceptable forms of deposit have been made, the Employer will not be required to make such a deposit again, unless a violation for non- payment has been committed whereby the Trustees are required to file a claim against the original Bond, Certified Check or Letter of Credit, for which the Trustees may then order the Employer to pay those costs and expenses; and (4) post a new or higher deposit amount, or as the Trustees otherwise deem appropriate under the circumstances. e. All Employers from jurisdictions other than the jurisdiction of District Council No. 51 may be required to deposit with the Trustees at the time they become parties to this Agreement the sum of one thousand five hundred dollars ($1,500) or a Surety Bond, Certified Check, or Letter of Credit in the amount of five thousand dollar ($5,000), as a minimum, and not to exceed an amount of fifty thousand dollars ($50,000) with the Trust Funds. Such Employers from other jurisdictions shall contribute to the Trust Fund have considered all currently an amount for each hour worked, including overtime hours each journeyperson and apprentice, including temporary employees in their employ; in accordance with the schedule detailed in Article XXIX Section 1; provided, however, that upon the completion of jobs to be performed within the jurisdiction of District Council No. 51, such deposit may be credited against the per hour contributions owed for the final period and the excess deposit, if any, as of the circumstances under which time of final payroll period shall be returned to the aforesaid Employer. f. An Employer who fails to make contributions to this Trust Fund on the due date (25th of each month) and in the manner determined by the Trustees shall be considered to have violated this Agreement and may be rendered ineligible to hire members of the Union, as determined by the Union, provided that such ineligibility shall not serve to terminate this Agreement and shall not relieve the Employer has failed from its continuing obligation to pay comply with the Agreed Amount by an amount equaling or exceeding five (5%) percent terms of this Agreement. The Union and/or the Trustees shall have the right to take whatever steps are necessary to secure compliance with this Agreement, including the removal of manpower. The Employer shall be liable for all statutory remedies available under ERISA statute 29 U.S.C. 1132(g)(2), including interest, liquidated damages equal to 20% of the Agreed Amountdelinquent principal, audit costs, and all costs of collection of the payments due plus attorneys’ fees and costs. The Employer’s liability for payment of any amount under this Article shall not be subject to or covered by any grievance or arbitration procedure or any “no-strike” clause which may be set forth in this Agreement; however, the Trustees after considering may in their discretion submit disputes regarding collections, liquidated damages and any and all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions amounts due to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then arbitration through the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estateAmerican Arbitration Association.

Health and Welfare Fund. (a) Employers bound by this Agreement shall pay the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered Health and Welfare Fund. Contributions shall be remitted not later than the fifteenth (15th) day of the following month to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 0000 – 00 Xxxxxx, Xxxxxxxx, Xxxxxxx, Xxxxxxx X0X 0X0. (b) Employers bound by this Collective Agreement shall also be bound by the Trust Agreement, and any amendments to the Trust Agreement, which has established the Asbestos Workers' Insurance Benefit Trust Fund of Alberta. The Employers shall not, however, be bound to any amendment to the Trust Agreement which has the effect of making the Employers, or any individual Employer, liable to the Trust Fund for an amount greater than the contributions which the Employer is required by this Collective Agreement to remit to the Fund, together with any reasonable liquidated damages, legal fees and disbursements which the Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1i) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2ii) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3iii) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (4iv) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate.

Health and Welfare Fund. (a) Employers bound by The parties to this Agreement shall pay agree to maintain a Trust Fund known as the amount indicated in the wage schedule for all hours worked by employees engaged in the insulation trade into a jointly administered IUPAT District Council No. 51 Health and Welfare Fund. Contributions The purpose of this Fund is to provide life insurance, sick benefits, hospitalization, medical fees, accident, surgical and dismemberment benefits for, but not limited to, eligible journeypersons, apprentices, and their families, in such form and amount as the Trustees of the Fund may determine. 1. The Fund shall be remitted not later than the fifteenth (15th) day administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the following month Employers and the Union, which Agreement and Declaration of Trust together with any amendments thereto which may be adopted shall be considered as part of this Agreement as though set forth here in full. The parties to the Asbestos Workers Insurance Benefit Trust Fund, 00000 - 000 Xxxxxx, Xxxxxxxx, Xxxxxxx, X0X 0X0. (b) Employers bound by this Collective Agreement shall also agree to be bound by all actions taken by the Trust Agreement, and any amendments Trustees pursuant to the Trust Agreement, which has established the Asbestos Workers' Insurance Benefit Trust Fund Agreement and Declaration of AlbertaTrust. 2. The Employers shall notEmployer agrees to contribute an amount for each hour worked, howeverincluding overtime hours, be bound to any amendment to the Trust Agreement which has the effect of making the Employersby each journeyperson and apprentice, or any individual Employer, liable in their employ to the Trust Fund for an amount greater than at such time and in such manner as the contributions which Trustees require. The Trustees shall have the authority to have a representative selected by them audit the payroll and wage records of the Employer is required by this Collective Agreement to remit for the purpose of determining the accuracy of contributions to the Trust Fund, together . The contribution required herein shall be sent to the administrator of the Trust Fund in accordance with any reasonable liquidated damages, legal fees and disbursements which the schedule detailed in Article XXIX Section 1. 3. Each Employer may be required to pay by reason of the Employer not remitting such contributions to the Trust Fund as are required by this Collective Agreement. (1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs on deposit with the Trustees of the Trust Fund that it is reasonable the sum of one thousand five hundred dollars ($1,500) or a Surety Bond in the amount of five thousand dollars ($5,000), as a minimum and appropriate not to require exceed an amount of fifty thousand dollars ($50,000) on the date of signing this Agreement. In lieu of a “bond”, a “Letter of Credit” or “Certified Check” to be held in escrow (no interest to be paid) will be acceptable. Once any of the acceptable forms of deposit have been made, the Employer will not be required to make such a deposit again, unless a violation for non-payment has been committed whereby the Trustees are required to file a claim against the original Bond, Certified Check or Letter of Credit, for which the Trustees may then order the Employer to pay those costs and expenses; and (4) post a new or higher deposit amount, or as the Trustees otherwise deem appropriate under the circumstances. 4. All Employers from jurisdictions other than the jurisdiction of District Council No. 51 may be required to deposit with the Trustees at the time they become parties to this Agreement the sum of one thousand five hundred dollars ($1,500) or a Surety Bond, Certified Check, or Letter of Credit in the amount of five thousand dollar ($5,000), as a minimum, and not to exceed an amount of fifty thousand dollars ($50,000) with the Trust Funds. Such Employers from other jurisdictions shall contribute to the Trust Fund have considered all currently an amount for each hour worked, including overtime hours each journeyperson and apprentice, including temporary employees in their employ; in accordance with the schedule detailed in Article XXIX Section 1; provided, however, that upon the completion of jobs to be performed within the jurisdiction of District Council No. 51, such deposit may be credited against the per hour contributions owed for the final period and the excess deposit, if any, as of the circumstances under which time of final payroll period shall be returned to the aforesaid Employer. 5. An Employer who fails to make contributions to this Trust Fund on the due date (25th of each month) and in the manner determined by the Trustees shall be considered to have violated this Agreement and may be rendered ineligible to hire members of the Union, as determined by the Union, provided that such ineligibility shall not serve to terminate this Agreement and shall not relieve the Employer has failed from its continuing obligation to pay comply with the Agreed Amount by an amount equaling or exceeding five (5%) percent terms of this Agreement. The Union and/or the Trustees shall have the right to take whatever steps are necessary to secure compliance with this Agreement, including the removal of manpower. The Employer shall be liable for all statutory remedies available under ERISA statute 29 U.S.C. 1132(g)(2), including interest, liquidated damages equal to 20% of the Agreed Amountdelinquent principal, audit costs, and all costs of collection of the payments due plus attorneys’ fees and costs. The Employer’s liability for payment of any amount under this Article shall not be subject to or covered by any grievance or arbitration procedure or any “no-strike” clause which may be set forth in this Agreement; however, the Trustees after considering may in their discretion submit disputes regarding collections, liquidated damages and any and all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions amounts due to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then arbitration through the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable trust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estateAmerican Arbitration Association.