HEALTH FUND. Section 8.1 Effective June 1, 2020, each Employer covered by this Agreement shall pay the amount as stated on Schedule B per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. All of the hourly contributions paid by Employers to the Trustees of the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund. Section 8.2 The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms of the Trust Agreement governing the establishment, administration and operation of the Wisconsin Laborers’ Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees in accordance with the Trust Agreement and Health Fund. Section 8.3 The parties to this Agreement, and all Employers covered thereby, hereby accept as trustees, the Trustees appointed under and in accordance with such Trust Agreement, and all succeeding Trustees as shall have been or will be appointed under and in accordance with such Trust Agreement. The Employers and the union hereby ratify all of the actions already taken or to be taken by such Trustees within the scope of their authority. Section 8.4 The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 of this Article. Section 8.5 The Trustees or Administrator of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement. Section 8.6 In the event it becomes necessary to commence any such legal equitable or administrative action for any of the purposes set forth in this section, the Employer involved shall be obligated to pay to the Health Fund the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papers.
Appears in 1 contract
Samples: Building Agreement
HEALTH FUND. Section 8.1 1. Effective June 1, 2020, each Employer covered by this Agreement shall pay the amount as stated on Schedule B in Article XIV per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000PO Box 8844, Xxxxx XxxxxxCarol Stream, XX 00000IL 60197-00008844. One check can be made payable to the WI Laborers’ Fringe Benefit Funds for Health, Wel-HRA, Apprenticeship & Training, LECET & Vacation/ Working Dues. All of the hourly contributions paid by Employers to the Trustees of the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 2. The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms of the Trust Agreement governing the establishment, administration and operation of the Wisconsin Laborers’ Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees in accordance with the Trust Agreement and Health Fund.,
Section 8.3 3. The parties to this Agreement, and all Employers covered thereby, hereby accept as trustees, the Trustees appointed under and in accordance with such Trust Agreement, and all succeeding Trustees as shall have been or will be appointed under and in accordance with such Trust Agreement. The Employers and the union hereby ratify all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 4. The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 1 of this Article.
Section 8.5 5. The Trustees or Administrator of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments pay- ments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement.
Section 8.6 6. In the event it becomes necessary to commence any such legal equitable or administrative action for any of the purposes set forth in this section, the Employer involved shall be obligated to pay to the Health Fund the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papers.
Appears in 1 contract
Samples: Collective Bargaining Agreement
HEALTH FUND. Section 8.1 Effective June 14, 20202018, each Employer covered by this Agreement shall pay the amount as stated on Schedule B per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. All of the hourly contributions paid by Employers to the Trustees of the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms of the Trust Agreement governing the establishment, administration and operation of the Wisconsin Laborers’ Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees in accordance with the Trust Agreement and Health Fund.
Section 8.3 The parties to this Agreement, and all Employers covered thereby, hereby accept as trustees, the Trustees appointed under and in accordance with such Trust Agreement, and all succeeding Trustees as shall have been or will be appointed under and in accordance with such Trust Agreement. The Employers and the union hereby ratify all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 of this Article.
Section 8.5 The Trustees or Administrator of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement.
Section 8.6 In the event it becomes necessary to commence any such legal equitable or administrative action for any of the purposes set forth in this section, the Employer involved shall be obligated to pay to the Health Fund the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papers.
Appears in 1 contract
Samples: Building Agreement
HEALTH FUND. Section 8.1 1. Effective June 1, 20202013, each Employer covered by this Agreement shall pay the amount as stated on Schedule B per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844Dept. #5508, X.X. Xxx 0000, Xxxxx XxxxxxXxxxxxxxx, XX 00000-0000. All of the hourly contributions paid by Employers to the Trustees of the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 2. The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms of the Trust Agreement governing the establishment, administration and operation opera- tion of the Wisconsin Laborers’ Health Fund, and of the Plan established estab- lished there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees in accordance with the Trust Agreement and Health Fund.
Section 8.3 3. The parties to this Agreement, and all Employers covered thereby, hereby accept as trustees, the Trustees appointed under and in accordance with such Trust Agreement, and all succeeding suc- ceeding Trustees as shall have been or will be appointed under and in accordance with such Trust Agreement. The Employers and the union hereby ratify all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 4. The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 of this Article.and
Section 8.5 5. The Trustees or Administrator of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments pay- ments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement.
Section 8.6 6. In the event it becomes necessary to commence any such legal equitable or administrative action for any of the purposes set forth in this section, the Employer involved shall be obligated to pay to the Health Fund the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papers.
Appears in 1 contract
Samples: Collective Bargaining Agreement
HEALTH FUND. Section 8.1 1. Effective June 1, 20202017, each Employer covered by this Agreement shall pay the amount as stated on Schedule B per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. XX Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. One check can be made payable to the WI Laborers’ Fringe Benefit Funds for Health, Wel-HRA, Apprenticeship & Training, LECET & Vacation/Working Dues. All of the hourly contributions paid by Employers to the Trustees of the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 2. The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms of the Trust Agreement governing the establishment, administration and operation opera- tion of the Wisconsin Laborers’ Health Fund, and of the Plan established estab- lished there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees in accordance with the Trust Agreement and Health Fund.Trust
Section 8.3 3. The parties to this Agreement, and all Employers covered thereby, hereby accept as trustees, the Trustees appointed under and in accordance with such Trust Agreement, and all succeeding suc- ceeding Trustees as shall have been or will be appointed under and in accordance with such Trust Agreement. The Employers and the union hereby ratify all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 4. The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section Sec. 8.1 of this Article.
Section 8.5 5. The Trustees or Administrator of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments pay- ments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement.
Section 8.6 6. In the event it becomes necessary to commence any such legal equitable or administrative action for any of the purposes set forth in this section, the Employer involved shall be obligated to pay to the Health Fund the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papers.
Appears in 1 contract
Samples: Collective Bargaining Agreement
HEALTH FUND. Section 8.1 Effective June 1, 2020, each (a) Each Employer covered by this Agreement shall pay monthly to the amount as stated on Schedule B Wisconsin Masons Health Care Fund the sum of ten dollars and twenty cents ($10.20) per hour effective May 30, 2022 through May 31, 2023 for each hour worked by all Employees (whether Union members or not) and for each Employee covered by this Agreement Agreement.
(b) If the Trustees determine that as of May 31, 2023 that an additional amount is needed to maintain the level of benefits existing at those times, the additional amount(s) needed to maintain such existing level of benefits will be diverted from the wage increases due on June 5, 2023 and June 3, 2024 and will be paid as an increased Health Fund contribution. Upon the Trustees' notification to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. All BAC of the hourly contributions paid by Employers additional amount(s) needed to maintain the Trustees level of benefits existing at those times, the Wisconsin Laborers’ Health Fund BAC shall become part of notify the trust fund of such Health Fund Association and shall be used for health the Employer, and welfare benefits, administrative costs and as may otherwise be prescribed the Employer agrees it will make the corresponding adjustment(s) in the Trust Agreement governing such Fundhourly wage rates and contributions.
Section 8.2 (c) The parties to this AgreementAssociations and the BAC, and all Employers covered therebyby this Agreement, agree to be bound by all of the terms of the Wisconsin Masons Health Care Fund Trust Agreement governing and by all the establishment, administration and operation actions of the Wisconsin Laborers’ Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees administering such Fund in accordance with the Trust Agreement Agreement, Plan and Health Fund.
Section 8.3 The parties to rules of the Trustees, provided that such Trust Agreement, Plan and rules shall not be inconsistent with this Agreement, and all Employers . Each Employer covered thereby, by this Agreement hereby accept accepts as trustees, Trustees the Trustees appointed under said Trust Agreement by the (ACEA) and the BAC respectively, and all such succeeding Trustees as will be appointed in accordance with such Trust Agreement, and all succeeding Trustees as shall have been or will be appointed under and in accordance with such the Trust Agreement. The Employers and the union Employer hereby ratify ratifies all of the actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority.
Section 8.4 The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments (d) It is agreed that all matters pertaining to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 Trust Document, but not affecting this Labor Agreement, be referred to the Trustees of this Article.
Section 8.5 The Trustees Fund for adjustment or Administrator settlement during the life of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement.
Section 8.6 16.2. (a) Payments to the Health Fund are to be made at the end of each month in which the work was performed, but no later than the fifteenth (15th) day of the following month, after which time the payments will be considered to be delinquent. In the event it an Employer becomes necessary delinquent in his payments to commence any such legal equitable or administrative action for any the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said delinquency, and in view of the purposes set forth fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in this sectionsuch event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employer involved shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1-1/2%) per month on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay pay, in addition to the Health Fund the audit feessuch liquidated damages and interest charges, reasonable attorneys’ fees, as well as court reporter fees, filing ' fees and the actual any other costs of effecting services of papersand expenses reasonably arising in connection with any collection action.
Appears in 1 contract
Samples: Collective Bargaining Agreement
HEALTH FUND. Section 8.1 1. Effective June 120, 20202011, each Employer covered by this Agreement shall pay the amount as stated on Schedule B sum of seven dollars eighty cents ($7.80) per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The the Wisconsin Laborers’ Health FundFringe Benefit Funds, Box 684001, Xxxxxxxxx, XX 00000-0000. These payments shall be made not later than the 15th day of each month following the month for which payment is being made.
Section 2. Payments to such Health Fund The Association and the Union, and all Employers are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. All covered by all the terms of the hourly contributions paid by Employers to the Trustees of Trust Agreement creating the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms actions and rules of the Trust Agreement governing the establishment, administration and operation of the Wisconsin Laborers’ Trustees administering such Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees Funds in accordance with the Trust Agreement and Health Fund.
Section 8.3 The parties to regulations of the Trustees, provided that such Trust Agreement, actions, regulations and rules shall not be inconsistent with this Agreement, and all Employers . Each Employer covered thereby, by this Agreement hereby accept accepts as trustees, Trustees the Trustees appointed under and in accordance with such Trust Agreement, Agreement and all succeeding Trustees as shall have been or will be appointed under and in accordance with such the Trust Agreement. The Employers and the union hereby ratify Such Employer ratifies all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 3. The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the any Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 1 of this Article.
Section 8.5 4. The Trustees or Administrator administrator of the several Pension, Vacation and Health Fund, & Welfare Fund (to which Fund fund payments are were required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement ) may for the purposes purpose of collecting any payments required to be made to such Fundsfunds, including damages and costscost, or to enforce and for the purpose of enforcing rules of the Trustees Trustees, concerning the inspection and audit of payroll records, seek any appropriate relief and they shall not be required to invoke or resort to the grievance or arbitration procedures procedure otherwise provided for in this Agreement.
Section 8.6 In 5. Notwithstanding any other provisions of this Agreement, the Union may remove the Employees from any job site in the event it becomes necessary that the Employer is delinquent in payments including liquidated damages. If the Employees are removed from the job by the Union to commence any such legal equitable or administrative action for any of the purposes set forth in this sectionenforce delinquent payments, including liquidated damages, the Employer involved Employee shall be obligated to pay to paid by the Health Fund delinquent Employer for all lost time at the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papersstraight time hourly rate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
HEALTH FUND. Section 8.1 1. Effective June May 1, 2020, each Employer covered by this Agreement shall pay the amount as stated on Schedule B sum of eight dollars and eighty cents ($8.80) per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The the Wisconsin Laborers’ Health FundFringe Benefit Funds, Box 684001, Xxxxxxxxx, XX 00000-0000. These payments shall be made not later than the 15th day of each month following the month for which payment is being made.
Section 2. Payments to such Health Fund The Association and the Union, and all Employers are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. All covered by all the terms of the hourly contributions paid by Employers to the Trustees of Trust Agreement creating the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms actions and rules of the Trust Agreement governing the establishment, administration and operation of the Wisconsin Laborers’ Trustees administering such Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees Funds in accordance with the Trust Agreement and Health Fund.
Section 8.3 The parties to regulations of the Trustees, provided that such Trust Agreement, actions, regulations and rules shall not be inconsistent with this Agreement, and all Employers . Each Employer covered thereby, by this Agreement hereby accept accepts as trustees, Trustees the Trustees appointed under and in accordance with such Trust Agreement, Agreement and all succeeding Trustees as shall have been or will be appointed under and in accordance with such the Trust Agreement. The Employers and the union hereby ratify Such Employer ratifies all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 3. The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the any Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 1 of this Article.
Section 8.5 4. The Trustees or Administrator administrator of the several Pension, Vacation and Health Fund, & Welfare Fund (to which Fund fund payments are were required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement ) may for the purposes purpose of collecting any payments required to be made to such Fundsfunds, including damages and costscost, or to enforce and for the purpose of enforcing rules of the Trustees Trustees, concerning the inspection and audit of payroll records, seek any appropriate relief and they shall not be required to invoke or resort to the grievance or arbitration procedures procedure otherwise provided for in this Agreement.
Section 8.6 In 5. Notwithstanding any other provisions of this Agreement, the Union may remove the Employees from any job site in the event it becomes necessary that the Employer is delinquent in payments including liquidated damages. If the Employees are removed from the job by the Union to commence any such legal equitable or administrative action for any of the purposes set forth in this sectionenforce delinquent payments, including liquidated damages, the Employer involved Employee shall be obligated to pay to paid by the Health Fund delinquent Employer for all lost time at the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papersstraight time hourly rate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
HEALTH FUND. Section 8.1 Effective June 1, 20202017, each Employer covered by this Agreement shall pay the amount as stated on Schedule B per hour for each hour worked by all Employees (whether Union members or not) covered by this Agreement to the Trustees of The Wisconsin Laborers’ Health Fund. These payments shall be made not later than the 15th day of each month following the month for which payment is being made. Payments to such Health Fund are to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000. All of the hourly contributions paid by Employers to the Trustees of the Wisconsin Laborers’ Health Fund shall become part of the trust fund of such Health Fund and shall be used for health and welfare benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund.
Section 8.2 The parties to this Agreement, and all Employers covered thereby, agree to be bound by all of the terms of the Trust Agreement governing the establishment, administration and operation of the Wisconsin Laborers’ Health Fund, and of the Plan established there under, amended from time to time, and, further, agree to be bound by all of the actions, rules and regulations heretofore and hereafter adopted by the Trustees in accordance with the Trust Agreement and Health Fund.,
Section 8.3 The parties to this Agreement, and all Employers covered thereby, hereby accept as trustees, the Trustees appointed under and in accordance with such Trust Agreement, and all succeeding Trustees as shall have been or will be appointed under and in accordance with such Trust Agreement. The Employers and the union hereby ratify all of the actions already taken or to be taken by such Trustees within the scope of their authority.
Section 8.4 The Trustees are hereby authorized to establish a schedule of liquidated damages to be assessed against, and to be paid by, the Employer who fails to make timely payments to the Wisconsin Laborers’ Health Fund in accordance with Section 8.1 of this Article.
Section 8.5 The Trustees or Administrator of the Health Fund, to which Fund payments are required to be made by the Employers under this Agreement, are authorized by the parties hereto to seek any appropriate legal, equitable, or administrative relief to enforce the terms of this Agreement for the purposes of collecting any payments required to be made to such Funds, including damages and costs, or to enforce rules of the Trustees concerning the inspection and audit of payroll records, and shall not be required to invoke or resort to the grievance or arbitration procedures otherwise provided for in this Agreement.
Section 8.6 In the event it becomes necessary to commence any such legal equitable or administrative action for any of the purposes set forth in this section, the Employer involved shall be obligated to pay to the Health Fund the audit fees, reasonable attorneys’ fees, as well as court reporter fees, filing fees and the actual costs of effecting services of papers.
Appears in 1 contract
Samples: Building Agreement