Common use of HEALTH & WELFARE AND PENSION DELINQUENCIES Clause in Contracts

HEALTH & WELFARE AND PENSION DELINQUENCIES. Notwithstanding anything herein contained, in the event the Em- ployer is delinquent at the end of a period in the payment of contri- butions to the Health and Welfare or Pension Fund or Funds, re- quired to be paid under this Agreement of Supplement hereto, in accordance with the rules and regulations of the Trustees of such funds, after the proper official of the Union has given five (5) days written notice, excluding Saturdays, Sundays or holidays, to the Employer of such delinquency in payments, the employees or the Union shall have the right to take any legal or economic action they see fit against the Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable to the employee for any and all benefits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the payment of such contributions. The em- ployee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay court costs and a reasonable attorney’s fee.

HEALTH & WELFARE AND PENSION DELINQUENCIES. Notwithstanding anything herein contained, in the event the Em- ployer is delinquent at the end of a period in the payment of contri- butions con- tributions to the Health and Welfare or Pension Fund or Funds, re- quired to be paid under this Agreement of Supplement hereto, in accordance with the rules and regulations of the Trustees of such funds, after the proper official of the Union has given five (5) days written notice, excluding Saturdays, Sundays or holidays, to the Employer of such delinquency in payments, the employees or the Union shall have the right to take any legal or economic action they see fit against the Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable to the employee for any and all benefits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the payment of such contributions. The em- ployee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay court costs and a reasonable attorney’s fee.

HEALTH & WELFARE AND PENSION DELINQUENCIES. Notwithstanding anything herein contained, in the event the Em- ployer Employer is delinquent at the end of a period in the payment of contri- butions con- tributions to the Health and Welfare or Pension Fund or Funds, re- quired required to be paid under this Agreement of Supplement hereto, in accordance with the rules and regulations of the Trustees of such funds, after the proper official of the Union has given five (5) days written notice, excluding Saturdays, Sundays or holidays, to the Employer of such delinquency in payments, the employees or the Union shall have the right to take any legal or economic action they see fit against the Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable to the employee for any and all benefits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the payment of such contributions. The em- ployee employee shall have the right to bring legal action to obtain payment pay- ment of such benefits. In any such action, the Employer shall pay court costs and a reasonable attorney’s fee.

HEALTH & WELFARE AND PENSION DELINQUENCIES. Notwithstanding anything herein contained, in the event the Em- ployer is delinquent at the end of a period in the payment of contri- butions con- tributions to the Health and Welfare or Pension Fund or Funds, re- quired Article 16-17 required to be paid under this Agreement of Supplement hereto, in accordance with the rules and regulations of the Trustees of such funds, after the proper official of the Union has given five (5) days written notice, excluding Saturdays, Sundays or holidaysholi- days, to the Employer of such delinquency in payments, the employees em- ployees or the Union shall have the right to take any legal or economic action they see fit against the Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer Em- ployer shall be liable to the employee for any and all benefits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the payment of such contributions. The em- ployee employee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay court costs and a reasonable attorney’s fee.