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

HEALTH & WELFARE AND PENSION DELINQUENTS. Notwithstanding anything herein contained, in the event any Em- ployer is delinquent at the end of a period in the payment of his contribution to the Health & Welfare or Pension Fund or Funds, required to be paid under this Agreement or any 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 and 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 such Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable to the Trustees of the Health and Welfare and Pension Fund or Funds for all delinquent amounts and to the employees for any and all ben- efits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the pay- ment of such contributions. The Trustees shall have the right to bring legal action to collect delinquent amounts or the employee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay (a) court costs and a reason- able attorney’s fee or (b) in the case of the collection of delinquent amounts by the Trustees or by their agents, which collection does not require the institution of a lawsuit, the collection cost involved.

HEALTH & WELFARE AND PENSION DELINQUENTS. Notwithstanding Not withstanding anything herein contained, in the event any Em- ployer Employer is delinquent at the end of a period in the payment of his contribution to the Health & Welfare or Pension Fund or Funds, required to be paid under this Agreement or any 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 and 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 such Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable to the Trustees of the Health and Welfare and Pension Fund or Funds for all delinquent amounts and to the employees for any and all ben- efits benefits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the pay- ment payment of such contributions. The Trustees shall have the right to bring legal action to collect delinquent amounts or the employee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay (a) court costs and a reason- able reasonable attorney’s fee or (b) in the case of the collection of delinquent amounts by the Trustees or by their agents, which collection does not require the institution of a lawsuit, the collection cost involved.

HEALTH & WELFARE AND PENSION DELINQUENTS. Notwithstanding Not withstanding anything herein contained, in the event any Em- ployer is delinquent at the end of a period in the payment of his contribution to the Health & Welfare or Pension Fund or Funds, required re- quired to be paid under this Agreement or any 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 and 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 such Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable to the Trustees of the Health and Welfare and Pension Fund or Funds for all delinquent amounts and to the employees for any and all ben- efits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the pay- ment of such contributions. The Trustees shall have the right to bring legal action to collect delinquent amounts or the employee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay (a) court costs and a reason- able attorney’s fee or (b) in the case of the collection of delinquent amounts by the Trustees or by their agents, which collection does not require the institution of a lawsuit, the collection cost involved.

HEALTH & WELFARE AND PENSION DELINQUENTS. Notwithstanding Not withstanding anything herein contained, in the event any Em- ployer Employer is delinquent at the end of a period in the payment of his contribution to the Health & Welfare or Pension Fund or Funds, required to be paid under this Agreement or any 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 and 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 such Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer DHL shall be liable to the Trustees of the Health and Welfare and Pension Fund or Funds for all delinquent amounts and to the employees for any and all ben- efits benefits under any health and welfare plan which the employee would have received if the Employer DHL had not been delinquent in the pay- ment payment of such contributions. The Trustees shall have the right to bring legal action to collect delinquent amounts or the employee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer DHL shall pay (a) court costs and a reason- able reasonable attorney’s fee or (b) in the case of the collection of delinquent amounts by the Trustees or by their agents, which collection does not require the institution of a lawsuit, the collection cost involved. This provision shall be interpreted and applied consistent with Article 7, Section 12 of the National Agreement.

HEALTH & WELFARE AND PENSION DELINQUENTS. Notwithstanding anything herein contained, in the event any Em- ployer is delinquent at the end of a period in the payment of his contribution to the Health & Welfare or Pension Fund or Funds, required to be paid under this Agreement or any supplement hereto, in accordance with the rules and regulations of the Trustees Trust- ees of such Funds, after the proper official of the Union has given five (5) days written notice, excluding Saturdays, Sundays and 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 such Employer to collect such delinquent amounts. Whether or not such action is taken, the Employer shall be liable lia- ble to the Trustees of the Health and Welfare and Pension Fund or Funds for all delinquent amounts and to the employees for any and all ben- efits benefits under any health and welfare plan which the employee would have received if the Employer had not been delinquent in the pay- ment payment of such contributions. The Trustees shall have the right to bring legal action to collect delinquent de- linquent amounts or the employee shall have the right to bring legal action to obtain payment of such benefits. In any such action, the Employer shall pay (a) court costs and a reason- able reasonable attorney’s fee or (b) in the case of the collection of delinquent amounts by the Trustees or by their agents, which collection does not require the institution of a lawsuit, the collection cost involved.