Common use of Health & Welfare Trust Fund Clause in Contracts

Health & Welfare Trust Fund. (a) In this addendum, each Employer agrees to pay, as stipulated in Schedules A, B, C, and D for each hour worked by all employees covered by this Agreement. The contributions shall be paid to the IBEW/NECA Sound and Communications Health and Welfare Trust Fund, a jointly trusted Health and Welfare Trust Fund created pursuant to Section 302(c) of the Labor management Relations Act. Payment shall be due on the 10th day of the month in which coverage will exist subject to the provisions of (b) below. The money shall be forwarded to the Administrator of the Trust monthly. The Employer further agrees to be bound by the provisions of he Trust Agreement created by the IBEW/NECA Sound and Communications Health and Welfare Trust Fund and all amendments hereinafter adopted by the Trustees and agrees to accept as its representatives the present Employer Trustees and their lawfully appointed successors. (b) In this addendum, to become initially eligible for participation in the program, the Trust Fund must have received a minimum of 125 hours on the employee, and coverage will become effective the first of the following month. (c) In this addendum, employees who accrued vested coverage under the prior NCSCA Agreement shall retain those rights under this Agreement. (d) In this addendum, each remittance will be accompanied by a form which will be furnished for this purpose. Failure to forward negotiable remittances for the entire payment due by the tenth (10th) day of the month will automatically require immediate payment of damages prescribed by the Trust Agreement as well as delinquent amounts due and will further require other action as set forth in the Trust Agreement. (e) In this addendum, in addition to the damages assessable for late payment under the Trust Agreement and to other legal action which may be taken to collect delinquent payments which have not been received by the Board of Trustees of the IBEW/NECA Sound and Communications Health and Welfare Trust by the tenth (10th) of the month individual Employers who fail to remit in accordance with the provisions shall be subject to having this Addendum terminated upon seventy-two

Health & Welfare Trust Fund. (a) Section 1. Each Trust shall maintain a list of active and inactive Employers bound to or signatory to this Agreement. Active employers shall be required to fill out, sign and send in a monthly contribution report form each and every month regardless of whether said employer had any employees for that particular month and shall be liable for the contributions allocable to said hours. Inactive employers shall not be considered inactive until such time as they are no longer maintained on the monthly mailing list for contribution report forms from the Trust. Employers may apply to the trustees of the Trusts for inactive status but shall not become inactive until such time as the trustees of the Trusts, in their sole discretion, accept the Employer’s request for inactivation and delete their name from the mailing list for the monthly contribution report form. The terms of this Article XII shall apply to each and every trust fund referenced in this Agreement. Section 2. The Union and/or each Trust shall be entitled to and may file legal action to compel production of monthly reports, to compel production of payroll records for audit and for collection of any and all contributions and liquidated damages due and owing by the Employer and thereafter may settle or compromise such legal action. Each Trust and the Union may institute such legal proceedings without having the matter first heard and determined by the Joint Board, as provided in this Agreement. In this addendumthe event the Union or Trusts incur attorney’s fees as a consequence of the Employers failure to submit monthly reports, each produce records for an audit, or fail to pay contributions or liquidated damages, whether or not a complaint is filed, the Employer agrees to pay, as stipulated in Schedules Aaddition to all contributions due and owing and interest thereon at 10% per year, Ball costs incurred by the Union or Trusts, Ctogether with reasonable attorney’s fees. Section 3. Each monthly contribution to the Trusts, payment of dues check off and D for each hour worked by all employees covered by this Agreement. The contributions vacation benefits, shall be paid to the IBEW/NECA Sound made promptly and Communications Health and Welfare Trust Fund, a jointly trusted Health and Welfare Trust Fund created pursuant to Section 302(c) of the Labor management Relations Act. Payment shall be is due on or before the 10th fifteenth (15th) day of the calendar month following the month such hours are worked and if not paid in which coverage will exist subject to the provisions of (b) below. The money shall be forwarded to the Administrator of the Trust monthly. The Employer further agrees to be bound full by the provisions of he Trust Agreement created by the IBEW/NECA Sound and Communications Health and Welfare Trust Fund and all amendments hereinafter adopted by the Trustees and agrees to accept as its representatives the present Employer Trustees and their lawfully appointed successors. fifteenth (b) In this addendum, to become initially eligible for participation in the program, the Trust Fund must have received a minimum of 125 hours on the employee, and coverage will become effective the first of the following month. (c) In this addendum, employees who accrued vested coverage under the prior NCSCA Agreement shall retain those rights under this Agreement. (d) In this addendum, each remittance will be accompanied by a form which will be furnished for this purpose. Failure to forward negotiable remittances for the entire payment due by the tenth (10th15th) day of the month will automatically require immediate shall be delinquent and subject to liquidated damages. Each employer shall also prepare a monthly transmittal covering each employee who performs work subject to this Agreement and setting forth the following information: Name of each employee, each employee’s social security number, and number of hours worked by each employee, and gross amount of fringe benefits payable. It shall be the responsibility of the employer to make sure the monthly contribution and report form is postmarked by the Post Office on or before the fifteenth (15th) day of the month. If such envelope containing the contribution and report form is postmark dated after the fifteenth (15th) day of the month, such report form and contribution shall be considered delinquent, the employer shall be in breach of this agreement, and liquidated damages may be assessed. The Association and the Union recognize and acknowledge that the regular and prompt payment of Section 4. Upon request by a Trust or the Union, the Employer must permit an accountant, selected by the Trusts to enter upon the premises of such employer at a reasonable time or times, and to examine the payroll records, Federal and State Quarterly Contribution Reports and any other data, reports or documents reasonably relevant to and suitable for the purpose of administration of the Trust and this agreement. In the event it is determined as a result of such examinations that an Employer has defaulted in making full and complete payment of damages prescribed contributions required by the Trust Agreement as well as delinquent amounts due and will further require other action as set forth in the Trust this Agreement. (e) In this addendum, then said Employer, in addition to immediately paying all amounts found due and owing, shall forthwith pay all costs incurred for said examination, in addition to any other payments required by this Agreement. Section 5. In the damages assessable for late payment under event the Trust Agreement and to other legal action which may be taken to collect delinquent payments which have not been received by the Board trustees of Trustees any of the IBEW/NECA Sound and Communications Health and Welfare Trust by Trusts enter into a Reciprocity Agreement permitting the tenth (10th) payment of certain fringe benefit contributions to the month individual Employers who fail to remit home area of any employee temporarily working in the jurisdiction, payments shall be made in accordance with such Reciprocity Agreements that are agreed to by the trustees of each Trust and, provided further, such Trusts are qualified under the provisions shall of the applicable Internal Revenue regulations permitting the payments to be subject to having this Addendum terminated upon seventy-twotax deductible by the employer.

Health & Welfare Trust Fund. (a) In this addendum, each Employer agrees to pay, as stipulated in Schedules A, B, C, D, and D E for each hour worked by all employees covered by this Agreement. The contributions shall be paid to the IBEW/NECA Sound and Communications Health and Welfare Trust Fund, a jointly trusted Health and Welfare Trust Fund created pursuant to Section 302(c) of the Labor management Management Relations Act. Payment shall be due on the 10th day of the month in which coverage will exist subject to the provisions of (b) below. The money shall be forwarded to the Administrator of the Trust monthly. The Employer further agrees to be bound by the provisions of he the Trust Agreement created by the IBEW/NECA Sound and Communications Health and Welfare Trust Fund and all amendments hereinafter adopted by the Trustees and agrees to accept as its representatives the present Employer Trustees and their lawfully appointed successors. (b) In this addendum, to become initially eligible for participation in the program, the Trust Fund must have received a minimum of 125 133 hours on the employee, and coverage will become effective the first of the following month. (c) In this addendum, employees who accrued vested coverage under the prior NCSCA Agreement shall retain those rights under this Agreement. (d) In this addendum, each remittance will be accompanied by a form which will be furnished for this purpose. Failure to forward negotiable remittances for the entire payment due by the tenth (10th) day of the month will automatically require immediate payment of damages prescribed by the Trust Agreement as well as delinquent amounts due and will further require other action as set forth in the Trust Agreement. (ed) In this addendum, in addition to the damages assessable for late payment under the Trust Agreement and to other legal action which may be taken to collect delinquent payments which have not been received by the Board of Trustees of the IBEW/NECA Sound and Communications Health and Welfare Trust by the tenth (10th) of the month individual Employers who fail to remit in accordance with the provisions shall be subject to having this Addendum terminated upon seventy-twoseventy- two (72) hours’ notice, in writing, being served by the Union, provided the Employer fails to show satisfactory proof that the required payments have been made to the IBEW/NECA Sound and Communications Health and Welfare Trust. (e) In this addendum, prior to any change in benefit structure or premium charges, recommendation of such change shall be referred to the Labor- Management Committee for consideration. However, this shall not affect the right of the Trustees of the IBEW/NECA Sound and Communications Health and Welfare Trust Fund to protect the financial integrity of the Plan for health benefits provided herein should the Labor- Management Committee fail to take action to provide that premiums paid are sufficient to support benefits provided. (f) Management shall contribute $0.05 per hour for a Substance Abuse Testing Program to be administered by the IBEW/NECA Sound and Communications Health and Welfare Trust Fund.

Health & Welfare Trust Fund. (a) In this addendum, each Employer agrees to pay, as stipulated in Schedules A, B, C, A and D B for each hour worked by all employees covered by this Agreement. The contributions shall be paid to the IBEW/NECA Sound and Communications Health and Welfare Trust Fund, a jointly trusted Health and Welfare Trust Fund created pursuant to Section 302(c) of the Labor management Relations Act. Payment shall be due on the 10th day of the month in which coverage will exist subject to the provisions of (b) below. The money shall be forwarded to the Administrator of the Trust monthly. The Employer further agrees to be bound by the provisions of he Trust Agreement created by the IBEW/NECA Sound sound and Communications Health and Welfare Trust Fund and all amendments hereinafter adopted by the Trustees and agrees to accept as its representatives the present Employer Trustees and their lawfully appointed successors.its (b) In this addendum, to become initially eligible for participation in the program, the Trust Fund must have received a minimum of 125 hours on the employee, and coverage will become effective the first of the following month. (c) In this addendum, employees who accrued vested coverage under the prior NCSCA Agreement shall retain those rights under this Agreement. (d) In this addendum, each remittance will be accompanied by a form which will be furnished for this purpose. Failure to forward negotiable remittances for the entire payment due by the tenth (10th) day of the month will automatically require immediate payment of damages prescribed by the Trust Agreement as well as delinquent amounts due and will further require other action as set forth in the Trust Agreement. (e) In this addendum, in addition to the damages assessable for late payment under the Trust Agreement and to other legal action which may be taken to collect delinquent payments which have not been received by the Board of Trustees of the IBEW/NECA Sound and Communications Health and Welfare Trust by the tenth (10th) of the month individual Employers who fail to remit in accordance with the provisions shall be subject to having this Addendum terminated upon seventy-two