Common use of INDUSTRY ADVANCEMENT PROGRAM Clause in Contracts

INDUSTRY ADVANCEMENT PROGRAM. A. During the life of this Agreement, each Employer covered by or subject to this Agreement shall pay to the Industry Advancement Program/Contract Administration (hereinafter referred to as IAP/CA) Fund for each employee covered by or subject to this Agreement the amounts specified below per hour for all hours worked. These payments shall be made no later than the fifteenth (15th) day of each month following the month for which payment is to be made. Payments to the IAP/CA 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 Effective June 4, 2020 the hourly contribution rate shall be ten cents ($.10) per hour. B. The IAP/CA Fund assets may be utilized for the purposes and uses contemplated by the IAP/CA Fund Agreement and may also be used for activities pertaining to the administration of labor agreements which require contributions to the IAP/CA Fund and related operations. The Employer contributions required by this Article shall not be referred to or considered as wage or fringe benefit payments. C. In the event an Employer becomes delinquent in making payments to the IAP/CA Fund, and after the IAP/CA Board of Directors has advised the delinquent Employer in writing of said delinquency and that anticipated and actual damages are difficult or incapable of accurate ascertainment, Employer may be assessed by the IAP/CA Board of Directors, as liquidated damages, twenty (20) percent of delinquent payments and delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed on and one-half percent (1.5%) per month on the delinquent balance (including past due liquidated damages, if any). In the event that the IAP/CA Board of Directors refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to liquidated damages and interest charges, reasonable attorneys’ fees and any other costs and expenses reasonably arising in connection with any collection action. D. The IAP/CA Board of Directors may, for the purpose of collecting any payments required to be made to the IAP/CA Fund, including damages and costs, and for the purpose of enforcing rules concerning the inspection and audit of payroll records, seek any appropriate legal, equitable and administrative relief, and shall not be required to invoke or resort to the grievance or arbitration procedure otherwise provided for in this Agreement. E. Each Employer who is required to make payments to the IAP/CA Fund pursuant to Article XXII (A) shall promptly furnish to the IAP/CA Board of Directors, or to its authorized agents, on demand, all necessary employment, personnel and payroll records relating to its former and present employees covered by this Agreement, including any relevant information that may be required in connection with the administration of the IAP/CA Fund and for no other purpose. The IAP/CA Board of Directors, or its authorized agents, may examine such employment, personnel, or payroll records whenever such examination is deemed necessary by the Board of Directors, or its authorized agents, in connection with the proper administration of the IAP/CA Fund. F. Any contractor not represented by the Association in negotiations may elect by writing notification to the Union, to the AGC of Wisconsin and to the Apprenticeship and Training Fund that it will not contribute to the IAP/CA Fund. If the contractor makes such an election, the contractor shall contribute an amount equal to the IAP/CA contribution per hour to the Apprenticeship and Training Fund that shall be above and beyond the requirements of Schedule B.

INDUSTRY ADVANCEMENT PROGRAM. A. During the life of this AgreementCONTRACT ADMINISTRATION, WISCONSIN LABORERS APPRENTICESHIP AND TRAINING FUND AND L.E.C.E.T. FUND Section 20.1. Effective June 1, 2022 each Employer covered by or subject to this Agreement shall pay to the Industry Advancement Program/Contract Administration Administra- tion (hereinafter referred to as IAP/CA) Fund for each employee Employee covered by or subject to this Agreement the amounts specified below sum of fifty-nine ($.59) cents per hour for all hours workedactual time worked by each Employee. These payments shall be made no later than the fifteenth (15th) day of each month following the month for which payment is to be made. Payments are to be mailed to IAP/CA P.O. Xxx 000, Xxxxxxxxxx, XX 00000-0000. The Employer contributions required to be paid under this Section shall not be referred to, or be considered as wage or fringe benefit payments. (a) Except to the extent otherwise provided in Section 20.3 of this Article, the payments received by the IAP/CA Fund are pursuant to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000 Effective June 4, 2020 the hourly contribution rate Section 20.1 of this Article shall be ten cents used as provided in subsection ($.10b) per hourof this Section. B. (b) The IAP/CA Fund assets may be utilized for the purposes and uses contemplated by the IAP/CA Fund IAP Agreement and may also be used for activities pertaining to the administration of labor agreements which require contributions to the IAP/CA Fund and related operations. (a) Each Employer covered by or subject to this Agreement shall pay to the IAP/CA for each Employee covered by or subject to this Agreement the sum of fifty-nine ($.59) cents per hour for all actual time worked by each Employee. Out of each fifty-nine ($.59) cents per hour received by the IAP/ CA Fund from Employers for hours worked pursuant to this Section the IAP/CA Fund is required to pay and will remit thirty-three ($.33) cents per hour to the Wisconsin Laborers Apprenticeship and Training Fund, seven ($.07) cents per hour to the joint L.E.C.E.T. Fund and three ($0.03) cents per hour as the Laborer’s contribution to CLMC/BIGSTEP. Said payment shall be remitted to said Funds by the IAP/ CA Fund, monthly, within thirty (30) days after receipt by the IAP/CA Fund of such Employer contributions. Of the remaining money the IAP will also remit three ($0.03) cents per hour as the Management’s contribu- tion to CLMC/BIGSTEP (b) The Associations may modify the total IAP/CA Fund contribution rate on any June 1st occurring during the term of this Agreement by providing written notice to the Union. The Association may not change the Amounts remitted to the Wisconsin Laborers Apprenticeship and Training Fund, the joint L.E.C.E.T Fund, or the Laborer’s Contribution to CLMC/BIGSTEP without the Union’s Agreement. (a) In the event it becomes necessary to institute collection proceedings against any Employer contributions xxxxx- xxxxx in payments to the IAP/CA Fund required by Section 20.1 and Section 20.3 of this Article shall Article, the Funds will assume, pro rata, the legal and other costs of collection, to the extent that the same are not be referred covered by liquidated damages collected pursuant to or considered as wage or fringe benefit paymentsSection 20.5 of this Article. C. (b) The Employers covered by this Agreement agree to be bound by the terms of the Agreement and Declaration of Trust of the Wisconsin Laborers Apprenticeship and Training Trust and the Agreement and Declaration of Trust of the Joint L.E.C.E.T. Fund (“LECET”) to the extent not inconsistent with this labor agreement. Said Employers do further consent to the appointment of, and accept, the Trustees of said Apprenticeship and Training Trust and said LECET Trust heretofore and hereafter designated and appointed in accordance with said Agreement and Declaration of Trust. (c) The LECET Fund shall be established by the parties in accordance with Section 6 (b) of the Labor Management Cooperation Act of 1978 and shall be comprised of two (2) Trustees who are members of the WTEC and are selected by the WTEC and two (2) Trustees from the Union. The purpose of the LECET shall be to improve job security and cooperation between the Union and Contractor and promote work within the industry. Section 20.5. In the event an Employer becomes delinquent xxxxx- xxxxx in making his payments to the IAP/CA Fund, and after the IAP/CA Allied Construction Employers Association (ACEA) Board of Directors has advised the delinquent Employer Employer, in writing writing, of said delinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainmentascertainment in such event, such Employer may be assessed by the IAP/CA Board of Directors, as liquidated damages, twenty (20) percent % of such delinquent payments and further, such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed on one and one-half percent (1.51 1/2%) per month on the unpaid and delinquent balance (including unpaid past due liquidated liqui- dated damages, if any)) owed. In the event that the IAP/CA Board of Directors ACEA refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys’ fees and any other costs and expenses reasonably reason- ably arising in connection with any collection action. D. Section 20.6. If the Employees are removed from the job by the Union to enforce payments or liquidated damages assessments, the Employees shall be paid by the xxxxx- xxxxx Employer for all lost time at the straight-time hourly rate. Section 20.7. The IAP/CA Board of Directors may, for trust agreement or other instrument governing the purpose of collecting any payments required to be made to the IAP/CA Wisconsin Laborers Apprenticeship and Training Fund, including damages and costsany amendments thereto shall be subject to prior approval by the ACEA. In addition, the ACEA shall have the right to designate and for the purpose appoint at least one or more members of enforcing rules concerning the inspection and audit of payroll records, seek any appropriate legal, equitable and administrative relief, and shall not be required to invoke or resort to the grievance or arbitration procedure otherwise provided for in this Agreement. E. Each Employer who is required to make payments to the IAP/CA Fund pursuant to Article XXII (A) shall promptly furnish to the IAP/CA Board of Directors, or to its authorized agents, on demand, all necessary employment, personnel and payroll records relating to its former and present employees covered by this Agreement, including any relevant information that may be required in connection with the administration of the IAP/CA Fund and for no other purpose. The IAP/CA Board of Directors, or its authorized agents, may examine such employment, personnel, or payroll records whenever such examination is deemed necessary by the Board of DirectorsTrustees or other governing board administering said Fund, and the Trust Agreement or its authorized agents, in connection with other similar document governing the proper administration affairs of the IAP/CA FundFund shall so provide. F. Any contractor not represented by the Association in negotiations may elect by writing notification to the Union, to the AGC of Wisconsin and to the Apprenticeship and Training Fund that it will not contribute to the IAP/CA Fund. If the contractor makes such an election, the contractor shall contribute an amount equal to the IAP/CA contribution per hour to the Apprenticeship and Training Fund that shall be above and beyond the requirements of Schedule B.

INDUSTRY ADVANCEMENT PROGRAM. A. During the life of this AgreementCONTRACT ADMINISTRATION, WISCONSIN LABORERS APPRENTICESHIP AND TRAINING FUND AND L.E.C.E.T. FUND Section 20.1. Effective June 1, 2022 each Employer covered by or subject to this Agreement shall pay to the Industry Advancement Program/Contract Administration Administra- tion (hereinafter referred to as IAP/CA) Fund for each employee Employee covered by or subject to this Agreement the amounts specified below sum of fifty-nine ($.59) cents per hour for all hours workedactual time worked by each Employee. These payments shall be made no later than the fifteenth (15th) day of each month following the month for which payment is to be made. Payments are to be mailed to IAP/CA P.O. Box 507, Brookfield, WI 53008-0507. The Employer contributions required to be paid under this Section shall not be referred to, or be considered as wage or fringe benefit payments. (a) Except to the extent otherwise provided in Section 20.3 of this Article, the payments received by the IAP/CA Fund are pursuant to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000 Effective June 4, 2020 the hourly contribution rate Section 20.1 of this Article shall be ten cents used as provided in subsection ($.10b) per hourof this Section. B. (b) The IAP/CA Fund assets may be utilized for the purposes and uses contemplated by the IAP/CA Fund IAP Agreement and may also be used for activities pertaining to the administration of labor agreements which require contributions to the IAP/CA Fund and related operations. (a) Each Employer covered by or subject to this Agreement shall pay to the IAP/CA for each Employee covered by or subject to this Agreement the sum of fifty-nine ($.59) cents per hour for all actual time worked by each Employee. Out of each fifty-nine ($.59) cents per hour received by the IAP/ CA Fund from Employers for hours worked pursuant to this Section the IAP/CA Fund is required to pay and will remit thirty-three ($.33) cents per hour to the Wisconsin Laborers Apprenticeship and Training Fund, seven ($.07) cents per hour to the joint L.E.C.E.T. Fund and three ($0.03) cents per hour as the Laborer’s contribution to CLMC/BIGSTEP. Said payment shall be remitted to said Funds by the IAP/ CA Fund, monthly, within thirty (30) days after receipt by the IAP/CA Fund of such Employer contributions. Of the remaining money the IAP will also remit three ($0.03) cents per hour as the Management’s contribu- tion to CLMC/BIGSTEP (b) The Associations may modify the total IAP/CA Fund contribution rate on any June 1st occurring during the term of this Agreement by providing written notice to the Union. The Association may not change the Amounts remitted to the Wisconsin Laborers Apprenticeship and Training Fund, the joint L.E.C.E.T Fund, or the Laborer’s Contribution to CLMC/BIGSTEP without the Union’s Agreement. (a) In the event it becomes necessary to institute collection proceedings against any Employer contributions xxxxx- xxxxx in payments to the IAP/CA Fund required by Section 20.1 and Section 20.3 of this Article shall Article, the Funds will assume, pro rata, the legal and other costs of collection, to the extent that the same are not be referred covered by liquidated damages collected pursuant to or considered as wage or fringe benefit paymentsSection 20.5 of this Article. C. (b) The Employers covered by this Agreement agree to be bound by the terms of the Agreement and Declaration of Trust of the Wisconsin Laborers Apprenticeship and Training Trust and the Agreement and Declaration of Trust of the Joint L.E.C.E.T. Fund (“LECET”) to the extent not inconsistent with this labor agreement. Said Employers do further consent to the appointment of, and accept, the Trustees of said Apprenticeship and Training Trust and said LECET Trust heretofore and hereafter designated and appointed in accordance with said Agreement and Declaration of Trust. (c) The LECET Fund shall be established by the parties in accordance with Section 6 (b) of the Labor Management Cooperation Act of 1978 and shall be comprised of two (2) Trustees who are members of the WTEC and are selected by the WTEC and two (2) Trustees from the Union. The purpose of the LECET shall be to improve job security and cooperation between the Union and Contractor and promote work within the industry. Section 20.5. In the event an Employer becomes delinquent xxxxx- xxxxx in making his payments to the IAP/CA Fund, and after the IAP/CA Allied Construction Employers Association (ACEA) Board of Directors has advised the delinquent Employer Employer, in writing writing, of said delinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainmentascertainment in such event, such Employer may be assessed by the IAP/CA Board of Directors, as liquidated damages, twenty (20) percent % of such delinquent payments and further, such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed on one and one-half percent (1.51 1/2%) per month on the unpaid and delinquent balance (including unpaid past due liquidated liqui- dated damages, if any)) owed. In the event that the IAP/CA Board of Directors ACEA refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys’ fees and any other costs and expenses reasonably reason- ably arising in connection with any collection action. D. Section 20.6. If the Employees are removed from the job by the Union to enforce payments or liquidated damages assessments, the Employees shall be paid by the xxxxx- xxxxx Employer for all lost time at the straight-time hourly rate. Section 20.7. The IAP/CA Board of Directors may, for trust agreement or other instrument governing the purpose of collecting any payments required to be made to the IAP/CA Wisconsin Laborers Apprenticeship and Training Fund, including damages and costsany amendments thereto shall be subject to prior approval by the ACEA. In addition, the ACEA shall have the right to designate and for the purpose appoint at least one or more members of enforcing rules concerning the inspection and audit of payroll records, seek any appropriate legal, equitable and administrative relief, and shall not be required to invoke or resort to the grievance or arbitration procedure otherwise provided for in this Agreement. E. Each Employer who is required to make payments to the IAP/CA Fund pursuant to Article XXII (A) shall promptly furnish to the IAP/CA Board of Directors, or to its authorized agents, on demand, all necessary employment, personnel and payroll records relating to its former and present employees covered by this Agreement, including any relevant information that may be required in connection with the administration of the IAP/CA Fund and for no other purpose. The IAP/CA Board of Directors, or its authorized agents, may examine such employment, personnel, or payroll records whenever such examination is deemed necessary by the Board of DirectorsTrustees or other governing board administering said Fund, and the Trust Agreement or its authorized agents, in connection with other similar document governing the proper administration affairs of the IAP/CA FundFund shall so provide. F. Any contractor not represented by the Association in negotiations may elect by writing notification to the Union, to the AGC of Wisconsin and to the Apprenticeship and Training Fund that it will not contribute to the IAP/CA Fund. If the contractor makes such an election, the contractor shall contribute an amount equal to the IAP/CA contribution per hour to the Apprenticeship and Training Fund that shall be above and beyond the requirements of Schedule B.

INDUSTRY ADVANCEMENT PROGRAM. A. During the life of this AgreementCONTRACT ADMINISTRATION, WISCONSIN LABORERS APPRENTICESHIP AND TRAINING FUND AND L.E.C.E.T. FUND Section 20.1. Effective June 1, 2019 each Employer covered by or subject to this Agreement shall pay to the Industry Advancement Program/Contract Administration Administra- tion (hereinafter referred to as IAP/CA) Fund for each employee Employee covered by or subject to this Agreement the amounts specified below sum of fifty-five ($.55) cents per hour for all hours workedactual time worked by each Employee. These payments shall be made no later than the fifteenth (15th) day of each month following the month for which payment is to be made. Payments are to be mailed to IAP/CA X.X. Xxx 000, Xxxxxxxxxx, XX 00000-0000. The Employer contributions required to be paid under this Section shall not be referred to, or be considered as wage or fringe benefit payments. (a) Except to the extent otherwise provided in Section 20.3 of this Article, the payments received by the IAP/CA Fund are pursuant to be made out to: WI Laborers’ Fringe Benefit Funds and mailed to WI Laborers’ Fringe Benefit Funds, Lockbox 978844, X.X. Xxx 0000, Xxxxx Xxxxxx, XX 00000-0000 Effective June 4, 2020 the hourly contribution rate Section 20.1 of this Article shall be ten cents used as provided in subsection ($.10b) per hourof this Section. B. (b) The IAP/CA Fund assets may be utilized for the purposes and uses contemplated by the IAP/CA Fund IAP Agreement and may also be used for activities pertaining to the administration of labor agreements which require contributions to the IAP/CA Fund and related operations. (a) Each Employer covered by or subject to this Agreement shall pay to the IAP/CA for each Employee covered by or subject to this Agreement the sum of fifty-five ($.55) cents per hour for all actual time worked by each Employee. Out of each fifty-five ($.55) cents per hour received by the IAP/ CA Fund from Employers for hours worked pursuant to this Section the IAP/CA Fund is required to pay and will remit thirty-one ($.31) cents per hour to the Wisconsin Laborers Apprenticeship and Training Fund, seven ($.07) cents per hour to the joint L.E.C.E.T. Fund and three ($0.03) cents per hour as the Laborer’s contribution to CLMC/BIGSTEP. Said payment shall be remitted to said Funds by the IAP/ CA Fund, monthly, within thirty (30) days after receipt by the IAP/CA Fund of such Employer contributions. Of the remaining money the IAP will also remit three ($0.03) cents per hour as the Management’s contribu- tion to CLMC/BIGSTEP (a) In the event it becomes necessary to institute collection proceedings against any Employer xxxxx- xxxxx in payments to the IAP/CA Fund required by Section 20.1 and Section 20.3 of this Article, the Funds will assume, pro rata, the legal and other costs of collection, to the extent that the same are not covered by liquidated damages collected pursuant to Section 20.5 of this Article. (b) The Employers covered by this Agreement agree to be bound by the terms of the Agreement and Declaration of Trust of the Wisconsin Laborers Apprenticeship and Training Trust and the Agreement and Declaration of Trust of the Joint L.E.C.E.T. Fund (“LECET”) to the extent not inconsistent with this labor agreement. Said Employers do further consent to the appointment of, and accept, the Trustees of said Apprenticeship and Training Trust and said LECET Trust heretofore and hereafter designated and appointed in accordance with said Agreement and Declaration of Trust. (c) The LECET Fund shall be established by the parties in accordance with Section 6 (b) of the Labor Management Cooperation Act of 1978 and shall be comprised of two (2) Trustees who are members of the WTEC and are selected by the WTEC and two (2) Trustees from the Union. The Employer contributions required by this Article purpose of the LECET shall not be referred to or considered as wage or fringe benefit paymentsimprove job security and cooperation between the Union and Contractor and promote work within the industry. C. Section 20.5. In the event an Employer becomes delinquent xxxxx- xxxxx in making his payments to the IAP/CA Fund, and after the IAP/CA Allied Construction Employers Association (ACEA) Board of Directors has advised the delinquent Employer Employer, in writing writing, of said delinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainmentascertainment in such event, such Employer may be assessed by the IAP/CA Board of Directors, as liquidated damages, twenty (20) percent % of such delinquent payments and further, such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed on one and one-half percent (1.51 1/2%) per month on the unpaid and delinquent balance (including unpaid past due liquidated liqui- dated damages, if any)) owed. In the event that the IAP/CA Board of Directors ACEA refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorneys’ fees and any other costs and expenses reasonably reason- ably arising in connection with any collection action. D. Section 20.6. If the Employees are removed from the job by the Union to enforce payments or liquidated damages assessments, the Employees shall be paid by the xxxxx- xxxxx Employer for all lost time at the straight-time hourly rate. Section 20.7. The IAP/CA Board of Directors may, for trust agreement or other instrument governing the purpose of collecting any payments required to be made to the IAP/CA Wisconsin Laborers Apprenticeship and Training Fund, including damages and costsany amendments thereto shall be subject to prior approval by the ACEA. In addition, the ACEA shall have the right to designate and for the purpose appoint at least one or more members of enforcing rules concerning the inspection and audit of payroll records, seek any appropriate legal, equitable and administrative relief, and shall not be required to invoke or resort to the grievance or arbitration procedure otherwise provided for in this Agreement. E. Each Employer who is required to make payments to the IAP/CA Fund pursuant to Article XXII (A) shall promptly furnish to the IAP/CA Board of Directors, or to its authorized agents, on demand, all necessary employment, personnel and payroll records relating to its former and present employees covered by this Agreement, including any relevant information that may be required in connection with the administration of the IAP/CA Fund and for no other purpose. The IAP/CA Board of Directors, or its authorized agents, may examine such employment, personnel, or payroll records whenever such examination is deemed necessary by the Board of DirectorsTrustees or other governing board administering said Fund, and the Trust Agreement or its authorized agents, in connection with other similar document governing the proper administration affairs of the IAP/CA FundFund shall so provide. F. Any contractor not represented by the Association in negotiations may elect by writing notification to the Union, to the AGC of Wisconsin and to the Apprenticeship and Training Fund that it will not contribute to the IAP/CA Fund. If the contractor makes such an election, the contractor shall contribute an amount equal to the IAP/CA contribution per hour to the Apprenticeship and Training Fund that shall be above and beyond the requirements of Schedule B.