Common use of MARKET ENHANCEMENT RECOVERY FUND Clause in Contracts

MARKET ENHANCEMENT RECOVERY FUND. (a) The amounts specified in the wage schedules in Article 9.00 designated as “MERF” shall be contributed by the Employer for every hour that an employee covered by the terms of this Agreement is employed. The amounts contributed shall be based on total hours worked including overtime. (b) All such contributions shall be recorded by the Employer on forms to be provided by the Union listing the names of employees, Union ID number, and hourly contributions of each employee, and forwarded with a cheque in the required amount, on or before the 15th day of the month following the month for which such amounts have been withheld, to the “Market Enhancement Recovery Fund Trust Account” in care of Local Union 110. A copy of the said form to be retained by the Employer. (i) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (ii) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (iii) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (iv) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable Trust Fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate. (d) The terms of the Agreement and Declaration of Trust shall govern the operation and administration of the MERF plan and any changes made to the Declaration of Trust by the Trustees, must be ratified by the Parties to this Collective Agreement. Any increase to the amounts to be contributed as proposed by the Trustees must also be ratified by the Parties to this Collective Agreement. (e) There shall be a total of seven (7) Trustees appointed to administer the Fund. Three (3) shall be appointed by the Trade Division, and four (4) by the Local Union, one of whom shall be the Chairman. It shall be the exclusive right of the Construction Labour Relations (f) For Commercial / Institutional or Industrial work, MERF funds shall not be used to pay wages above the established applicable rates or benefits without the agreement of the Joint Trades Board per 27.01. Any request by Employers for such agreement shall be to their authorized bargaining agent who will immediately request an expedient review of the matter by the Joint Trades Board.

MARKET ENHANCEMENT RECOVERY FUND. (a) The amounts specified in the wage schedules in Article 9.00 designated as “MERF” shall be contributed by the Employer for every hour that an employee covered by the terms of this Agreement is employed. The amounts contributed shall be based on total hours worked including overtime. (b) All such contributions shall be recorded by the Employer on forms to be provided by the Union listing the names of employees, Union ID number, and hourly contributions of each employee, and forwarded with a cheque in the required amount, on or before the 15th day of the month following the month for which such amounts have been withheld, to the “Market Enhancement Recovery Fund Trust Account” in care of Local Union 110. A copy of the said form to be retained by the Employer. (i) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (ii) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (iii) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (iv) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable Trust Fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate. (d) The terms of the Agreement and Declaration of Trust shall govern the operation and administration of the MERF plan and any changes made to the Declaration of Trust by the Trustees, must be ratified by the Parties to this Collective Agreement. Any increase to the amounts to be contributed as proposed by the Trustees must also be ratified by the Parties to this Collective Agreement. (e) There shall be a total of seven (7) Trustees appointed to administer the Fund. Three (3) shall be appointed by the Trade Division, and four (4) by the Local Union, one of whom shall be the Chairman. It shall be the exclusive right of the Construction Labour RelationsRelations - an Alberta Association Insulators (Provincial) Trade Division to appoint the management trustees to the fund. (f) For Commercial / Institutional or Industrial work, MERF funds shall not be used to pay wages above the established applicable rates or benefits without the agreement of the Joint Trades Board per 27.01. Any request by Employers for such agreement shall be to their authorized bargaining agent who will immediately request an expedient review of the matter by the Joint Trades Board.

MARKET ENHANCEMENT RECOVERY FUND. (a) The amounts specified in the wage schedules in Article 9.00 designated as “MERF” shall be contributed by the Employer for every hour that an employee covered by the terms of this Agreement is employed. Contributions will be made on the basis of full or half (1/2) hours. The amounts contributed shall be based on total hours worked including earned in cluding overtime. (b) All such contributions shall be recorded by the Employer on forms to be provided by the Union listing the names of employees, Union ID numbersocial insurance numbers, and hourly contributions of each employee, and forwarded with a cheque in the required amount, on or before the 15th day of the month following the month for which such amounts have been withheld, to the “Market Enhancement Recovery Fund Trust Account” in care of Local Union 110. A copy of the said form list to be retained by the Employer. (i1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (ii2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (iii3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (iv4) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses. (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable Trust Fundtrust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate. (d) The terms of the Agreement and Declaration of Trust shall govern the operation and administration of the MERF plan and any changes made to the Declaration of Trust by the Trustees, must be ratified by the Parties to this Collective Agreement. Any increase to the amounts to be contributed as proposed by the Trustees must also be ratified by the Parties to this Collective Agreement. (e) There shall be a total of seven five (75) Trustees appointed to administer the Fund. Three Two (32) shall be appointed by the Trade Division, and four three (43) by the Local Union, one of whom shall be the Chairman. It shall be the exclusive right of the Construction Labour RelationsRelations - an Alberta Association Insulators (Provincial) Trade Division to appoint the management trustees to the fund. (f) For Commercial / Institutional or Industrial work, MERF Merf funds shall not be used to pay wages above the established applicable rates or benefits without the agreement of the Joint Trades Board per 27.01. Any request by Employers for such agreement shall be to their authorized bargaining agent who will immediately request an expedient review of the matter by the Joint Trades Board.

MARKET ENHANCEMENT RECOVERY FUND. ‌ (a) The amounts specified in the wage schedules in Article 9.00 designated as “MERF” shall be contributed by the Employer for every hour that an employee covered by the The terms of this Agreement is employed. Contributions will be made on the basis of full or half (1/2) hours. The amounts contributed shall be based on total hours worked earned including overtime. (b) All such contributions shall be recorded by the Employer on forms to be provided by the Union listing the names of employees, Union ID numbersocial insurance numbers, and hourly contributions of each employee, and forwarded with a cheque in the required amount, on or before the 15th day of the month following the month for which such amounts have been withheld, to the “Market Enhancement Recovery Fund Trust Account” in care of Local Union 110. A copy of the said form list to be retained by the Employer. (i1) the Employer has contributed for the period covered by such inspections or audit less than the amount which such Employer should have contributed under this Collective Agreement (the "Agreed Amount") by an amount equaling or exceeding five (5%) percent of the Agreed Amount; (ii2) the cost and expense incurred by the Trust Fund are reasonable and are attributable solely to the audit or inspection; (iii3) respecting circumstances in which there is a difference between the Employer and the Union and / or the Trustees of the Trust Fund and / or others as to whether certain work is affected by Registration Certificate No. 9 and this Collective Agreement, the C.L.R. Insulators (Provincial) Trade Division Negotiating Committee concurs with the Trustees of the Trust Fund that it is reasonable and appropriate to require the Employer to pay those costs and expenses; and (iv4) the Trustees of the Trust Fund have considered all of the circumstances under which the Employer has failed to pay the Agreed Amount by an amount equaling or exceeding five (5%) percent of the Agreed Amount, and the Trustees after considering all of the circumstances are satisfied that it is reasonable and appropriate to require the Employer to pay those costs and expenses. The Trustees may waive the payment of all or any part of such costs or expenses.expenses.‌‌ (c) Where an Employee performs work that would require the Employer to contribute hourly contributions to the Trust Funds set out in this Agreement, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust on behalf of the employees until the Employer has paid such monies to the applicable Trust Fundtrust fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the fund(s) as is herein before provided for, is deemed to be held in trust for the Trustees of these Trust Fund(s) and such a fund shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate. (d) The terms of the Agreement and Declaration of Trust shall govern the operation and administration of the MERF plan and any changes made to the Declaration of Trust by the Trustees, must be ratified by the Parties to this Collective Agreement. Any increase to the amounts to be contributed as proposed by the Trustees must also be ratified by the Parties to this Collective Agreement. (e) There shall be a total of seven five (75) Trustees appointed to administer the Fund. Three Two (32) shall be appointed by the Trade Division, and four three (43) by the Local Union, one of whom shall be the Chairman. It shall be the exclusive right of the Construction Labour Relations Relations - an Alberta Association Insulators (fProvincial) For Commercial / Institutional or Industrial work, MERF funds shall not be used Trade Division to pay wages above appoint the established applicable rates or benefits without management trustees to the agreement of the Joint Trades Board per 27.01. Any request by Employers for such agreement shall be to their authorized bargaining agent who will immediately request an expedient review of the matter by the Joint Trades Boardfund.