PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments.
2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President.
3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds.
4. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.
PROVISIONS APPLICABLE TO ALL FUNDS. A. All funds of Texas CLASS shall be invested only in accordance with this Policy and shall comply with any additional requirements imposed by the Trust Agreement or by resolutions of the Board and applicable state law or federal tax law, including the Investment Laws.
B. The Program Administrator may withdraw or transfer funds from and to accounts of Texas CLASS only in compliance with this Policy.
PROVISIONS APPLICABLE TO ALL FUNDS a. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary including but not limited to immediate arbitration and suits of law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds Trust Agreement and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees, court costs, auditors’ fees and interest.
b. Where a contributing Employer is regularly and consistently delinquent, the Trustees in their discretion may require such security, as they deem necessary.
PROVISIONS APPLICABLE TO ALL FUNDS. 16.1 If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees, court costs, fees and interest.
PROVISIONS APPLICABLE TO ALL FUNDS. (a) If any Employer fails to file required reports and/or payments to the North Health Fund, North Pension Fund, North Legal Services Fund or Xxxxxx Xxxxxxxx Training Fund, the Trustees of the respec- tive Funds or the Union may in their sole and absolute discretion take any action necessary, includ- ing but not limited to immediate arbitration and suits at law, to enforce such reports and payments, togeth- er with liquidated damages at the rate of ten percent (10%) per annum, and any and all expenses of collec- tion, including but not limited to counsel fees, arbitra- tion costs and fees, and court costs.
(b) Any Employer regularly or consistently xxxxx- xxxxx in North Health Fund, North Pension Fund, North Legal Services Fund or Xxxxxx Xxxxxxxx Training Fund payments may be required, at the option of the Trustees of the Funds to provide the appropriate Trust Fund with a security guaranteeing or prompt remittance of such payments.
(c) The Employer agrees to make available to the North Health Fund, North Pension Fund, North Legal Services Fund and Xxxxxx Xxxxxxxx Training Fund, any and all records of employees hired, classification of employees, names, social security numbers and account of wages paid, that the respective Funds may require in connection with the sound and efficient operation of the respective funds.
PROVISIONS APPLICABLE TO ALL FUNDS. 16.1. Upon admission by the Employer, or upon a decision or award in any step of the Grievance Procedure set forth in Article 4, that the Employer has failed within the time prescribed in Section 2.6 to remit to the Union all sums deducted from employees as monthly dues, assessments, or initiation fees or to transmit to the Trustees of the Welfare Fund and/or the Legal Services Fund, respectively, the contributions to such Funds, and after persistence of any such delinquency for a period of thirty (30) days following written notice of the delinquency given by the Union and/or the Trustees of the said Funds, as the case may be, to the Employer and BOLR, the Union may, after giving at least two (2) business days’ notice to the manager of the particular building or complex/campus involved and notwithstanding the No Strike provisions in this Agreement, strike the Employer, in the particular Building involved, to enforce such payments without regard to the No Strike clause, should the Union so choose. In addition, any Employer who becomes delinquent under Articles 14, 15 and 27 will be assessed interest on all principal balances due and continue to accrue interest until payment is received. Said interest shall accrue at the quarterly rate established by the Internal Revenue Service for delinquent taxes in accordance with Section 6621(a) of the Internal Revenue Code. Any Employer that continues to be delinquent after the aforesaid thirty (30) day notice above will be required to pay, in addition to the actual delinquent amount, plus interest, an additional 15% percent of the amount which the Employer should have transmitted, as liquidated damages; the Trustees have the power to increase the aforesaid 15% percent in their sole discretion, in the future, should same be warranted.
16.2. If the Employer fails to remit dues, agency fees, initiation fees, ADF or other Political Action Fund contributions, and other assessments (collectively, “dues”) required to be remitted pursuant to the Collective Bargaining Agreement for three (3) or more months during the terms of this Agreement, regardless of whether or not those months are consecutive, the Union may refer the matter to the Grievance Committee under Article 4, which will consider the matter at its next monthly meeting. If the matter is not resolved by the Grievance Committee, the Union may seek expedited arbitration to collect the unpaid dues. In any expedited arbitration under this section, if the Union prevails ...
PROVISIONS APPLICABLE TO ALL FUNDS. 27.1. If the Employer fails to make required reports or payments to the Health, Pension, Training or Legal Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and, liquidated damages as provided in the Funds’ trust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees and court costs.
27.2. Any Employer regularly or consistently delinquent in Health, Pension, Legal, or Training fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments.
27.3. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law.
27.4. The Employer shall make contributions to the Health Fund for full- time employees upon the employee’s completion of the initial 90-day employment period. No contributions shall be made on behalf of an employee who does not complete the initial 90-day employment period. For employees hired on or after January 1, 2016, the Employer shall make contributions to the Health Fund (for part-time employees) and Legal Services Fund and Training Fund (for part-time and full-time employees) upon the employee’s completion of the six (6) month employment period. No contributions to such funds shall be made on behalf of an employee who does not complete the six (6) month employment period.
PROVISIONS APPLICABLE TO ALL FUNDS. 32.1 If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Fund’s Trust Agreements and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees, court costs, fees and interest
32.2 Any employer regularly or consistently delinquent in payments to the Funds may be required, at the option of the Trustees of the Funds, to provide the appropriate Fund with security guaranteeing prompt payment of such payments.
32.3 The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations, as may be required to conform to applicable law.
32.4 The Employer hereby adopts the Funds’ Trust Agreements to be bound thereby, including any amendments thereto as if same were incorporated at length as part of this Agreement. A copy of each said Trust Agreement has been exhibited and delivered to the Employer herein mentioned.
32.5 The Employer agrees that should there be any claim by the Union or any of the Trust Funds of any discrepancies or disputes concerning payment by the Employer to the respective Fund that they or their representative shall have the right, on reasonable notice, to examine the Employer’s payroll books, hours or work records, or other records pertaining to the number of employees and/or hours worked or paid.
PROVISIONS APPLICABLE TO ALL FUNDS. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions.
PROVISIONS APPLICABLE TO ALL FUNDS. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ trust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees and court costs. If the Employer is regularly or consistently delinquent in Health, Pension, Legal, Training or SRSF payments, the Employer may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employment. If the Presidents of the RAB and Local 32BJ determine, in their discretion and upon mutual consent, prior to the beginning of any contract year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds, the Employer agrees to reallocate its contributions in like manner and kind.
