Common use of SPECIAL COLLECTION AND ARBITRATION PROCEDURES Clause in Contracts

SPECIAL COLLECTION AND ARBITRATION PROCEDURES. a) Notwithstanding anything contained in Sections 9.01 to 9.04 above, a failure of the Company to carry out its obligations, including making its required contributions under Article 36, Communications, Energy and Paperworkers Union of Canada, Local 100-G Benefit Trust Fund, Article 32, Industry-Wide Pension Plan, Article 31, Supplemental Unemployment Benefit Plan, Article 34, of this Agreement may, as an alternative to Sections 9.01 to 9.04, be referred to arbitration by the Union, Employer or Trustees of the said plans, using the procedures set out in this Section. b) There shall be no time limit within which a Grievance must be filed or a matter may be referred to arbitration. Any breach by the Company of its obligations to the Plans referred to in this Section under a prior Collective Agreement between the parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. c) The Union, Company and Trustees, or their agents, may submit a written notice of default to the Company by registered mail, with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance under this Section. The notice shall be deemed to have been received by the Company on the third day after the day on which it was mailed. d) If the Company fails to make its required contributions or otherwise fails to comply with the Plan within ten (10) days after the date of the notice, the Grievance Procedure shall thereupon be exhausted and the Grievance may be referred at any time thereafter by the Union, Company or Trustees, or their agents, to final and binding arbitration. e) i) The Union, Company or Trustees shall give reasonable written notice to the Company of their desire to arbitrate pursuant to this Section, and shall state the date, time and place fixed for such arbitration; ii) The Trustees or such committee or sub-committee as the Trustees may appoint, shall appoint an Arbitrator(s) to conduct the arbitration. Such Arbitrator(s) may include, but are not limited to a Company Trustee, Union Trustee, former Trustee, former Official, Officer or Employee of the Union, or a Company which is a party to the Trust Agreement being arbitrated, or otherwise bound thereto. An Arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more Company concurrently or as the Arbitrator(s) may determine. A Trustee appointed as arbitrator may hear arbitrations involving any or all the plans to which the Company is required to contribute; iii) The Arbitrator(s) shall have full authority to hear any matter before them by the Union, Company or Trustees. The decision of the Arbitrator(s) shall be final and binding on the Union, Company, and Trustees; iv) The Arbitrator(s) shall have the authority to order the Company to perform its obligations pursuant to this Agreement and may in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such rate as determined by the Trustees; pay reasonable counsel fees incurred, or to be incurred by the Trustees in the collection of such delinquent amounts, including the counsel fee for the arbitration, pay the fees to the Arbitrator(s), pay other reasonable costs incurred in the collection of the delinquencies, pay liquidated damages in an amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the Arbitrator(s) to be due and owing. The Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs arising out of the delinquency of the Company and acknowledges the costs to be actual and substantial though difficult to ascertain, however, the Company acknowledges that these costs are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the Trustees; 2. Loss of any benefits, monetary or otherwise, to any Employees; and 3. Loss of benefits and the use of any funds in connection with the Company’s failure to comply with the terms and conditions of the relevant Trust Agreement and Collective Agreement. v) For the purposes of sub-section iv), “reasonable counsel fees” shall mean all reasonable counsel fees in the amount for which the Trustees become legally obligated, including the fees for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the Trustees; vi) Any arbitration order or award determined under this Section may be filed by the Union, Company or Trustees pursuant to Section 44, (11) of the Ontario Labour Relations Act.

SPECIAL COLLECTION AND ARBITRATION PROCEDURES. a) Notwithstanding anything contained in Sections 9.01 to 9.04 above, a failure of the Company to carry out its obligations, including making its required contributions under Article 3632, Communications, Energy and Paperworkers Union of Canada, CEP Local 100-G Benefit Trust Fund, Article 32, Industry-Wide Pension Plan, Article 31, Supplemental Unemployment Benefit Plan, Article 34, CEP Local 100-G Pension Plan of this Agreement may, as an alternative to Sections 9.01 to 9.04, be referred to arbitration by the Union, Employer or Trustees of the said plans, using the procedures set out in this Section. b) There shall be no time limit within which a Grievance grievance must be filed or a matter may be referred to arbitration. Any breach by the Company of its obligations to the Plans plans referred to in this Section under a prior Collective Agreement between the parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. c) The Union, Company and Trustees, or their agentsAgents, may submit a written notice of default to the Company by registered mail, with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance under this Section. The notice shall be deemed to have been received by the Company on the third day after the day on which it was mailed. d) If the Company fails to make its required contributions or otherwise fails to comply with the Plan plan within ten (10) days after the date of the notice, the Grievance Procedure grievance procedure shall thereupon be exhausted and the Grievance grievance may be referred at any time thereafter by the Union, Company or Trustees, or their agentsAgents, to final and binding arbitration. e) i) The Union, Company Companies or Trustees shall give reasonable written notice to the Company of their desire to arbitrate pursuant to this Section, and shall state the date, time and place fixed for such arbitration; ii) The Trustees or such committee or sub-committee as the Trustees may appoint, shall appoint an Arbitrator(s) to conduct the arbitration. Such Arbitrator(s) may include, but are not limited to a Company Trustee, Union Trustee, former Trustee, former Official, Officer or Employee of the Union, or a Company which is a party to the Trust Agreement being arbitrated, or otherwise bound thereto. An Arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more Company concurrently or as the Arbitrator(s) may determine. A Trustee appointed as arbitrator may hear arbitrations involving any or all the plans to which the Company is required to contribute; iii) The Arbitrator(s) shall have full authority to hear any matter before them by the Union, Company or Trustees. The decision of the Arbitrator(s) shall be final and binding on the Union, Company, and Trustees; iv) The Arbitrator(s) shall have the authority to order the Company to perform its obligations pursuant to this Agreement and may in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such rate as determined by the Trustees; pay reasonable counsel fees incurred, or to be incurred by the Trustees in the collection of such delinquent amounts, including the counsel fee for the arbitration, pay the fees to the Arbitrator(s), pay other reasonable costs incurred in the collection of the delinquencies, pay liquidated damages in an amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the Arbitrator(s) to be due and owing. The Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs arising out of the delinquency of the Company and acknowledges the costs to be actual and substantial though difficult to ascertain, however, the Company acknowledges that these costs are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the Trustees; 2. Loss of any benefits, monetary or otherwise, to any Employees; and 3. Loss of benefits and the use of any funds in connection with the Company’s failure to comply with the terms and conditions of the relevant Trust Agreement and Collective Agreement. v) For the purposes of sub-section iv), “reasonable counsel fees” shall mean all reasonable counsel fees in the amount for which the Trustees become legally obligated, including the fees for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the Trustees; vi) Any arbitration order or award determined under this Section may be filed by the Union, Company or Trustees pursuant to Section 44, (11) of the Ontario Labour Relations Act.

SPECIAL COLLECTION AND ARBITRATION PROCEDURES. a) Notwithstanding anything contained in Sections 9.01 8.01 to 9.04 8.04 above, a failure of the Company to carry out its obligations, including making its required contributions under Article 3631, Communications, Energy and Paperworkers Union of Canada, CEP Local 100-G Benefit Trust Fund, Article 32, Industry-Wide Pension Plan, Article 31, Supplemental Unemployment Benefit Plan, Article 34, of this Agreement may, as an alternative to Sections 9.01 8.01 to 9.048.04, be referred to arbitration by the Union, Employer or Trustees of the said plans, using the procedures set out in this Section. b) There shall be no time limit within which a Grievance grievance must be filed or a matter may be referred to arbitration. Any breach by the Company of its obligations to the Plans plans referred to in this Section under a prior Collective Agreement between the parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. c) The Union, Company and Trustees, or their agentsAgents, may submit a written notice of default to the Company by registered mail, with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance under this Section. The notice shall be deemed to have been received by the Company on the third day after the day on which it was mailed. d) If the Company fails to make its required contributions or otherwise fails to comply with the Plan plan within ten (10) days after the date of the notice, the Grievance Procedure grievance procedure shall thereupon be exhausted and the Grievance grievance may be referred at any time thereafter by the Union, Company or Trustees, or their agentsAgents, to final and binding arbitrationarbitration . e) i) The Union, Company Companies or Trustees shall give reasonable written notice to the Company of their desire to arbitrate pursuant to this Section, and shall state the date, time and place fixed for such arbitration; ii) The Trustees or such committee or sub-committee as the Trustees may appoint, shall appoint an Arbitrator(s) to conduct the arbitration. Such Arbitrator(s) may include, but are not limited to a Company Trustee, Union Trustee, former Trustee, former Official, Officer or Employee of the Union, or a Company which is a party to the Trust Agreement being arbitrated, or otherwise bound thereto. An Arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more Company concurrently or as the Arbitrator(s) may determine. A Trustee appointed as arbitrator may hear arbitrations involving any or all the plans to which the Company is required to contribute; iii) The Arbitrator(s) shall have full authority to hear any matter before them by the Union, Company or Trustees. The decision of the Arbitrator(s) shall be final and binding on the Union, Company, and Trustees; iv) The Arbitrator(s) shall have the authority to order the Company to perform its obligations pursuant to this Agreement and may in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such rate as determined by the Trustees; pay reasonable counsel fees incurred, or to be incurred by the Trustees in the collection of such delinquent amounts, including the counsel fee for the arbitration, pay the fees to the Arbitrator(s), pay other reasonable costs incurred in the collection of the delinquencies, pay liquidated damages in an amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the Arbitrator(s) to be due and owing. The Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs arising out of the delinquency of the Company and acknowledges the costs to be actual and substantial though difficult to ascertain, however, the Company acknowledges that these costs are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the Trustees; 2. Loss of any benefits, monetary or otherwise, to any Employees; and 3. Loss of benefits and the use of any funds in connection with the Company’s failure to comply with the terms and conditions of the relevant Trust Agreement and Collective Agreement. v) For the purposes of sub-section iv), “reasonable counsel fees” shall mean all reasonable counsel fees in the amount for which the Trustees become legally obligated, including the fees for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the Trustees; vi) Any arbitration order or award determined under this Section may be filed by the Union, Company or Trustees pursuant to Section 44, (11) of the Ontario Labour Relations Act.

SPECIAL COLLECTION AND ARBITRATION PROCEDURES. a) Notwithstanding anything contained in Sections 9.01 8.01 to 9.04 8.04 above, a failure of the Company to carry out its obligations, including making its required contributions under Article 36, Communications, Energy and Paperworkers Union of Canada, Local 100-G Benefit Trust Fund, Article 32, Industry-Wide Pension Plan, Article 31, Supplemental Unemployment Benefit Plan, Article 34, of this Agreement may, as an alternative to Sections 9.01 8.01 to 9.048.04, be referred to arbitration by the Union, Employer or Trustees of the said plans, using the procedures set out in this Section. b) There shall be no time limit within which a Grievance must be filed or a matter may be referred to arbitration. Any breach by the Company of its obligations to the Plans referred to in this Section under a prior Collective Agreement between the parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. c) The Union, Company and Trustees, or their agents, may submit a written notice of default to the Company by registered mail, with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance under this Section. The notice shall be deemed to have been received by the Company on the third day after the day on which it was mailed. d) If the Company fails to make its required contributions or otherwise fails to comply with the Plan within ten (10) days after the date of the notice, the Grievance Procedure shall thereupon be exhausted and the Grievance may be referred at any time thereafter by the Union, Company or Trustees, or their agents, to final and binding arbitration. e) i) The Union, Company or Trustees shall give reasonable written notice to the Company of their desire to arbitrate pursuant to this Section, and shall state the date, time and place fixed for such arbitration; ii) The Trustees or such committee or sub-committee as the Trustees may appoint, shall appoint an Arbitrator(s) to conduct the arbitration. Such Arbitrator(s) may include, but are not limited to a Company Trustee, Union Trustee, former Trustee, former Official, Officer or Employee of the Union, or a Company which is a party to the Trust Agreement being arbitrated, or otherwise bound thereto. An Arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more Company concurrently or as the Arbitrator(s) may determine. A Trustee appointed as arbitrator may hear arbitrations involving any or all the plans to which the Company is required to contribute; iii) The Arbitrator(s) shall have full authority to hear any matter before them by the Union, Company or Trustees. The decision of the Arbitrator(s) shall be final and binding on the Union, Company, and Trustees; iv) The Arbitrator(s) shall have the authority to order the Company to perform its obligations pursuant to this Agreement and may in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such rate as determined by the Trustees; pay reasonable counsel fees incurred, or to be incurred by the Trustees in the collection of such delinquent amounts, including the counsel fee for the arbitration, pay the fees to the Arbitrator(s), pay other reasonable costs incurred in the collection of the delinquencies, pay liquidated damages in an amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the Arbitrator(s) to be due and owing. The Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs arising out of the delinquency of the Company and acknowledges the costs to be actual and substantial though difficult to ascertain, however, the Company acknowledges that these costs are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the Trustees; 2. Loss of any benefits, monetary or otherwise, to any Employees; and 3. Loss of benefits and the use of any funds in connection with the Company’s failure to comply with the terms and conditions of the relevant Trust Agreement and Collective Agreement. v) For the purposes of sub-section iv), “reasonable counsel fees” shall mean all reasonable counsel fees in the amount for which the Trustees become legally obligated, including the fees for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the Trustees; vi) Any arbitration order or award determined under this Section may be filed by the Union, Company or Trustees pursuant to Section 44, (11) of the Ontario Labour Relations Act.