Common use of Upon an Employer Clause in Contracts

Upon an Employer. failing to pay to the Union or to or on behalf of any of the employees covered by this Agreement, any wages, vacation pay, Union dues, travelling expenses, contributions to Welfare Fund, Training Fund and Pension Fund or any other payments of financial benefits payable to the Union or to or on behalf of the said employees, the following procedure is to be followed: (a) The Union shall advise the Employer in writing of such alleged failure of payment and the Union and the Employer shall forthwith attempt to resolve such dispute. If they are able to agree on the amount due, then the Employer shall make payment of the agreed amount by no later than twenty-four (24) hours after such agreement is reached; (b) In the event the Employer and the Union are unable to agree on the amount owing to the Union and/or to or on behalf of the employees entitled to the same as aforesaid, or in the event of an agreement of the amount due but the Employer fails to pay the said sum as aforesaid, then the Union shall be entitled to pay out of the said funds to itself and/or to or on behalf of the employees entitled to the same (including payment of any sums to any Welfare, Vacation Pay, Pension or Training Fund or any other employee benefit fund) such amounts as may be necessary for this purpose; provided that the Union or any of the said employees or the Trustees of any employee benefit fund herein, first obtains an award, order, judgement or decision entitling any of them to payment of any particular sums; (c) Upon the Employer being notified in writing of the amount of any such payments out of the fund by the Union as aforesaid, the Employer shall replenish the fund by payment of an amount equal to the amount so paid out, within a period of five (5) working days from receipt of such written notification. If the Employer does not replenish the fund as aforesaid then the provisions of Article 22 as well as Articles 5, 6, 7 and 8 of this Collective Agreement shall apply; (d) In the event of the bankruptcy or insolvency of the Employer, the said funds held by the Union shall be deemed to have been held in trust on account of the payment of wages, vacation pay,

Upon an Employer. failing to pay to the Union or to or on behalf of any of the employees covered by this Agreement, any wages, vacation pay, Union dues, travelling expenses, contributions to Welfare Fund, Training Fund and Pension Fund or any other payments of financial benefits payable to the Union or to or on behalf of the said employees, the following procedure is to be followed: (a) The Union shall advise the Employer in writing of such alleged failure of payment and the Union and the Employer shall forthwith attempt to resolve such dispute. If they are able to agree on the amount due, then the Employer shall make payment of the agreed amount by no later than twenty-four (24) hours after such agreement is reached; (b) In the event the Employer and the Union are unable to agree on the amount owing to the Union and/or to or on behalf of the employees entitled to the same as aforesaid, or in the event of an agreement of the amount due but the Employer fails to pay the said sum as aforesaid, then the Union shall be entitled to pay out of the said funds to itself and/or to or on behalf of the employees entitled to the same (including payment of any sums to any Welfare, Vacation Pay, Pension or Training Fund or any other employee benefit fund) such amounts as may be necessary for this purpose; provided that the Union or any of the said employees or the Trustees of any employee benefit fund herein, first obtains an award, order, judgement or decision entitling any of them to payment of any particular sums; (c) Upon the Employer being notified in writing of the amount of any such payments out of the fund by the Union as aforesaid, the Employer shall replenish the fund by payment of an amount equal to the amount so paid out, within a period of five (5) working days from receipt of such written notification. If the Employer does not replenish the fund as aforesaid then the provisions of Article 22 as well as Articles 5, 6, 7 and 8 of this Collective Agreement shall apply; (d) In the event of the bankruptcy or insolvency of the Employer, the said funds held by the Union shall be deemed to have been held in trust on account of the payment of wages, vacation pay,, working dues, travelling expenses, contributions to Welfare Fund, Training Fund and Pension Fund or any other payments or financial benefits payable to the Union or to or on behalf of the employees the financial benefits referred to in Articles 16, 17, and 18 herein, paid in advance for employees of the Employer, who, at the date of the insolvency or bankruptcy, have performed work or services for the Employer for which the employees and/or the Union, as the case may be, have not been paid any of the said financial benefits and the Union shall be entitled to pay out of the said funds to itself and/or to or on behalf of the employees of the bankrupt or insolvent Employer, (including payment of any sums of welfare, vacation pay, Pension or any other employee benefit fund), such amounts as may be due to any of them.

Upon an Employer. failing to pay to the Union or to or on behalf of any of the employees covered by this Agreement, any wages, vacation pay, Union dues, travelling traveling expenses, contributions to Welfare Fund, Training Fund and Pension Fund or any other payments of financial benefits payable to the Union or to or on behalf of the said employees, the following procedure is to be followed: (a) The Union shall advise the Employer in writing of such alleged failure of payment and the Union and the Employer shall forthwith attempt to resolve such dispute. If they are able to agree on the amount due, then the Employer shall make payment of the agreed amount by no later than twenty-four twenty -four (24) hours after such agreement is reached; (b) In the event the Employer and the Union are unable to agree on the amount owing to the Union and/or to or on behalf of the employees entitled to the same as aforesaid, or in the event of an agreement of the amount due but the Employer fails to pay the said sum as aforesaid, then the Union shall be entitled to pay out of the said funds to itself and/or to or on behalf of the employees entitled to the same (including payment of any sums to any Welfare, Vacation Pay, Pension or Training Fund or any other employee benefit fund) such amounts as may be necessary for this purpose; provided that the Union or any of the said employees or the Trustees of any employee benefit fund herein, first obtains an award, order, judgement judgment or decision entitling any of them to payment of any particular sums; (c) Upon the Employer being notified in writing of the amount of any such payments out of the fund by the Union as aforesaid, the Employer shall replenish the fund by payment of an amount equal to the amount so paid out, within a period of five (5) working days from receipt of such written notification. If the Employer does not replenish the fund as aforesaid then the provisions of Article 22 as well as Articles 5, 6, 7 5,6,7 and 8 of this Collective Agreement shall apply; (d) In the event of the bankruptcy or insolvency of the Employer, the said funds held by the Union shall be deemed to have been held in trust on account of the payment of wages, vacation pay,, working dues, traveling expenses, contributions to Welfare Fund, Training Fund and Pension Fund or any other payments or financial benefits payable to the Union or to or on behalf of the employees the financial benefits referred to in Articles 14 and 15 herein, paid in advance for employees of the Employer, who, at the date of the insolvency or bankruptcy, have performed work or services for the Employer for which the employees and/or the Union, as the case may be, have not been paid any of the said financial benefits and theUnion shall be entitled to pay out of the said funds to itself and/or to or on behalf of the employees of the bankrupt or insolvent Employer, (including payment of any sums of Welfare, Vacation Pay, Pension or any other employee benefit fund), such amountsasmaybe due to any of them.