Common use of Welfare Fund Clause in Contracts

Welfare Fund. The Parties hereto agree on a Welfare Fund as follows: 25.01 The Trust Document under which the fund is controlled shall provide for Trustees equal in number and in power appointed by each of the Parties hereto. 25.02 The employer shall make contributions at the rate of one dollar forty cents ($1.40) per hour worked. 25.03 The Welfare Fund shall be professionally administered. 25.04 It is agreed that provisions for an increase in the Welfare Fund will be implemented if so desired by the Local, with the employer contribution to be deducted from the wage rates contained herein, provided the employer receives sixty (60) days notice of such change. 25.05 Neither the Built Up Roofers', Damp & Waterproofers' Section of the Sheet Metal Workers' International Association, Local 409 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Welfare Fund. 25.06 The Parties hereto agree that the Board of Trustees appointed pursuant to this Agreement and Declaration of Trust establishing the Welfare Fund shall have the authority to utilize the arbitration procedures set forth herein for the collection of delinquent accounts for contributions required to be made pursuant to this Article as agent for the Parties. Any arbitrator appointed pursuant to this Clause is hereby expressly conferred jurisdiction to deal with the awarding of contributions, damages and all related costs. 25.07 No grievance instituted by the Board of Trustees as agent to the Parties pursuant to this Article shall be defeated on the basis of any technical or procedural objection as to arbitrability, including any objection based on provisions pertaining to timeliness. 25.08 Notwithstanding the availability of grievance and arbitration procedures, it is further agreed between the Parties that the existence of this provision does not constitute a waiver of the rights of either of the Parties to this Collective Agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages, and costs. 25.09 A list of employees, their trade union and social insurance number, along with remittance forms required by the Administrator, shall be included with the remittances.

Welfare Fund. The Parties rate of Welfare contribution shall be in accordance with Schedules A, B and C attached hereto agree on and made a part hereof and shall be paid based upon all hours worked. The welfare con- tribution covering all employees performing work per- formed by members and apprentices as required of Local No. 73 shall be made to the Sheet Metal Workers’ Local No. 73 Welfare Fund. The contributions of the Employer shall be used to purchase group insurance such as life, hospitalization, accident and health, sick benefits, and such other forms of group insurance as the said Welfare Fund as follows: 25.01 The Trust Document under which the fund is controlled shall provide for Trustees equal in number and in power appointed by each of the Parties hereto. 25.02 The employer shall make contributions at the rate of one dollar forty cents ($1.40) per hour worked. 25.03 may wish to provide. The Welfare Fund shall be professionally administered. 25.04 It is agreed that provisions for an increase in the Welfare Fund will be implemented if so desired by the Local, with the employer contribution to be deducted from the wage rates contained herein, provided the employer receives sixty (60) days notice of such change. 25.05 Neither the Built Up Roofers', Damp & Waterproofers' Section of the Sheet Metal Workers' International Association, Local 409 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Welfare Fund. 25.06 The Parties hereto agree that the Board of Trustees appointed administered pursuant to this the Agreement and Declaration of Trust establishing dated Febru- ary 1, 1950, and amended from time to time since that date, and executed jointly by equal representatives of the Union and representatives of SMACNA Greater Chicago and shall be considered to be a part hereof as if set forth in detail. The Employer confirms and ratifies the appointment of the three (3) Employer Trustees who, with their successors designated in the manner provided in said Agreement and Declaration of Trust, are called Employer Trustees. Each Union Trustee must be an elected official of the Union and a member of the Union in good standing. Each Employer Trustee must represent an Employer which is a signatory to this Collective Bargaining Agreement and which maintains a shop within the jurisdiction of the Union or be the Executive Director of the Association. The trust is lawful and is qualified under all appli- cable laws and specifically with regard to Section 302(c)(5) of the Labor-Management Relations Act of 1947, as amended, and the trust is qualified under the applicable provisions of the Internal Revenue Code, so that all contributions by the Employer will be deductible for income tax purposes. The Welfare Fund contributions shall be paid monthly up to and including the last payroll date in each and every calendar month on or before the fifteenth day of the following month. The Employer’s sole liability shall be for the payment of the monthly contributions set forth above and in no way guarantees payment of the benefits established by Trust Fund nor the solvency of the Fund. Furthermore, the Employer shall not be liable for any fund deficiency within the meaning of the Employee Retirement Income Security Act of 1974, as amended. The contributions are to be stated on forms provided by the Fund or other acceptable forms. In the event the Welfare Fund shall have contribution remains unpaid on the authority to utilize thirtieth (30th) day of the arbitration procedures set forth herein for the collection of delinquent accounts for contributions month in which it is required to be made pursuant filed, an additional charge of fifteen percent (15%) of the amount of the contribution due must be paid. Every Employer shall make available to this Article as agent for the Parties. Any arbitrator appointed pursuant to this Clause is hereby expressly conferred jurisdiction to deal Welfare Fund any and all records of the covered employees that the Welfare Fund may require in connection with the awarding sound and efficient operation of contributions, damages and all related costs. 25.07 No grievance instituted the Welfare Fund. The Welfare Fund will provide coverage to non-bar- gaining unit employees of employers under Plan C pur- suant to terms established by the Trustees from time to time and at the contribution rate for Residential Service Specialists set forth in Schedule D. Contributions will be based on 160 hours per month for each month during which eligible non-bargaining unit employees are paid wage income by the employer. Welfare Plan coverage will be provided to Residential Service Specialists hired on or after June 1, 2005 under Plan C only at the rate of five dollars and thirty cents ($5.30) per hour in accordance with the resolutions of the Welfare Fund Board of Trustees as agent to the Parties pursuant to this Article shall be defeated on the basis of any technical or procedural objection as to arbitrability, including any objection based on provisions pertaining to timelinessTrustees. 25.08 Notwithstanding the availability of grievance and arbitration procedures, it is further agreed between the Parties that the existence of this provision does not constitute a waiver of the rights of either of the Parties to this Collective Agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages, and costs. 25.09 A list of employees, their trade union and social insurance number, along with remittance forms required by the Administrator, shall be included with the remittances.

Welfare Fund. The Parties hereto agree on a Welfare Fund as follows: 25.01 24.01 The Trust Document under which the fund is controlled shall provide for Trustees equal in number and in power appointed by each of the Parties hereto. 25.02 24.02 The employer shall make contributions at the rate of one dollar forty cents ($1.40) per hour worked. 25.03 24.03 The Welfare Fund shall be professionally administered. 25.04 24.04 It is agreed that provisions for an increase in the Welfare Fund will be implemented if so desired by the Local, with the employer contribution to be deducted from the wage rates contained herein, provided the employer receives sixty (60) days notice of such change. 25.05 24.05 Neither the Built Up Roofers', Damp & Waterproofers' Section of the Sheet Metal Workers' International Association, Local 409 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Welfare Fund. 25.06 24.06 The Parties hereto agree that the Board of Trustees appointed pursuant to this Agreement and Declaration of Trust establishing the Welfare Fund shall have the authority to utilize the arbitration procedures set forth herein for the collection of delinquent accounts for contributions required to be made pursuant to this Article as agent for the Parties. Any arbitrator appointed pursuant to this Clause is hereby expressly conferred jurisdiction to deal with the awarding of contributions, damages and all related costs. 25.07 24.07 No grievance instituted by the Board of Trustees as agent to the Parties pursuant to this Article shall be defeated on the basis of any technical or procedural objection as to arbitrability, including any objection based on provisions pertaining to timeliness. 25.08 24.08 Notwithstanding the availability of grievance and arbitration procedures, it is further agreed between the Parties that the existence of this provision does not constitute a waiver of the rights of either of the Parties to this Collective Agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages, and costs. 25.09 24.09 A list of employees, their trade union and social insurance number, along with remittance forms required by the Administrator, shall be included with the remittances.

Welfare Fund. The Parties rate of Welfare contribution shall be in accordance with Schedules A, B and C attached hereto agree on and made a part hereof and shall be paid based upon all hours worked. The welfare con- tribution covering all employees performing work per- formed by members and apprentices as required of Local No. 73 shall be made to the Sheet Metal Workers’ Local No. 73 Welfare Fund. The contributions of the Employer shall be used to purchase group insurance such as life, hospitalization, accident and health, sick benefits, and such other forms of group insurance as the said Welfare Fund as follows: 25.01 The Trust Document under which the fund is controlled shall provide for Trustees equal in number and in power appointed by each of the Parties hereto. 25.02 The employer shall make contributions at the rate of one dollar forty cents ($1.40) per hour worked. 25.03 may wish to provide. The Welfare Fund shall be professionally administered. 25.04 It is agreed that provisions for an increase in the Welfare Fund will be implemented if so desired by the Local, with the employer contribution to be deducted from the wage rates contained herein, provided the employer receives sixty (60) days notice of such change. 25.05 Neither the Built Up Roofers', Damp & Waterproofers' Section of the Sheet Metal Workers' International Association, Local 409 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Welfare Fund. 25.06 The Parties hereto agree that the Board of Trustees appointed administered pursuant to this the Agreement and Declaration of Trust establishing dated Febru- ary 1, 1950, and amended from time to time since that date, and executed jointly by equal representatives of the Union and representatives of SMACNA Greater Chicago and shall be considered to be a part hereof as if set forth in detail. The Employer confirms and ratifies the appointment of the three (3) Employer Trustees who, with their successors designated in the manner provided in said Agreement and Declaration of Trust, are called Employer Trustees. Each Union Trustee must be an elected official of the Union and a member of the Union in good standing. Each Employer Trustee must represent an Employer which is a signatory to this Collective Bargaining Agreement and which maintains a shop within the jurisdiction of the Union or be the Executive Director of the Association. The trust is lawful and is qualified under all appli- cable laws and specifically with regard to Section 302(c)(5) of the Labor-Management Relations Act of 1947, as amended, and the trust is qualified under the applicable provisions of the Internal Revenue Code, so that all contributions by the Employer will be deductible for income tax purposes. The Welfare Fund contributions shall be paid monthly up to and including the last payroll date in each and every calendar month on or before the fifteenth day of the following month. The Employer’s sole liability shall be for the payment of the monthly contributions set forth above and in no way guarantees payment of the benefits established by Trust Fund nor the solvency of the Fund. Furthermore, the Employer shall not be liable for any fund deficiency within the meaning of the Employee Retirement Income Security Act of 1974, as amended. The contributions are to be stated on forms provided by the Fund or other acceptable forms. In the event the Welfare Fund shall have contribution remains unpaid on the authority to utilize thirtieth (30th) day of the arbitration procedures set forth herein for the collection of delinquent accounts for contributions month in which it is required to be made pursuant filed, an additional charge of fifteen percent (15%) of the amount of the contribution due must be paid. Every Employer shall make available to this Article as agent for the Parties. Any arbitrator appointed pursuant to this Clause is hereby expressly conferred jurisdiction to deal Welfare Fund any and all records of the covered employees that the Welfare Fund may require in connection with the awarding sound and efficient operation of contributions, damages and all related costs. 25.07 No grievance instituted the Welfare Fund. The Welfare Fund will provide coverage to non-bar- gaining unit employees of employers under Plan C pur- suant to terms established by the Trustees from time to time and at the contribution rate for Residential Service Specialists set forth in Schedule D. Contributions will be based on 160 hours per month for each month during which eligible non-bargaining unit employees are paid wage income by the employer. Welfare Plan coverage will be provided to Residential Service Specialists hired on or after June 1, 2005 under Plan C only at the rate of four dollars ($4.70) per hour in accordance with the resolutions of the Welfare Fund Board of Trustees as agent to the Parties pursuant to this Article shall be defeated on the basis of any technical or procedural objection as to arbitrability, including any objection based on provisions pertaining to timelinessTrustees. 25.08 Notwithstanding the availability of grievance and arbitration procedures, it is further agreed between the Parties that the existence of this provision does not constitute a waiver of the rights of either of the Parties to this Collective Agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages, and costs. 25.09 A list of employees, their trade union and social insurance number, along with remittance forms required by the Administrator, shall be included with the remittances.

Welfare Fund. The Parties hereto agree on a Employer agrees to make contributions to the Local 804 Welfare Trust Fund (the “Welfare Fund”) for the purpose of covering employees, including such employees of other Employers in or connected with the industry for whom contributions are paid with Welfare benefits under such provision, rules, regulations, as may be determined by the Trustees of the Fund. The Employer shall make the following monthly contributions to the Welfare Fund per employee: Effective November 1, 2016 $805/ week Effective November 1, 2017 $845/ week Effective November 1, 2018 $890/ week Effective November 1, 2019 $945/ week Effective November 1, 2020 $1000/ week The Employer shall make payments to the Welfare Fund for benefits for: Post-Probationary employees covered by the provisions of this Agreement who are regularly employed by the Employer for twenty-one (21) lours or more per week; and Such other employees as follows: 25.01 the Employer may contribute for, subject to the consent of the Trustees of the Welfare Fund. The Trust Document under which Employer shall continue to contribute to the fund is controlled shall provide Welfare Fund at the rate provided for Trustees equal in number Article 11 of this Agreement per month, payable in advance for each employee, except as provided for in Article 11 of this Agreement, to be paid at such times and in power appointed such manner as may be determined by each the Trustees, to provide coverage of employees and their dependent families with Welfare Benefits under such provisions, rules, and regulations as may be determined by the Trustees of the Parties hereto. 25.02 The employer shall Welfare Fund. If the Employer fails to make contributions the required reports or payments to the Welfare Fund, the Trustees may, in their sole discretion, take any action necessary, but not limited to, arbitration and suits at law, to enforce such reports and payments, together with interest at the rate of one dollar forty cents six percent ($1.406%) per hour worked. 25.03 The annum and any and all expenses of collection, including but not limited to, counsel fees, arbitration costs and fees, and court costs. Employees included under said Welfare Fund shall be professionally administered. 25.04 It is agreed that provisions for an increase covered in the Welfare Fund will be implemented if so desired by the Local, accordance with the employer contribution to be deducted from the wage rates contained herein, provided the employer receives sixty (60) days notice of such change. 25.05 Neither the Built Up Roofers', Damp & Waterproofers' Section provisions of the Sheet Metal Workers' International Association, Local 409 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Welfare Fund. 25.06 The Parties hereto agree that the Board of Trustees appointed pursuant to this Agreement and Declaration of Trust establishing the Welfare Fund. Where, during the term of this Agreement, an employee’s employment is terminated for any reason, the employee or members of his/her family entitled to benefits under the Welfare Fund shall have continue to be effectively covered at the authority to utilize Welfare Fund’s expense for such periods and for such benefits as may be determined under such provisions, rules, and regulations as may be determined by the arbitration procedures set forth herein for the collection of delinquent accounts for contributions Trustees. The Employer is required to be made pursuant promptly notify the Welfare Fund of termination and if it fails to this Article as agent for the Parties. Any arbitrator appointed pursuant to this Clause is hereby expressly conferred jurisdiction to deal with the awarding of contributionsdo so, damages and all related costs. 25.07 No grievance instituted by the Board of Trustees as agent to the Parties pursuant to this Article it shall be defeated on the basis liable for any result of any technical or procedural objection as such failure to arbitrability, including any objection based on provisions pertaining to timelinessnotify. 25.08 Notwithstanding the availability of grievance and arbitration procedures, it is further agreed between the Parties that the existence of this provision does not constitute a waiver of the rights of either of the Parties to this Collective Agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages, and costs. 25.09 A list of employees, their trade union and social insurance number, along with remittance forms required by the Administrator, shall be included with the remittances.

Welfare Fund. Section 1. The Parties Employer shall pay into the Wisconsin Laborers Health Fund Trust, or the Wisconsin Masons Health Fund Trust, the sum per hour specified in Appendix “A” or Appendix “B”, attached hereto agree on a Welfare Fund as follows: 25.01 The Trust Document under which for each hour that an employee works, by the fund is controlled shall provide for Trustees equal in number and in power appointed by each fifteenth (15th ) day of the Parties heretofollowing month. 25.02 The employer Section 2. Each Employer covered by this Agreement shall make contributions at contribute to the rate of one dollar forty cents ($1.40) Wisconsin Laborers Health Fund, or the Wisconsin Masons Benefit Funds, for health and welfare benefits and administrative costs, the sum per hour as specified in Appendix "A” or Appendix “B” effective June 1, 2014 through May 31, 2017 for all hours worked, for all employees covered by this Agreement. 25.03 The Welfare Fund (a) In the event a National and/or State Health Insurance Plan becomes law, this Agreement shall be professionally administeredopened for the sole and exclusive purpose of apportioning the then-current hourly contribution that is required between National and/or State Health Insurance, the Health and Welfare Funds provided for in this Agreement, and the remainder to wages. 25.04 It is agreed (b) The Union and the Association agree that provisions for an in no event will a mandatory health insurance program result in a total package increase in the then current total package. Section 4. The Association and the Union and all Employers covered by the Agreement, agree to be bound by all of the terms of the Wisconsin Laborers Health Fund Trust Agreement, and the Wisconsin Masons Benefit Funds Trust Agreement, and by all of the actions of the Trustees administering such Welfare Fund Funds in accordance with the Trust Agreements, Plans and rules of the Trustees provided that such Trust Agreements, Plans and rules shall not be inconsistent with this Agreement. Each Employer covered by this Agreement hereby accepts as Trustees the Trustees appointed under said Trust Agreements by the Association and the Union, respectively, and all such succeeding Trustees as will be implemented if so desired appointed in accordance with the Trust Agreements. The Employer hereby ratifies all actions already taken or to be taken by such Trustees consistent with applicable law and within the scope of their authority. Section 5. All monies, for Health and Welfare reports and checks must be mailed to Wisconsin Laborers Health Fund, or Wisconsin Masons Benefit Funds, NOT LATER than the fifteenth (15th ) of each month. If not received by the Localtwentieth (20th ) day of each month, it shall be mandatory that Local #599 - Area 558 Plasterers and Area 845 reserves the right to remove all employee members of this Agreement from the employment of the delinquent Employer, and the Union may demand payment immediately. Each week thereafter, the monies shall be paid by cashier’s check until such time the Union feels the affected contractor is making effort to comply with the employer contract. Each fringe benefit and contribution will be itemized on regular forms furnished to the contractors. It shall be deducted from the wage rates contained herein, provided the employer receives sixty (60) days notice a violation of such change. 25.05 Neither the Built Up Roofers', Damp & Waterproofers' Section of the Sheet Metal Workers' International Association, Local 409 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Welfare Fund. 25.06 The Parties hereto agree that the Board of Trustees appointed pursuant to this Agreement and Declaration of Trust establishing the Welfare Fund shall have the authority not to utilize the arbitration procedures set forth herein for the collection of delinquent accounts for contributions required to be made pursuant to treat all signatories equally under this Article as agent for the Parties. Any arbitrator appointed pursuant to this Clause is hereby expressly conferred jurisdiction to deal with the awarding of contributions, damages and all related costsclause. 25.07 No grievance instituted by the Board of Trustees as agent to the Parties pursuant to this Article shall be defeated on the basis of any technical or procedural objection as to arbitrability, including any objection based on provisions pertaining to timeliness. 25.08 Notwithstanding the availability of grievance and arbitration procedures, it is further agreed between the Parties that the existence of this provision does not constitute a waiver of the rights of either of the Parties to this Collective Agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages, and costs. 25.09 A list of employees, their trade union and social insurance number, along with remittance forms required by the Administrator, shall be included with the remittances.