Benefit Plan. The Parties hereto agree to the Benefit Plan as follows: 28.01 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. 28.02 The employer shall make contributions in accordance with Article 27. 28.03 The Benefit Plan shall be professionally administered and all monies so accrued during a calendar month will be payable not later than the tenth (10th) day of the month following to: 28.04 Each employer shall sign a Participation Agreement as approved by the Trustees. 28.05 Neither the Union nor the CLRA shall incur any legal liability with regard to claims arising from the Benefit Plan. 28.06 The Parties hereto agree that the Board of Trustees appointed pursuant to the Agreement and Declaration of Trust establishing the Benefit Plan 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. 28.07 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. 28.08 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. 28.09 It is agreed that provisions for an increase in the Benefit Plan 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.
Appears in 8 contracts
Sources: Collective Labour Agreement, Collective Labour Agreement, Collective Labour Agreement
Benefit Plan. The Parties hereto agree to the on a Benefit Plan as follows:
28.01 26.01 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.
28.02 26.02 The employer Employer shall make contributions in accordance with at the rate of one dollar sixty cents ($1.60) per hour paid remitted as per Article 2725.01.
28.03 26.03 The Benefit Plan shall be professionally administered and all monies so accrued during a calendar month will be payable not later than the tenth (10th) day of the month following to:administered.
28.04 26.04 Each employer Employer shall sign a Participation Agreement participation agreement as approved by the Trustees.
28.05 Neither the Union nor the CLRA shall incur any legal liability with regard to claims arising from the Benefit Plan.
28.06 26.05 The Parties hereto agree that the Board of Trustees appointed pursuant to the Agreement and Declaration of Trust establishing the Benefit Plan 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.
28.07 26.06 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.
28.08 26.07 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 civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages and costs.
28.09 26.08 It is agreed that provisions for an increase in the Benefit Plan will be implemented if so desired by the Local, with the employer Employer contribution to be deducted from the wage rates contained herein, provided the employer Employer receives sixty (60) days notice of such change.
26.09 Neither the Operating Engineers Local 721 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Benefit Plan.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Benefit Plan. The Parties hereto agree to the on a Benefit Plan as follows:
28.01 26.01 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.
28.02 26.02 The employer Employer shall make contributions in accordance with at the rate of one dollar eighty-five cents ($1.85) per hour paid and effective January 1, 2022, two dollars ten cents ($2.10) per hour paid and effective January 1, 2023, two dollars thirty-five cents ($2.35) per hour paid and effective January 1, 2024, two dollars sixty cents ($2.60) per hour paid remitted as per Article 2725.01.
28.03 26.03 The Benefit Plan shall be professionally administered and all monies so accrued during a calendar month will be payable not later than the tenth (10th) day of the month following to:administered.
28.04 26.04 Each employer Employer shall sign a Participation Agreement participation agreement as approved by the Trustees.
28.05 Neither the Union nor the CLRA shall incur any legal liability with regard to claims arising from the Benefit Plan.
28.06 26.05 The Parties hereto agree that the Board of Trustees appointed pursuant to the Agreement and Declaration of Trust establishing the Benefit Plan 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.
28.07 26.06 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.
28.08 26.07 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 civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages and costs.
28.09 26.08 It is agreed that provisions for an increase in the Benefit Plan will be implemented if so desired by the Local, with the employer Employer contribution to be deducted from the wage rates contained herein, provided the employer Employer receives sixty (60) days notice of such change.
26.09 Neither the Operating Engineers Local 721 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Benefit Plan.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Benefit Plan. The Parties hereto agree to the on a Benefit Plan as follows:
28.01 26.01 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.
28.02 26.02 The employer Employer shall make contributions in accordance with at the rate of one dollar sixty cents ($1.60) per hour paid and effective January 1, 2021, one dollar eighty-five cents ($1.85) per hour paid remitted as per Article 2725.01.
28.03 26.03 The Benefit Plan shall be professionally administered and all monies so accrued during a calendar month will be payable not later than the tenth (10th) day of the month following to:administered.
28.04 26.04 Each employer Employer shall sign a Participation Agreement participation agreement as approved by the Trustees.
28.05 Neither the Union nor the CLRA shall incur any legal liability with regard to claims arising from the Benefit Plan.
28.06 26.05 The Parties hereto agree that the Board of Trustees appointed pursuant to the Agreement and Declaration of Trust establishing the Benefit Plan 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.
28.07 26.06 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.
28.08 26.07 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 civil action in the Supreme Court of Nova Scotia with respect to the collection of any outstanding contributions, damages and costs.
28.09 26.08 It is agreed that provisions for an increase in the Benefit Plan will be implemented if so desired by the Local, with the employer Employer contribution to be deducted from the wage rates contained herein, provided the employer Employer receives sixty (60) days notice of such change.
26.09 Neither the Operating Engineers Local 721 nor the Nova Scotia Construction Labour Relations Association Limited shall incur any legal liability with regard to claims arising from the Benefit Plan.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement