Common use of FRINGE BENEFIT PROGRAMS Clause in Contracts

FRINGE BENEFIT PROGRAMS. 34. The fringe benefit provisions contained herein shall apply to all Employer members of the Labor Relations Division of the Ohio Contractors Association, all Employers who be- come signatory, or bound by this Agreement, and any other Employer or Employer groups who become a party to an agreement covering the Fringe Benefit Programs set forth herein. 35. Fringe benefit contributions shall be paid at the fol- lowing rates for all hours paid to each employee by the Em- ployer under this Agreement which shall in no way be consid- ered or used in the determination of overtime pay. Hours paid shall include holidays and reporting hours which are paid. A. PENSION FUND: Effective May 1, 2010 is $5.00 per hour B. HEALTH & WELFARE PLAN: Effective May 1, 2010 is $6.66 per hour C. APPRENTICESHIP FUND: Effective May 1, 2010 is $.55 per hour D. SAFETY TRAINING & EDUCATIONAL TRUST FUND: Effective May 1, 1974 is $.04 per hour The Union shall have the option of diverting all or any part of the increase scheduled for improvement of or payment of costs of any fund benefits provided under this Agreement; provided that the Union gives the Employer written notice of its election to do so by registered letter sent to the office of the Ohio Contractors Association at least 60 days before the effective date of the scheduled change specifying in said notice the amount of change to be applied for this purpose in the fund benefit for which the money is to be used. 36. It is further understood and agreed by and between the parties that duly authorized representatives of any of said Trust Funds or Plan shall have the right, on written notice, to audit during regular working hours, the books and records of any party obligated under this Agreement to contribute thereto, 37. Reports of employees who have worked, the number of hours that they have been paid, and such other data and information as may be required, and all contributions payable to the Funds or Plan shall be transmitted to the offices of the Funds or Plan no later than the fifteenth (15th) day of the month immediately following the calendar month in which the work was performed. In the event said audit is refused, reports not furnished, or said contributions are not paid, as aforesaid, the following remedies, in whole or in part, and in addition to all other remedies, either in law, in equity, by contract, or autho- rized by the aforementioned Agreements and Declarations of Trust, shall be available: A. After the Trustees, or the Agent of any Funds or Plan have given the delinquent Employer twenty-four (24) hours written notice at the address shown in the records of the Funds, Plan or Union, the Union shall have the right to take such legal and lawful action as it may deem necessary, until such delinquent payments are made, or said audit is permit- ▇▇▇, such action including, but not limited to, the right to with- hold its services from such Employer for as long as the failure to make such contributions or audit continues, Article XV notwithstanding. B. In the event either the Union or the Trustees of any Funds or Plan may decide to utilize the grievance and arbitra- tion procedure in this paragraph to collect delinquent contribu- tions and liquidate damages, to enforce any audit, or to obtain any report, the following procedure shall apply: 1. Unless the issue is resolved between the Employer and the party giving notice, within five (5) calendar days after deposit of written notice of delinquency and/or demand for au- dit and/or report in the United States mail, to the Employer at the address shown in the records of the Funds, Plan, or Union, such party may refer the matter to an arbitrator to be named by the Labor Relations Division of the Ohio Contractors Associa- tion, and by Local 18 of the International Union of Operating Engineers, whose decision in writing shall be final and binding on all parties. In the event such parties are unable to choose an arbitrator within ten (10) days after written request therefor, the Union or the Trustees of any Funds or Plan may request an arbitrator according to the rules and regulations of the Ameri- can Arbitration Association, whose decision in writing shall be final and binding on all parties. The parties to the arbitration shall each bear one-half (1/2) of the total costs. 38. The Employer and the Union shall each appoint two

FRINGE BENEFIT PROGRAMS. 3442. The fringe benefit provisions contained herein shall apply to all Employer members of the Labor Relations Division of the Ohio Contractors AssociationCEA for whom it holds bargaining rights, and all Employers who be- come signatory, become signatory or bound by this Agreement, and any other Employer or Employer groups who become a party to an agreement covering the Fringe Benefit Programs fringe benefit programs set forth herein. 3543. All Employers bound hereby agree to be bound by the Agreement and Declarations of Trust, as amended, establishing the Pension Fund, Health and Welfare Plan, and Apprenticeship Fund, copies of which all parties agree have been furnished to and read by all Employers bound hereby prior to the execution of this Agreement. It is mutually agreed that the provisions of said Agreements and Declarations of Trust and any rules, regula- 44. Fringe benefit contributions shall be paid at the fol- lowing follow- ing rates for all hours paid to each employee by the Em- ployer Employer under this Agreement which shall in no way be consid- ered considered or used in the determination of overtime pay. Hours paid shall include holidays and reporting hours which are paid. A. . PENSION FUND: Effective May 1, 2010 2021 is $5.00 6.25 per hour B. hour HEALTH & WELFARE PLANFUND: Effective May June 1, 2010 2022 is $6.66 9.01 per hour C. hour APPRENTICESHIP FUND: Effective June 1, 2019 is $0.85 per hour EDUCATION & SAFETY FUND: Effective July 1, 2015 is $0.09 per hour IUOE NATIONAL TRAINING FUND: Effective May 1, 2010 is $.55 per hour2020 is D. SAFETY TRAINING & EDUCATIONAL TRUST FUND: Effective May 1, 1974 is $.04 per hour The Union shall have the option of diverting all or any part of the increase scheduled for improvement of or payment of costs of any fund benefits provided under this Agreement; provided that the Union gives the Employer written notice of its election to do so by registered letter sent to the office of the Ohio Contractors Association at least 60 days before the effective date of the scheduled change specifying in said notice the amount of change to be applied for this purpose in the fund benefit for which the money is to be used. 3645. It is further understood and agreed by and between the parties that duly authorized representatives of any of said Trust Funds or Plan shall have the right, on written notice, to audit during regular working hours, the books and records of any party obligated under this Agreement to contribute thereto,, with respect to the hours worked by and wages paid to all employees upon whom the Employer is obli- gated to make contributions and with respect to the payment of monies to the Construction Industry Service Program (CISP) 3746. Reports of employees who have worked, the number of hours that they have been paid, and such other data and information infor- mation as may be required, and all contributions payable to the Funds or Plan shall be transmitted to the offices of the Funds or Plan no later than the fifteenth (15th) day of the month immediately following the calendar month in which the work was performed. In the event said audit is refused, reports not furnished, or said contributions are not paid, as aforesaid, the following remedies, in whole or in part, and in addition to all other remedies, either in law, in equity, by contract, or autho- rized authorized by the aforementioned Agreements and Declarations of Trust, shall be available: A. After the Trustees, Trustees or the Agent of any Funds or Plan have given the delinquent Employer twenty-four (24) hours written writ- ten notice at the address shown in the records of the Funds, Plan Plan, or Union, the Union shall have the right to take such legal and lawful action as it may deem necessary, necessary until such delinquent payments are made, made or said audit is permit- ▇▇▇permitted, such action including, including but not limited to, to the right to with- hold withhold its services from such Employer for as long as the failure to make such contributions or audit continues. In the event that an Employer is sixty (60) days delinquent in the payment of fringe benefits, Article XV notwithstandingthe Union shall withhold its services until the Employer has reached complete compliance and shall be required to make payments on a weekly basis thereafter. B. In the event either the Union or the Trustees of any Funds or Plan may decide to utilize the grievance and arbitra- tion arbitration procedure in this paragraph to collect delinquent contribu- tions contributions and liquidate damages, liquidated damages to enforce any audit, or to obtain any report, the following procedure shall apply: (1. ) Unless the issue is resolved between the Employer Em- ployer and the party giving notice, notice within five (5) calendar days after deposit of written notice of delinquency and/or demand for au- dit audit and/or report in the United States mail, to the Employer at the address shown in the records of the Funds, Plan, or Union, such party may refer the matter to an arbitrator to be named by the Labor Relations Division of the Ohio Contractors Associa- tion, CEA and by Local 18 of the International Union of Operating Engineers, Engineers whose decision in writing shall be final and binding on all parties. In the event such parties are unable to choose an arbitrator within ten (10) days after written request therefortherefore, the Union or the Trustees of any Funds or Plan may request an arbitrator according to the rules and regulations of the Ameri- can American Arbitration Association, Association whose decision in writing shall be final and binding on all parties. The parties to the arbitration shall each bear one-half (1/2) of the total costs. 3847. In no event shall the foregoing provisions relating to fringe benefits be subject to or suitable for grievance and arbi- tration under Article XIV of this Agreement. 48. The Employer must obtain an insurance payment bond (IPB) from a company that is "best" rated A, financial category 7 or better, payable to the Ohio Operating Engineers Fringe Benefit Program as a guarantee that the fringe benefits referred to herein are paid by the insurance carrier in the event the Employer be- comes delinquent in its payments and defaults thereon. In lieu of a surety bond, an Employer may substitute an equivalent cash bond, which will be escrowed to guarantee payment of fringes. If the Employer fails to provide the necessary bond within thirty (30) days of request by the Union, the Union shall each appoint twowithhold services until receipt of such bond, or the Employer makes fringe 49. In the event that federal health care reform legislation be- comes effective during the term of this Agreement, which imposes obligations on the parties requiring modification of the Health and Welfare provisions of this Agreement, it is agreed that the parties will immediately meet to negotiate appropriate modifications.