Common use of Obligation to Contribute Clause in Contracts

Obligation to Contribute. Each Employer shall contribute to the Trust in the amounts and at the times required under the Collective Bargaining Agreement and Participation Agreement. Employer contributions constitute an absolute obligation to the Trust, and the obligation is not subject to set off or counterclaim for any liability of the Union, Local Union, Employee or Beneficiary. An Employer's obligation to contribute to the Trust at the rate for each Benefit Plan established by the Trustees continues until the Employer notifies the Trustees by certified mail, with a copy to the Local Union, that the Employer no longer has a legal duty to contribute to the Trust, and the Trustees acknowledge the termination in writing. The Employer shall set forth in the written notice the specific basis upon which its legal duty to contribute to the Trust has terminated. Employer contributions shall be paid to the Trustees or to the depository designated by the Trustees by check, bank draft, money order or other negotiable, written and recognized method of transmitting money. Employer contributions shall be submitted together with forms approved by the Trustees and shall be made periodically at such times as the Trustees shall specify by rules and regulations. The Trustees reserve the right to reject contributions from and coverage of the Employees of any Employer whose Collective Bargaining Agreement or other agreement or understanding fails to satisfy applicable law or the requirements for participation in a Benefit Plan or threatens the actuarial soundness of a Benefit Plan or the Trust Fund. Any agreement or understanding between the parties that in any way alters or affects or purports to alter or affect the Employer's contribution obligation as set forth in this Trust Agreement, the Collective Bargaining Agreement or Participation Agreement shall be submitted promptly to the Trust in the same manner and subject to the same right of rejection as contributions under a Collective Bargaining Agreement; any such agreement or understanding between the parties that has not been disclosed to the Trust as required by this paragraph shall not be binding on the Trustees and shall not affect the Employer's obligation to contribute to the Trust as set forth in the Collective Bargaining Agreement and Participation Agreement. An Employer’s contributions for an Employee must begin not later than 90 days after the Employee’s date of hire, excluding any probationary period that is completed by its terms within 210 calendar days, 150 working days, or 1200 working hours; provided, however, that the Trustees may agree to a longer period before commencement of contributions for an Employee if the Trustees determine, in their discretion, that the longer period is based on an Employer’s substantive requirement and not solely on the passage of time.

Appears in 4 contracts

Samples: Agreement and Declaration, Agreement and Declaration, Agreement and Declaration

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Obligation to Contribute. Each Employer shall contribute to the Trust in the amounts and at the times required under the Collective Bargaining Agreement and Participation Agreement. Employer contributions constitute an absolute obligation to the Trust, and the obligation is not subject to set off or counterclaim for any liability of the Union, Local Union, Employee or Beneficiary. An Employer's obligation to contribute to the Trust Fund at the rate for each Benefit Plan established by the Trustees continues until the Employer notifies the Trustees by certified mail, with a copy to the Local Union, that the Employer no longer has a legal duty to contribute to the TrustFund, and the Trustees acknowledge the termination in writing. The Employer shall set forth in the written notice the specific basis upon which its legal duty to contribute to the Trust Fund has terminated. Employer contributions shall be paid to the Trustees or to the depository designated by the Trustees by check, bank draft, money order or other negotiable, written and recognized method of transmitting money. Employer contributions shall be submitted together with forms approved by the Trustees and shall be made periodically at such times as the Trustees shall specify by rules and regulations. The Trustees reserve the right to reject contributions from and coverage of the Employees of any Employer whose Collective Bargaining Agreement or other agreement or understanding fails to satisfy applicable law or the requirements for participation in a Benefit Plan the Fund or threatens the actuarial soundness of a Benefit Plan or the Trust Fund. Any agreement or understanding between the parties that in any way alters or affects or purports to alter or affect the Employer's contribution obligation as set forth in this Trust Agreement, the Collective Bargaining Agreement or Participation Agreement shall be submitted promptly to the Trust Fund in the same manner and subject to the same right of rejection as contributions under a Collective Bargaining Agreement; any such agreement or understanding between the parties that has not been disclosed to the Trust Fund as required by this paragraph shall not be binding on the Trustees and shall not affect the Employer's obligation to contribute to the Trust Fund as set forth in the Collective Bargaining Agreement and Participation Agreement. An Employer’s contributions for an Employee must begin not later than 90 days after the Employee’s date of hire, excluding any probationary period that is completed by its terms within 210 calendar days, 150 working days, or 1200 working hours; provided, however, that the Trustees may agree to a longer period before commencement of contributions for an Employee if the Trustees determine, in their discretion, that the longer period is based on an Employer’s substantive requirement and not solely on the passage of time.

Appears in 3 contracts

Samples: Agreement and Declaration, Agreement and Declaration, Trust Agreement

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Obligation to Contribute. Each Employer shall contribute to the Trust in the amounts and at the times required under the Collective Bargaining Agreement and Participation Agreement. Employer contributions constitute an absolute obligation to the Trust, and the obligation is not subject to set off or counterclaim for any liability of the Union, Local Union, Employee or Beneficiary. An Employer's obligation to contribute to the Trust at the rate for each Benefit Plan established by the Trustees continues Trusteescontinues until the Employer notifies the notifiesthe Trustees by certified mailbycertifiedmail, with a copy to the Local Union, that the Employer no longer has a legal duty to contribute to the Trust, and the Trustees acknowledge the termination thetermination in writing. The Employer shall set shallset forth in the written notice the specific basis upon which its legal duty to contribute writtennoticethespecific basisupon whichitslegal dutytocontribute to the Trust has Trusthas terminated. Employer contributions shall be paid to shallbepaidto the Trustees or to the depository designated by the thedepositorydesignatedbythe Trustees by check, bank draftbankdraft, money order moneyorder or other negotiable, written and recognized method of andrecognizedmethodof transmitting money. Employer contributions shall be submitted together shallbe submittedtogether with forms approved by the approvedbythe Trustees and shall be made periodically at such times as the madeperiodicallyatsuchtimes asthe Trustees shall specify shallspecify by rules and regulationsrulesandregulations. The Trustees reserve reservethe right torejectcontributions from andcoverageof the right to reject contributions from and coverage of the Employees of any Employeesofany Employer whose Collective Bargaining Agreement or Agreementor other agreement or understanding fails agreementor understandingfails to satisfy applicable law or lawor the requirements for participation forparticipation in a Benefit Plan or threatens the actuarial soundness of a Benefit Plan or the Trust Fund. Any agreement or agreementor understanding between the parties betweentheparties that in any way alters anywayalters or affects or purports to purportsto alter or affect the Employer's contribution obligation as set forth contributionobligationas setforth in this Trust Agreement, the Collective Bargaining Agreement or Agreementor Participation Agreement shall be submitted promptly to the Agreementshallbe submittedpromptlytothe Trust in the same thesame manner and subject to the same right of rejection as contributions under a Collective Bargaining Agreement; any such agreement or understanding between the parties that has not been disclosed to the anysuchagreementor understandingbetweentheparties thathas notbeendisclosedtothe Trust as required by this asrequiredbythis paragraph shall not be binding shallnotbebinding on the Trustees and shall not affect shallnotaffect the Employer's obligation to contribute to the Trust as set forth in the Collective Bargaining Agreement and Participation Agreement. An Employer’s contributions for an Employee must begin mustbegin not later than 90 days after daysafter the Employee’s date of dateof hire, excluding any probationary period that excludinganyprobationaryperiodthat is completed by its completedbyits terms within 210 calendar days, 150 working daysworkingdays, or 1200 working hoursworkinghours; provided, however, that the Trustees may agree to a mayagreetoa longer period before commencement of contributions for an Employee if the Trustees determine, in their discretion, ,that the longer period is based on an Employer’s substantive Employer’ssubstantive requirement and not solely on the passage of time.

Appears in 1 contract

Samples: Agreement and Declaration

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