Opening of Bids - Small Drainage Design and Repair Project No 118-063 - G.E. Marshall Inc

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(c) There is no genuine dispute that there is a delinquency. ARTICLE 14 PENSION Section 1. The Employer shall pay the following amounts per hour worked per employee into Teamsters Union No. 142 Pension Trust Fund (Fund), an irrevocable trust heretofore created by an Agreement and Declaration of Trust (Trust Agreement) pursuant to a Collective Bargaining Agreement between certain Employers and the Union. PERIOD EMPLOYER CONTRIBUTION 6/01/16 - 5/31/17 $10.00 6/01/17 - 5/31/18 TBID 6/01/18 - 5131/19 TBID The Fund shall use these payments for purposes permitted under the Trust Agreement to provide pension, death and such other benefits as permitted by said Trust Agreement, as amended from time to time, and by Section 302 (c) of the Labor -Management Relations Act of 1947 and the Employees Retirement Income Security Act of 1974. The Trustees of the Fund shall have the sole power (a) to construe the provisions of the Trust Agreement and rules and regulations and all terms used therein, and (b) to determine all disputes with respect to eligibility, the right to participate in benefits of the Fund, time, method of payment, payment during periods of employee illness or disability, methods of enforcement of payment and related matters, and any construction adopted and any determination made by the Trustees In good faith shall be final and binding upon all Employers, employees, participants, legal representatives, dependents, relatives, and all persons and parties. The method of paying and calculating such contributions, excepting only as to amounts, shall be in accordance with the provisions set forth in this Agreement with respect to Health and Welfare Payments. In the event an Employer is delinquent in the payment of the amounts due pursuant to this Article, the Union shall have the right to strike such Employer only if: (a) The payment is more than thirty (30) days past due. (b) After the elapse of thirty (30) days from the due date, the Union has given ten (10) days written Notice by certified mail with a copy to the Group and any appropriate prime contractor, of such delinquency, in which notice the Union states that the Employer is delinquent and failure to make payment within ten (10) days of receipt of such notice will result in a strike; and (c) There is no genuine dispute that there is a delinquency, Section 2. In the event that a contributing Employer becomes delinquent for more than 90 days with one or more of the Fund(s) to which contributions are due pursuant to this Agreement and that such Employer has not resolved the delinquency with one or more of the Fund(s) or its' representatives pursuant to a payment plan or other similar arrangement, the Union will strike the Employer on the 91st day of the delinquency. If the Employer is on a payment plan with the Fund, the Employer must be current under the settlement agreement(s) or be in good faith with such agreements(s) conditioned upon the actions of the Employer and the opinion of the Fund(s) and their representatives. Delinquencies pursuant to payroll audits will be treated as new delinquencies as of the date of the audit and such noted delinquencies will be subject to strike action by the Union if the Employer does not resolve the delinquency by the 90th day of the audit date. 17