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and the written certification of the Ind iana/Kentucky/Ohio Regional Council of
<br />Carpenters that all employees, wages, fringe benefit contributions, wage
<br />deductions, delinquent contributions, and interest owed have been paid.
<br />(c) In the event an Employer does not provide a bond or cash escrow account as
<br />required herein, the Union may send a 96 hour written notice to the Employer
<br />informing them that all bargaining unit employees will be removed from the
<br />Employer's job site until such time as the Employer comes into compliance with
<br />this contracted provision. The removed employees will be paid straight time.
<br />Section 8. PAYROLL AUDITS.
<br />(a) The Trustees of any Fringe Benefit Fund to which the EMPLOYER is obligated to
<br />contribute under this AGREEMENT shall have the responsibility and the right to verify the
<br />accuracy of an EMPLOYER'S contributions to or deduction for Indiana/Kentucky/Ohio
<br />Regional Council of Carpenters Pension Trust Fund, Indiana/Kentucky/Ohio Regional
<br />Council of Carpenters Joint Apprenticeship Fund, Construction Advancement Foundation
<br />Industry Fund, Vacation/Savings Fund, 8CRC, Annuity, Welfare, Market Recovery,
<br />C.O.P.E., UBC National Training Fund, Journeyman Upgrade, Dues Check -off and/or
<br />Working Assessment, Building Industry Marketing Program Trust Fund, and Carpenters
<br />Training Promotional Labor Management Cooperative Committee by performing an audit
<br />of the EMPLOYER's payroll records. Such audits shall be performed by the authorized
<br />representatives of the Trustees and shall be performed during the EMPLOYER's regular
<br />business hours, or at such other time as the EMPLOYER and TRUSTEES shall agree,
<br />following ten days written advance notice given to the EMPLOYER. If an audit of an
<br />EMPLOYER's payroll discloses a delinquency in any of the above funds, in excess of 5%
<br />of the total amount due for any such purposes for the period covered by the audit, the
<br />EMPLOYER shall be assessed the costs of the audit, plus any additional expenses
<br />incurred in the collection of such delinquent contributions, including reasonable attorney's
<br />fees and court costs. The costs of the audit, when not assessed against the EMPLOYER,
<br />shall be shared by the recipients of the contributions, on a proportional basis, based upon
<br />the ratio of rates of cont6butions. Under any circumstances, all delinquencies, interest
<br />and liquidated damages shall be promptly paid. However, if the Employer refuses to
<br />permit an audit thereby causing the initiation of a lawsuit to force the Employer to permit
<br />an audit, then that Employer shall pay for the costs of the audit, plus reasonable fees and
<br />costs incurred due to the necessity of filing the lawsuit without regard to whether a
<br />delinquency is found.
<br />(b) In the event of a proven delinquency on the part of an EMPLOYER solely for payments
<br />to the Vacation/Savings or Dues Check Off to the UNION, then the right to request an
<br />audit shall lie with the UNION, who is responsible for enforcement of the payments. In
<br />such cases, on notice from the UNION, audits as provided above shall be conducted to
<br />determine the delinquencies which are due these accounts.
<br />Section 9. DELINQUENCIES IN PAYMENTS.
<br />(a) When an EMPLOYER has not posted a bond or becomes delinquent in
<br />payment of Wages, Vacation/Savings, Dues Check Off (or working assessment), Welfare,
<br />Pension, Annuity, Apprenticeship, Journeyman Upgrade, Market Recovery, BCRC, UBC
<br />National Training Fund, C.O.P.E., Carpenters Training Promotional LMCC, Building
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