Opening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 3

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ARTICLE VII Section 1 - WELFARE FUND AND RETIREE MEDICAL SAVINGS (A) Welfare Fund Effective June 1, 2017, the Employer shall pay Fourteen Dollars and Five Cents ($14.05) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund. Effective June 1, 2018, the Employer shall pay Fourteen Dollars and Fifty Cents ($14.50) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund. Effective June 1, 2019, the Employer shall pay Fifteen Dollars and Zero Cents ($15.00) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund. Contributions to the aforesaid Health and Welfare Fund shall not constitute or be deemed wages due to the employee. It is understood and agreed that the Employer shall be bound to the terms and provisions of the Agreement and Declaration of Trust of the Midwest Operating Engineers Welfare Fund, and all amendments heretofore or hereafter made thereto, as though the same were fully incorporated herein. The Welfare Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Health and Welfare Fund shall not constitute or be deemed wages due to the employee. If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection; including, but not limited to, attorney fees. Effective June 1, 2017, the parties recognize that individuals employed by corporations who are party to this Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these employees receive compensation in such a manner that it is difficult to determine for purposes of fringe benefit contributions the precise number of hours which are spent performing bargaining unit work. It is therefore agreed that when an employee who is employed by a corporation, performs both bargaining unit work and non -bargaining unit work and who: A. Is a shareholder, officer and/or director of the corporation or Employer; B. Is a relative (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law) of a shareholder, officer and/or director of the corporation or Employer The Employer shall be required to make contributions on behalf of such employee on the basis of 120 hours, twelve (12) months a year, based on the contribution rates established herein. Failure by the Employer to make timely payments shall result in such persons) not being eligible for benefits; such benefits shall be reinstituted upon back payment being made. However, such suspension of benefits shall not relieve the Employer of its obligations under this Section. It is agreed that the 120 hour clause of this section should not apply to an LLC unless such person has a percentage of ownership of greater than 15%. Is a relative ... the bargaining parties have agreed that any shareholder/relative reporting under this clause at the discretion of the Employer must report either actual hours worked per month or a minimum of 120 hours per 19 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc