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Effective June 1, 2017, the parties recognize that individuals employed by corporations who are party to this <br />Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these employees receive <br />compensation in such a manner that it is difficult to determine for purposes of fringe benefit contributions the precise <br />number of hours which are spent performing bargaining unit work. It is therefore agreed that when an employee who <br />is employed by a corporation, performs both bargaining unit work and non -bargaining unit work and who: <br />A. Is a shareholder, officer and/or director of the corporation or Employer; <br />B. Is a relative (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law) <br />of a shareholder, officer and/or director of the corporation or Employer <br />the Employer shall be required to make contributions on behalf of such employee on the basis of 120 hours, <br />twelve (12) months a year, based on the contribution rates established herein. <br />It is agreed that the 120 hour clause of this section should not apply to an LLC unless such person has a <br />percentage of ownership of greater than 15%. <br />Is a relative ... the bargaining parties have agreed that any shareholder/relative reporting under this clause at <br />the discretion of the Employer must report either actual hours worked per month or a minimum of 120 hours per <br />month twelve (12) months a year. <br />Section 3 - Vacation Fund <br />Effective June 1, 2017, the Employer shall pay One Dollar and Twenty Cents ($1.20) per hour for each hour <br />wages are received by an Employee covered by this Agreement into the Local 150 IUOE Vacation Savings Plan. <br />In computing the Vacation Pay per hour, the Employer is required to add the amount per hour to the employee's <br />gross wages and then deduct the Social Security and Withholding Tax from the gross figure on each check. The Vacation <br />Pay for each hour shall then be set aside for remittance to the Vacation Savings Plan. <br />For apprentices see schedule in Article VI, Section 2. <br />Each Employer bound hereby irrevocably appoints as his representative on the Board of Trustees such Trustees <br />as are named in the Agreement and Declaration of Trust as Employer Trustees and their successors duly appointed as <br />therein set forth, and agrees to be bound by all the terms and provisions of the Agreement and Declaration of Trust, <br />Local 150 I.U.O.E. Vacation Savings Plan, and all amendments heretofore or hereafter made thereto, as though the same <br />were fully incorporated herein. <br />Payments accompanied by monthly reports on forms provided for same are due in the Vacation Savings Plan <br />Office, 6150 Joliet Road, Countryside, Illinois 60525, not later than the tenth (10th) day of the following month for the <br />preceding month. Report forms are available at the above address. However, if payment is not in by the twentieth <br />(20th) day of the month, it shall be considered a violation of this Agreement and shall be liable for contributions due, <br />liquidated damages, interest, and any other cost of collection; including, but not limited to, attorney fees. <br />Additional information and Employer code numbers can be obtained in the Vacation Savings Office at 6150 <br />Joliet Road, Countryside, Illinois 60525. <br />Section 4 - Apprenticeship and Skill Improvement Fund <br />A Trusteed Apprenticeship and Skill Improvement Fund has been created and is known as the Operating <br />Engineers Local 150 Apprenticeship Fund. <br />Effective June 1, 2017, the Employer shall pay Thirty -Five Cents ($0.35) per hour for each hour wages are <br />received by the Employees covered by this Agreement into the aforesaid Apprenticeship Fund. <br />It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and <br />Declaration of Trust of the Apprenticeship Fund, and all amendments heretofore or hereafter made thereto, as though <br />21 <br />MICHIANA BUILDERS ASSOCIATION INC <br />FINAL <br />DFAGAN.JGARDNER.NCLINE <br />MAY 19, 2017 mlc <br />