Opening of Bids - Privet Lane Culvert Replacement Project Proj No 118-013B - G. E. Marshall, Inc.

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Section 5. 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.. ARTICLE 10 BOND FOR WAGES & FRINGE BENEFITS Section 1. The Union may at its discretion require those Employers covered by this agreement, who have not maintained an established office in the jurisdiction of Teamsters Local Union No. 142 for five (5) years or more, or an Employer who has a past record of delinquencies of payments, shall be required by the Union to submit a surety bond payable to Teamsters Local Union No. 142 to insure the payment of wages and fringe benefit obligations which includes withdrawal liability obligations accruing under this Agreement. The amount of the surety bond shall be based on the average number of employees covered by this Agreement, which shall be computed as the total hours for which contributions were paid for the immediately preceding calendar year divided by 1,500 hours (an estimate of average annual hours for a covered employee): Average Number of Employees Covered by this Agreement for Preceding Calendar Year Amount of Bond 1 through 5...,,,.................................. $ 50,000.00 6 through 10..100,000.00 11 through 20 $ 150,000.00 21 through 40. ............................ ...... $ 200,000,00 41 ormore................e.............o..............$300,000.00 The employer shall provide a written computation of its average number of employees for the preceding calendar year with each bond. Section 2. The employer shall obtain the surety bond in the required amount written by a responsible Surety Company. The bond will be given to Teamsters Local Union No. 142 where it will be kept. Section 3. Should an employer fail or refuse to provide the required surety bond, or should an employer fail to keep a bond in effect at all times, the Union shall have the right to strike and/or picket, after notice, and use all other legal and/or economic means to cause the employer to comply with this Article. Section 4. If an employer fails to post the required bond within thirty (30) days after the date on which the employer is required to post such bond, the Union shall notify the Four County Highway Contractors Group that the employer has failed to post the required bond. Section 5. If an employer fails to post the required bond within sixty (60) days after the date on which the employer is required to post such bond, the Union shall immediately cease to refer employees to the l0