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HomeMy WebLinkAboutC-3288 - Agreement and Declaration of Trust, MOU and Standard Form of Participation AgreementThe undersigned Employer and Union represent that the only agreement between the said parties regarding pensions or retirement for employees covered by the Collective Bargaining Agreement between the parties is as follows: St' 1. Commencing with the day of 19 and for the duration of the current Collective Bargaining Agreement between the said parties, and any renewals or extensions thereof, the Employer agrees to make payments to the Laborers' International Union of North America National (Industrial) Pension Fund for each employee covered by said Collective Bargaining Agreement, as follows: (only one section (a), (b) or (c) is to be completed) (a) For each day portion thereof for which an employee receives pay, the Employer shall make a contribution of $ per hour to the above -named Pension Fund, but not less than $ per day (B x the hourly rat.l per week (5 x the daily rate) for each employee. For the purposes of this Agreement, each d aid for, including days of paid vacation, paid holidays and other days for which pay is received by the em yee, in accordance with the Collective Bargaining Agreement, shall be counted as days for which contributions are payable. (b) For each ho or portion thereof for which an employee receives pay, the Employer shall make a contribution of to the above -named Pension Fund for which the employee is paid. For purposes of this Agree nt each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is re ' ed by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours Jef which contributions are payable. (c) For each hour or portion therof for which an employee receives pay, the Employer shall make a contribution Of 17. % for which a gross salary is paid to the Employee to the above -named Pension Fund. For purposes of this Agreement each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is received by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. 2. Contributions shall be paid on behalf of an employee starting with the employee's first day of employment in a job classification covered by the Collective Bargaining Agreement. 3. The payments to the Pension Fund required above shall be made to the "LIUNA National (Industrial) Pension Fund" which was established under an Agreement and Declaration of Trust, a copy of which has been signed by the Employer in the place provided at the end of such agreement. 4. It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purposes of determining the accuracy of contributions to the Pension Fund. 5. If the Employer becomes delinquent in making its required contributions to the Fund within the meaning of the Agreement and Declaration of Trust, the Union shall have the right to take whatever steps it deems necessary to secure compliance with this Agreement, any provision of the Collective Bargaining Agreement notwithstanding; however, such action by the Union shall neither bind nor otherwise affect the Pension Fund's rights and recourse with respect to the Employer's delinquency. The Employer's liability for payment hereunder shall not be subject to any grievance or arbitration procedure provided under the Collective Bargaining Agreement. An Employer which becomes delinquent in making contributions to the Pension Fund shall be subject to the procedures and remedies provided in the Agreement and Declaration of Trust, including interest, liquidated damages, auditing charges, attorneys' fees and court costs. W i" TRU ES f� LA ERS' INTERNATIONAL UNIO F u rnF s I NORTH AMERICA ARTHUR A. Cou. CO- CHAIRMAN ' NATIONAL (INDUSTRIAL) PENSION FUND JAMES J. NORWOOD yam^ 905 - 16th Street, N.W. MASON M. WARREN Washington, D.C. 20006 -1765 EMPLOYER TRUSTEES GEORGE F. HAMMERSM(TK SR., FUND ACKNISTRATOR .44w- CO- CHAIRMAN HENRY J. MORESCHI ALFRED A. CAVALLARO PHONE: (202) 737 -1664 GEORGE J. FISCHER FAX: (202) 3470721 "STANDARD FORM OF PARTICIPATION AGREEMENT" The undersigned Employer and Union represent that the only agreement between the said parties regarding pensions or retirement for employees covered by the Collective Bargaining Agreement between the parties is as follows: St' 1. Commencing with the day of 19 and for the duration of the current Collective Bargaining Agreement between the said parties, and any renewals or extensions thereof, the Employer agrees to make payments to the Laborers' International Union of North America National (Industrial) Pension Fund for each employee covered by said Collective Bargaining Agreement, as follows: (only one section (a), (b) or (c) is to be completed) (a) For each day portion thereof for which an employee receives pay, the Employer shall make a contribution of $ per hour to the above -named Pension Fund, but not less than $ per day (B x the hourly rat.l per week (5 x the daily rate) for each employee. For the purposes of this Agreement, each d aid for, including days of paid vacation, paid holidays and other days for which pay is received by the em yee, in accordance with the Collective Bargaining Agreement, shall be counted as days for which contributions are payable. (b) For each ho or portion thereof for which an employee receives pay, the Employer shall make a contribution of to the above -named Pension Fund for which the employee is paid. For purposes of this Agree nt each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is re ' ed by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours Jef which contributions are payable. (c) For each hour or portion therof for which an employee receives pay, the Employer shall make a contribution Of 17. % for which a gross salary is paid to the Employee to the above -named Pension Fund. For purposes of this Agreement each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is received by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. 2. Contributions shall be paid on behalf of an employee starting with the employee's first day of employment in a job classification covered by the Collective Bargaining Agreement. 3. The payments to the Pension Fund required above shall be made to the "LIUNA National (Industrial) Pension Fund" which was established under an Agreement and Declaration of Trust, a copy of which has been signed by the Employer in the place provided at the end of such agreement. 4. It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purposes of determining the accuracy of contributions to the Pension Fund. 5. If the Employer becomes delinquent in making its required contributions to the Fund within the meaning of the Agreement and Declaration of Trust, the Union shall have the right to take whatever steps it deems necessary to secure compliance with this Agreement, any provision of the Collective Bargaining Agreement notwithstanding; however, such action by the Union shall neither bind nor otherwise affect the Pension Fund's rights and recourse with respect to the Employer's delinquency. The Employer's liability for payment hereunder shall not be subject to any grievance or arbitration procedure provided under the Collective Bargaining Agreement. An Employer which becomes delinquent in making contributions to the Pension Fund shall be subject to the procedures and remedies provided in the Agreement and Declaration of Trust, including interest, liquidated damages, auditing charges, attorneys' fees and court costs. 2_ 0 6. The Employer and the Union agree to accept, be bound by and comply fully with all terms of the Agreement and Declaration of Trust of the Laborers' International Union of North America National (Industrial) Pension Fund and any amendments thereto, whether heretofore or hereafter made. 7. It is agreed that the Pension Plan adopted by the Trustees of the said Pension Fund shall at all times conform with the requirements of the Internal Revenue Code so as to enable the Employer at all times to treat contributions to the Pension Fund as a deduction for income tax purposes. S. The parties agree that this Participation Agreement shall be considered a pan of the Collective Bargaining Agreement between the undersigned parties. 9. The expiration date of the present Collective Bargaining Agreement between the undersigned parties is �r.r 30 IT 10 • 1 Any copies of renewal or extension agreements will be furnished promptly to the Pension Fund Office and, if not consistent with the Participation Agreement, can be used by the Trustees as the basis for termination of participation of the Employer. L•2 FOR THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION No. ?77 DISTRICT COUNCIL _mac _4- Date: Authorized Officer FOR THE EMPLOYER: City of Newoort Beach (Insert Name of Employer) Sri 71Ti - of • •� :• /r• - ,� • '• By: Authorized Officer For plants located at: Date: 7[] /qq FUND ADMINISTRATOR HENRY J. MORESCHI PHONE: (202) 737 -1664 FAX: (202) 3470721 "STANDARD FORM OF PARTICIPATION AGREEMENT" The undersigned Employer and Union represent that the only agreement between the said parties regarding pensions or retirement for employees covered by the Collective Bargaining Agreement between the parties is as follows: tf i C, q 1. Commencing with the day of k� 19 —, and for the duration of the current Collective Bargaining Agreement between the said p rties, and any renewals or extensions thereof, the Employer agrees to make payments to the Laborers' International Union of North America National (Industrial) Pension Fund for each employee covered by said Collective Bargaining Agreement, as follows: (only one section (a), (b) or (c) is to be completed) (a) For each day or portion thereof for which an employee receives pay, the Employer shall make a contribution of $ per hour to the above -named Pension Fund, but not less than $ per day (8 x the hourly rate) per week (5 x the daily rate) for each employee. For the purposes of this Agreement, each da aid for, including days of paid vacation, paid holidays and other days for which pay is received by the empl ee, in accordance with the Collective Bargaining Agreement, shall be counted as days for which contfibutions are payable. (b) For each our or portion thereof for which an employee receives pay, the Employer shall make a contribution $ to the above -named Pension Fund for which the employee is paid. For purposes of this Agre ent each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is rec ' Ed by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. (c) For jeach hour or portion therof for which an employee receives pay, the Employer shall make a contribution of 1 ° > % for which a gross salary is paid to the Employee to the above -named Pension Fund. For purposes of this Agreement each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is received by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. 2. Contributions shall be paid on behalf of an employee starting with the employee's first day of employment in job classification covered by the Collective Bargaining Agreement. 3. The payments to the Pension Fund required above shall be made to the "LIUNA National (Industrial) Pension Fund" which was established under an Agreement and Declaration of Trust, a copy of which has been signed by the Employer in the place provided at the end of such agreement. 4. It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purposes of determining the accuracy of contributions to the Pension Fund. 5. If the Employer becomes delinquent in making its required contributions to the Fund within the meaning of the Agreement and Declaration of Trust, the Union shall have the right to take whatever steps it deems necessary to secure compliance with this Agreement, any provision of the Collective Bargaining Agreement notwithstanding; however, such action by the Union shall neither bind nor otherwise affect the Pension Fund's rights and recourse with respect to the Employer's delinquency. The Employer's liability for payment hereunder shall not be subject to any grievance or arbitration procedure provided under the Collective Bargaining Agreement. An Employer which becomes delinquent in making contributions to the Pension Fund shall be subject to the procedures and remedies provided in the Agreement and Declaration of Trust, including interest, liquidated damages, auditing charges, attorneys' fees and court costs. 1(q 01WI &ORERS' INTERNATIONAL UNIS OF BOARD OF TRUSTEES NORTH AMERICA UNION TRUSTEES ARTHUR A. COIA. COCHAIRMAN NATIONAL (INDUSTRIAL) PENSION FUND R.P. VINALL 905 - 16th Street, N.W. MASON M. WARREN Washington, D.C. 20006-1765 EMPLOYER TRUSTEES .4604... GEORGE J. FISCHER. CO- CHAIRMAN ALFRED A. CAVALLARO "STANDARD FORM OF PARTICIPATION AGREEMENT" The undersigned Employer and Union represent that the only agreement between the said parties regarding pensions or retirement for employees covered by the Collective Bargaining Agreement between the parties is as follows: tf i C, q 1. Commencing with the day of k� 19 —, and for the duration of the current Collective Bargaining Agreement between the said p rties, and any renewals or extensions thereof, the Employer agrees to make payments to the Laborers' International Union of North America National (Industrial) Pension Fund for each employee covered by said Collective Bargaining Agreement, as follows: (only one section (a), (b) or (c) is to be completed) (a) For each day or portion thereof for which an employee receives pay, the Employer shall make a contribution of $ per hour to the above -named Pension Fund, but not less than $ per day (8 x the hourly rate) per week (5 x the daily rate) for each employee. For the purposes of this Agreement, each da aid for, including days of paid vacation, paid holidays and other days for which pay is received by the empl ee, in accordance with the Collective Bargaining Agreement, shall be counted as days for which contfibutions are payable. (b) For each our or portion thereof for which an employee receives pay, the Employer shall make a contribution $ to the above -named Pension Fund for which the employee is paid. For purposes of this Agre ent each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is rec ' Ed by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. (c) For jeach hour or portion therof for which an employee receives pay, the Employer shall make a contribution of 1 ° > % for which a gross salary is paid to the Employee to the above -named Pension Fund. For purposes of this Agreement each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is received by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. 2. Contributions shall be paid on behalf of an employee starting with the employee's first day of employment in job classification covered by the Collective Bargaining Agreement. 3. The payments to the Pension Fund required above shall be made to the "LIUNA National (Industrial) Pension Fund" which was established under an Agreement and Declaration of Trust, a copy of which has been signed by the Employer in the place provided at the end of such agreement. 4. It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purposes of determining the accuracy of contributions to the Pension Fund. 5. If the Employer becomes delinquent in making its required contributions to the Fund within the meaning of the Agreement and Declaration of Trust, the Union shall have the right to take whatever steps it deems necessary to secure compliance with this Agreement, any provision of the Collective Bargaining Agreement notwithstanding; however, such action by the Union shall neither bind nor otherwise affect the Pension Fund's rights and recourse with respect to the Employer's delinquency. The Employer's liability for payment hereunder shall not be subject to any grievance or arbitration procedure provided under the Collective Bargaining Agreement. An Employer which becomes delinquent in making contributions to the Pension Fund shall be subject to the procedures and remedies provided in the Agreement and Declaration of Trust, including interest, liquidated damages, auditing charges, attorneys' fees and court costs. • .Z_ • 6. The Employer and the Union agree to accept, be bound by and comply fully with all terms of the Agreement and Declaration of Trust of the Laborers' International Union of North America National (Industrial) Pension Fund and any amendments thereto, whether heretofore or hereafter made. 7. It is agreed that the Pension Plan adopted by the Trustees of the said Pension Fund shall at all times conform with the requirements of the Internal Revenue Code so as to enable the Employer at all times to treat contributions to the Pension Fund as a deduction for income tax purposes. 8. The parties agree that this Participation Agreement shall be considered a part of the Collective Bargaining Agreement between the undersigned parties. 9. The expiration date of the present Collective Bargaining Agreement between the undersigned parties is , 19 Any copies of renewal or extension agreements will be furnished promptly to the Pension Fund Office and, if not consistent with the Participation Agreement, can be used by the Trustees as the basis for termination of participation of the Employer. %tip ii Gi3.tL�Mu.7i ,`I P71.r N V tJ - yh,Ah e4.. X FOR THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION No. v_ r11STRlr.T COUNCIL FOR THE EMPLOYER: Address By: C, Date: 7 /" f f (Insert Name of Employer) r ?a S-?— 8lc /S For plants located at: Date: 7-1-572