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