STU
CLRA · Hotel HRW Local 779 (NL, 2022–2027) · Article 12 · clause 12.01 · page 8 · 2022-2027

Health and Welfare, Pension, and Multiple Benefit Funds

12.01

A On industrial, the Employer shall pay Health & Welfare and Pension on hours earned. All other funds on hours worked. Benefits as per wage tables (Appendix A) B - Market Recovery The Employer shall remit one ($1.00) dollar per person hour worked for each Employee covered under this Agreement to the Market Recovery Fund. Payment shall be made no later than fifteen (15) days after the termination of the calendar month to the Administrator of the Fund accompanied by a statement of the hours worked during that calendar month. Employers who are delinquent for forty-five (45) calendar days or more shall be assessed a penalty payment of fifteen (15%) percent for all hours owing. This penalty payment shall be payable to the Fund. This Fund will be jointly administered by the CLRA and Local 779. BPA - Benefit Plan Administrators Limited, 100 ~ 38 Solutions Drive, Halifax, NS B3S OH1.

12.02

Payments shall be made to Benefit Plan Administrators Limited.

12.03

Payments shall be due and payable not later than fifteen (15) days after the termination of the calendar month in which the hours were worked. The Employer concerned shall not only remain liable to the said Welfare and Pension Plans for the amount of any contribution not so paid but shall be responsible for claim of benefits lost to the Employee or Employees by reason of failing to make payments in the amount and at the time provided herein. The Employer shall also forward a statement setting out names of the Employees in respect of whom such payments are made and the amounts in respect of each Employee and the hours worked by each employee during such calendar month.

12.04

The Health and Welfare Trust Document under which the funds are controlled shall provide for equal trusteeship from the Employer and from the Union as appointed by the CLRA and the Union. mM

12.05

Timely payment of wages and contributions to the Trust Funds provided for in this Agreement is essential for the protection of the beneficiaries. Delinquency or continued failure to pay wages and/or remit contributions to the Trust Fund shall be dealt with as follows: If payments are not remitted by registered mail by the end of the month that they are due, then the Employer shall pay a penalty fee of ten percent (10%) of total contributions that are delinquent. If the contributions are not remitted by the fifteenth (15th) of the following month, the Employer must pay an additional ten per cent (10%) penalty fee, for a total of twenty percent (20%). An additional ten percent (10%) penalty fee will be paid for each fifteen (15) days of delinquency thereafter. Withdrawal of services from an Employer who is delinquent in excess of sixty (60) days beyond due date shall not be deemed to be a breach of this Collective Agreement and shall supersede Article 21.

12.06

Should an Employer fail to remit contribution to the Trust Funds provided for in this Agreement, the Employer shall be deemed to hold in trust an amount equal to all monies it is required to remit to the Trust Funds provided for in this Agreement. Article 13. Vacations

Not legal advice. Verify the cited article against the signed agreement.