BENEFIT PLAN

Benefit Plan The parties hereto agree to the Operating Engineers, Local 904 Benefit Plan as follows: (a) The Trust Document under which the Fund is controlled shall provide for equal employer and union trustees in number and power; (b) The employer shall make all contributions at the rate specified in Appendix A for each hour worked with the exception of the pension contribution only which shall be remitted for each hour earned. The employer shall remit such contributions to an administrator appointed by the trustees by the 15" day of the month following the month for which the contributions were made. (c) The Benefit Plan to be established shall be professionally administered. (d) Each employer shall sign a participation agreement as approved by the trustees; CLRA and Operating Engineers Local 904 Collective Agreement 2022-2027 Se vA No Page 19 ST a ee (e) Neither the union nor the association shall incur any legal liability with regard to claims arising from the Benefit Plan; (f) The parties hereto agree that the Board of Trustees appointed pursuant to the Agreement and Declaration of Trust establishing the benefit plan shall have the authority to utilize the arbitration of delinquent accounts for contributions required to be made pursuant to this article as agent for the parties. Any Arbitrator appointed pursuant to the clause is hereby expressly conferred jurisdiction to deal with the awarding or contributions, damages and all related costs; (g) No grievance instituted by the Board of Trustees as agent to the parties pursuant to this article shall be defeated on the basis of a technical or procedural objection as to arbitrability, including and objection based on provisions pertaining to timeless; (h) Notwithstanding the availability of grievances and arbitration procedures, it is further agreed between the parties that the existence of this provision does not constitute a waiver of the rights of the collective agreement or the Board of Trustees to proceed directly by way of civil action in the Supreme Court of Newfoundland with respect to the collection of any outstanding contributions, damages and cost; (i) Administrator. (j) Should any employer fail to remit any contribution to the trust funds as 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.