Saving Clause

Should any part of or any provision herein contained be rendered or declared invalid by reason of any existing or subsequent enacted jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portion thereof: providing, however, upon such validation, the parties signatory hereto agree to immediately meet to renegotiate such parts or provisions affected.

The remaining part or provisions shall remain in full force and effect. | Article 21- Benefit and Pension Plan

The parties hereto agree to the Teamsters Union Local 855 plan as follows: The Employer shall make contributions at the rate specified in Appendix B for each hour earned for the Benefit Plan and for each hour earned for the Pension Plan. 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 contributions were made. Neither the Union nor the Association shall incur any legal liability with regard to claims arising from the Benefit Plan. 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. The Trust Document under which the Fund is controlled shall provide for equal Employer and Union Trustees in number and power. The Benefit Plan shall be professionally administered. Each Employer shall sign a Participation Agreement as approved by the Trustees. to ® Vu CLRA and Teamsters Local 855 Collective Agreement 2022-2027 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. 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. 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.

When an employee reaches the age of 71, an amount equal to the pension contribution rate shall be paid by the employer to the employee in the form of wages. | Article 22 - Industry Fund — Stabilization Fund |

(a) Industry Fund - The employer shall make contributions at the rate specified in Appendix B per hour worked to the Newfoundland Construction Industry Fund; thirty cents ($0.30) to the Construction Labour Relations Association of NL Inc. (CLRA) and thirty cents ($0.30) to Trades NL. Such monies shall be remitted no later than the fifteenth (15%) day of the month following the month worked. The monies shall be remitted to an Administrator appointed by the parties. HST of 15% will be applicable only on the $0.30 remitted to the CLRA, and the HST portion shall be mailed separately to the CLRA at 69 Mews Place, St. John’s, NL A1B 4N2 with supporting documentation. (b) Stabilization Fund - The Employer shall remit one dollar ($1.00) per person hour worked for each Employee covered under this Agreement to the Stabilization 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 r CLRA and Teamsters Local 855 Collective Agreement 2022-2027 My) 20 more will be assessed a penalty payment of fifteen (15%) percent for all hours owing. This penalty payment will be payable to the Fund. This Fund will be jointly administered under the attached Stabilization Agreement and Declaration of Trust.