Common use of Collection of Contributions Clause in Contracts

Collection of Contributions. (a) Subject to the provisions of the Collective Agreement, all contributions to the Fund shall be payable to the Trustees of the Fund and shall be paid in a manner and form as determined by the Trustees. The Trustees may request the Employer to make the necessary reports as determined by the Trustees from time to time. (b) The Trustees shall ensure that contributions are received in a timely fashion and ensure that the necessary steps are undertaken to enforce the collection of delinquent contributions in a timely and expeditious manner. (c) The Employer recognizes and agrees that it is necessary for contributions to be received by the Trustees in a manner as determined by the Trustees and in a regular and timely fashion for all beneficiaries. In the event that the Trustees, on reasonable grounds, believe the contributions are not being received from an Employer in a timely fashion, the Trustees may, at the expense of the Fund, in their absolute discretion, have an Auditor for the Fund review the relevant payroll records and other related records of an Employer for purposes of determining whether the proper amount of contributions have been made to the Fund by the said Employer. The Auditor shall report to the Trustees the results of his investigation. The Employer specifically agrees that by participating in this Plan they are consenting to the utilization of an Auditor by the Trustees when the Trustees deem it necessary in accordance with this Article, and the Employer specifically agrees to cooperate fully and completely with the Auditor of the Fund. (d) In the event that the Trustees, on reasonable grounds, believe that inadequate contributions are being made or contributions are not being made in a timely fashion and that monies are due and payable to the Trustees by an Employer, the Trustees, in their absolute discretion, may use all means available to collect the said delinquencies. The Trustees may, in their discretion, file any appropriate statutory claim to collect the delinquent amount or may commence legal action in any court of competent jurisdiction to collect the said amount. The amounts owed are deemed to be liquidated damages and the delinquent Employer, upon notice of the liability, shall pay to the Trustees all the costs of the Trustees in pursuing the delinquency, including but not limited to all damages, interest at the rate of prime plus 5% from the date of commencement of the delinquency, all legal costs on a solicitor-client basis, disbursements, and all witness, expert and other related costs in relation to the said litigation. Any statutory body or any court of competent jurisdiction shall have the authority to award all the aforementioned costs, damages and interest against a delinquent Employer. (e) In the further alternative, the Trustees may, in their absolute discretion, when they have reasonable grounds to believe that a delinquency exists, commence an arbitration in accordance with this Article. The Trustees shall advise the delinquent Employer of their desire to remit the dispute concerning the delinquency to arbitration. In the event the Trustees decide to proceed to arbitration, the parties agree that the arbitration shall be held in accordance with this Article. The arbitration shall be held pursuant to the Arbitration Act of the Province of British Columbia, except as modified by this Article. The Trustees, when advising the delinquent Employer of the delinquency, shall notify the delinquent Employer of their recommendation for a chair of the arbitration board. All hearings shall be heard before a single arbitrator. Within 48 hours of receipt of the notification by the delinquent Employer, the delinquent Employer may either accept or reject the recommendation for a chair made by the Trustees. In the event the delinquent Employer should reject the recommendation for a chair, the delinquent Employer shall recommend its own chair. Within 48 hours of receiving that recommendation from the delinquent Employer, the Trustees may accept or reject same. In the event they reject the recommendation made by a delinquent Employer, the Trustees may remit the matter to the Director of the Arbitration Bureau pursuant to the Labour Relations Code of the Province of British Columbia for appointment of an arbitrator. In any proceeding before an arbitrator, the arbitrator has the jurisdiction to determine the amount of monies owed. In the event of a finding in favour of the Trustees, the arbitrator shall order the delinquent Employer to pay all costs of the Trustees, including arbitration costs, on a solicitor-client basis for legal fees, as well as all disbursements, interest at the rate of prime plus 5% for all delinquencies, all arbitration costs, all witness fees, all expert fees and all other fees related to the collection of the delinquency. (f) The Employer, by signing a Participation Agreement, attached hereto as Schedule B, specifically acknowledges, agrees and accepts that the collection methods outlined herein are acceptable and applicable to the Employer. The Employer further agrees that the Trustees may act in the place of either party to the Collective Agreement and file a grievance pursuant to the Collective Agreement binding between the Employer and the Union and may stand in the place of the Union or the Employer for purposes of filing a grievance, notwithstanding that the Trustees are not a party to the Collective Agreement. The Employer agrees not to raise any objection to the filing or the pursuit of any grievance under the Collective Agreement. The Employer acknowledges and agrees the arbitrator, under the Collective Agreement, shall exercise the same authority as the arbitrator in paragraph (e) above.

Collection of Contributions. (a) Subject to the provisions of the Collective Agreement, all All contributions to the Fund shall be payable to the Trustees of the Fund and shall be paid in a manner accordance with the Plan. The University shall make all reports on contributions as required by law and form as determined by the Trustees. The Trustees may request the Employer to make the necessary reports as determined by the Trustees from time to time.; (b) The Trustees Non-payment by the Employer of any contribution when due shall ensure that contributions are received in a timely fashion and ensure that the necessary steps are undertaken not relieve it of its obligation to enforce the collection of delinquent contributions in a timely and expeditious manner.make such payment; (c) The Employer recognizes Trustees may take any action necessary to enforce payment of the contributions due pursuant to a Collective Agreement or the Plan; and agrees in the event there is a dispute as to whether or not contributions are payable and such dispute has been referred to arbitration pursuant to a Collective Agreement, the Trustees shall await the determination of the dispute by an arbitrator pursuant to the aforesaid Collective Agreement. Once the Trustees have concluded that it is a delinquency exists, they may take whatever action they consider necessary for contributions to enforce payment of the delinquency and may require interest at a rate to be received fixed by them to be payable on the amount outstanding. As well, the Employer, when delinquent shall be responsible for all expenses incurred by the Trustees in a manner the collection of the monies due and owing as determined specified by them. Expenses incurred by Trustees shall include but not be limited to legal expenses and disbursements, sheriffs' fees, court costs, witness fees, and similar matters, and they shall be due and payable by the Trustees and in a regular and timely fashion for all beneficiariesEmployer immediately upon receipt of notice from the Trustees. In the event that the Trustees, on reasonable grounds, believe the contributions are not being received from an Employer in a timely fashionshall refuse or neglect to pay, the Trustees may, at may commence action to collect the expense amount outstanding from the Employer as well as costs incurred in the collection of the Fund, in their absolute discretion, have an Auditor for the Fund review the relevant payroll records and other related records of an Employer for purposes of determining whether the proper amount of contributions have been made to the Fund by the said Employer. The Auditor shall report to the Trustees the results of his investigation. The Employer specifically agrees that by participating in this Plan they are consenting to the utilization of an Auditor by the Trustees when the Trustees deem it necessary in accordance with this Article, and the Employer specifically agrees to cooperate fully and completely with the Auditor of the Fund.monies; (d) In the event that the Trustees, on reasonable grounds, believe that inadequate contributions are being made or contributions are not being made Except as provided in a timely fashion and that monies are due and payable to the Trustees by an Employerthis Article, the Trustees, in their absolute discretion, may use all means available to collect the said delinquencies. The Trustees may, in their discretion, file any appropriate statutory claim to collect the delinquent amount or may commence legal action in any court of competent jurisdiction to collect the said amount. The amounts owed are deemed to be liquidated damages and the delinquent Employer, upon notice financial liability of the liability, University shall pay in no event exceed the obligation to the Trustees all the costs of the Trustees in pursuing the delinquency, including but not limited to all damages, interest at the rate of prime plus 5% from the date of commencement of the delinquency, all legal costs on a solicitor-client basis, disbursements, and all witness, expert and other related costs in relation to the said litigation. Any statutory body or any court of competent jurisdiction shall have the authority to award all the aforementioned costs, damages and interest against a delinquent Employer. (e) In the further alternative, the Trustees may, in their absolute discretion, when they have reasonable grounds to believe that a delinquency exists, commence an arbitration in accordance with this Article. The Trustees shall advise the delinquent Employer of their desire to remit the dispute concerning the delinquency to arbitration. In the event the Trustees decide to proceed to arbitration, the parties agree that the arbitration shall be held in accordance with this Article. The arbitration shall be held pursuant to the Arbitration Act of the Province of British Columbia, except make contributions as modified by this Article. The Trustees, when advising the delinquent Employer of the delinquency, shall notify the delinquent Employer of their recommendation for a chair of the arbitration board. All hearings shall be heard before a single arbitrator. Within 48 hours of receipt of the notification by the delinquent Employer, the delinquent Employer may either accept or reject the recommendation for a chair made by the Trustees. In the event the delinquent Employer should reject the recommendation for a chair, the delinquent Employer shall recommend its own chair. Within 48 hours of receiving that recommendation from the delinquent Employer, the Trustees may accept or reject same. In the event they reject the recommendation made by a delinquent Employer, the Trustees may remit the matter to the Director of the Arbitration Bureau pursuant to the Labour Relations Code of the Province of British Columbia for appointment of an arbitrator. In any proceeding before an arbitrator, the arbitrator has the jurisdiction to determine the amount of monies owed. In the event of a finding in favour of the Trustees, the arbitrator shall order the delinquent Employer to pay all costs of the Trustees, including arbitration costs, on a solicitor-client basis for legal fees, as well as all disbursements, interest at the rate of prime plus 5% for all delinquencies, all arbitration costs, all witness fees, all expert fees and all other fees related to the collection of the delinquency. (f) The Employer, by signing a Participation Agreement, attached hereto as Schedule B, specifically acknowledges, agrees and accepts that the collection methods outlined herein are acceptable and applicable to the Employer. The Employer further agrees that the Trustees may act set out in the place of either party to the Collective Agreement and file a grievance pursuant to the Collective Agreement binding between the Employer and the Union and may stand in the place of the Union or the Employer for purposes of filing a grievance, notwithstanding that the Trustees are not a party to the Collective Agreement. The Employer agrees not to raise any objection to the filing or the pursuit of any grievance under the Collective Agreement. The Employer acknowledges and agrees the arbitrator, under the Collective Agreement, shall exercise the same authority as the arbitrator in paragraph (e) abovePlan.