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27.01 All remittances required by this
Agreement including dues, administration funds, health and
welfare contributions, training funds and pension
contributions shall be remitted not later than the 20th day of
the month following the month in which the deductions were
made or contributions were earned. Such remittances will be in
accordance with the minimum contribution requirement of
Article 1.01.
27.02 There shall be a ten per cent (10%) assessment as
liquidated damages and not as a penalty for remittances not
received within three (3) days after the 20th of the month
following the month in which the deductions were made or the
contributions were earned.
27.03 Audit, administration, collection and arbitration
costs authorized by the Trustees appointed under Article 16.05
shall be paid by the employer when the proper remittances
referred to above are not paid. The maximum amount of such
costs payable by the employer shall be three times the amounts
listed in Articles 27.01 and 27.02 which are determined to be
due.
27.04 All employers shall, prior to signing this
Agreement, post with the Administrator and maintain a $5,000
bond or irrevocable letter of credit or a cash deposit in a
form agreed between the NDTMA and QCCC which shall be
forfeited to a maximum of the amount due including liquidated
damages, audit, collection, administration and arbitration
costs in the case of late payment or non-payment of the
remittances required by this agreement. The bond or letter of
credit or cash deposit, as the case may be, shall be forfeited
within one (1) week of the date that the Trustees find the employer in default under Article 27.01 and 27.02
unless the default is paid in full.
The bond or letter of credit or cash deposit, as the case may
be, shall be returned to the employer after two years if the
employer has made all remittances required under Article 27.01
within the time limits provided in Article 27.02. The employer
shall be required to reinstate such security if remittances
required under 27.01 within the time limits provided in
Article 27.02, are late for any two (2) occurrences, within any
twelve (12) month period, following the return of the
security.
Failure to reinstate such security within seven (7) days of
any default under Article 27.01 and 27.02 shall be grievable
and the full costs of any arbitration to enforce such
reinstatement of the grievance if successful, be paid by the
employer.
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