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ages and not as a penalty, an amount equal to 5% per month, or
portion thereof up to 60% per annum of such delinquent contri-
butions, unless the Employer has corrected such delinquen-
cies within 5 days of being given written notice.
(b) In addition the delinquent employer shall be required to pay all
costs of collection of such liquidated damages and may be
required upon the request of the Trustees and/or the Employer
Association in the case of Employer Industry, Training and
Development Funds, to deposit with the Trustees or the
Employer Association as the case may be, a cash deposit,
irrevocable letter of credit or equivalent acceptable security to
a maximum of two hundred and fifty thousand dollars
($250,000).
(c) Should a delinquent Employer refuse to pay the penalty herein
provided, it is agreed the Employees of such delinquent
Employer may refuse to work for such Employer until the
Employer has complied with all obligations regarding remit-
tances and / or penalties. Refusal to work by Employees shall
not be a violation of this agreement or an unlawful stoppage of
work within the provisions of the Ontario Labour Relations Act,
and the Employer shall not institute or commence any applica-
tions, actions or proceedings of any nature whatsoever under
the Ontario Labour Relations Act, this Agreement or otherwise
against the Union or any of its Officers, Officials, Servants,
Employees, Agents or Members in connection with any such
refusal to work.
It is further agreed that the Employer Association or designate
may rely upon the sub-contracting provisions as set out in
Article 1 Recognition, Contracting and Project Management
Item (d) and may notify relevant parties, including owners, gen-
eral contractors and/or project managers of its reliance upon
these provisions, for projects underway or being tendered.
(d) Each Employer bound by this Agreement agrees that where
the Trustees of any employee benefit plan to which the
Employer is required to contribute payments, the Union or
MIECO have just cause to believe that an Employer has not
made proper or any contributions and reports in relation to
the Benefit Plan or has not made proper or any contribu-
tions and reports with respect to Industry or Training Funds,
OPC Brick Province Collective Agreement
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