the Employer shall produce complete employment and pay-
roll records
,
job costing allocations, T5018 forms,
contracts,
subcontracts
and
other
supporting
documentation as reasonably required to
permit review
of these records by a chartered accountant appointed by
the Trustees, the Union or
MIECO, to determine whether
the Employer has made the
required contributions.
In the event such review reveals that an Employer has failed
to properly contribute or report to any Benefit Plan, or con-
tribute or report Employer Industry, Training and
Development funds as set out in Article 29 of the Agreement;
the Trustees of any such trust fund, the Union or the
Employer Association, may require such Employer to pay the
cost of review where the Trustees, the Union or the Employer
Association, are of the opinion that such Employer deliber-
ately failed or omitted to properly contribute or report as
aforesaid. If no such failure is revealed, the individual party
originally requesting the audit shall bear the costs.
It is further agreed that the Employer Association or desig-
nate may rely upon the sub-contracting provisions as set out
in Article 1 – Recognition, Contracting and Project
Management item (d) and may notify parties, including own-
ers, general contractors and/or project managers of its
reliance upon these provisions, for projects underway or
being tendered.
(e) The Union agrees to notify any Employer who may have signed
or who does sign a Collective Agreement that applies to work
in the ICI sector directly with the Union prior to the 8th day of
October 2004 that the Employer is obligated to contribute the
specified Employer Industry, Training and Development Funds
as set out in Article 29 herein.
The Union further agrees that all signatory Employers have an
obligation to remit Employer Industry, Training and
Development Funds as set out in the Agreement.
(f) Each Employer is required to maintain all time cards, job cost-
ing allocations, employment and payroll records for a period of
at least twelve (12) months from the end of the month in which
the work was performed. A failure to maintain such records
shall be deemed to be a failure to properly contribute under
sub-paragraph (d) above.
Article 20
31