ARTICLE XX - ELEVATOR INDUSTRY WORK PRESERVATION FUND
Par. 1. The Elevator Industry Work Preservation Fund shall
be funded by a contribution of ten cents ($.10) per hour allocated
from the first year gross increase as set forth in Article V,
Par. 2, and continued each year thereafter for each hour of
work performed by each employee covered by this Agreement to
the Elevator Industry Work Preservation Fund (except as modified
by Article V, Par. 3). Except for the transfer of contributions
described in Section 5 below, the monies of the Fund shall be
at all times segregated from other Union or Employer assets,
and shall not be used or controlled by the Union or Employers
party to this Agreement, but shall be administered solely by
the Trustees and its duly authorized representatives for the
purposes permitted.
Par. 2. The Fund shall be governed by a written Trust Agreement
and administered by a Board of Trustees, in accordance with,
and so provided in, the governing documents of the Fund and
subsequent amendments thereto.
Par. 3. The assets of the Fund shall be used for any purpose
authorized by Section 6(b) of the Labor - Management Cooperation
Act of 1978 and Section 302(c)(9) of the Taft Hartley Act, 29
U.S.C. Section 186(c)(9). The Fund shall not be used for any
other purpose, including a purpose which is inconsistent with
the provisions of the Standard Agreement, or used for the purpose
of funding any lobbying effort or participation in any litigation,
or administrative proceeding in which the Fund is seeking or
supporting a result which is contrary to the interests of any
Employer signatory to the Standard Agreement, or used in connection
with an organizational campaign to organize any employees of
an Employer which is bound by the terms of this Standard Agreement
in a job classification other than the classifications of Elevator
Constructor Mechanic, Elevator Constructor Helper and Elevator
Constructor Apprentice.
Par. 4. No Employer signatory to the Standard Agreement shall
be obligated to provide information to the Union or to the Fund
with respect to any matter which the Fund may be reviewing or
pursing or otherwise related to the activities of the Fund,
nor shall any Employer signatory to the Standard Agreement be
obligated to participate in any of the activities of the Fund
in any other manner. The Trustees of the Fund shall not take
any action which directly or indirectly changes any of the Articles
or intent of the Standard Agreement, nor shall any provision
of this Article be construed to change the meaning or intent
of any other Article of the Standard Agreement.
Par. 5. Contributions to the Elevator Industry Work Preservation
Fund will be reported on and transferred on a monthly basis
using the Monthly Remittance Report to the National Elevator
Industry Benefit Funds (NEIBF), which will in turn segregate
and deposit the contributions to the Work Preservation Fund
in that Fund's separate account.
