Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :04-cv—00871-SLR Document 14-2 Filed 07/15/2005 Page 1 013
EXHIBIT "A"
TO MEMORANDUM OF LAW IN SUPPORT OF PHILADELPHIA MARINE
TRADE ASSOCIATION’S MOTION TO JOIN AN ADDITIONAL DEFENDANT

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Section 2. ·The Trustees may compel and enforce the`
payment of the contributions in any manner which théy may d€€m PIO-
per. However, the Trustees shall not be required to compel and
enforce the payment_of the contributions or to be personally or
` collectively responsible therefor if in the opinion of the Trustees
such_enforcement would involve a greater expense to the Fund than
would be realised by any attempt to enforce the payment of con-
tributions. . I n
Section 3. An Employer shall not have the duty or
obligation to collect, receive or pay over any of the contributions ·
required to be made by any other Employer, nor shall any Employer
be deemed a_guarantor, or surety in respect to any such contri-
butions by any other Employer. I "
l- Section 4. The failure of any Employer to pay the
·contributions required hereunder within ten days after the date on
which such contributions or payments are due, shall be in violation
of the currently effective collective bargaining agreement and ·
any amendments thereto between such Employer and the Union as well
as in violation of the Employer“s obligation hereunder. Non-pay-
ment by any Employer of any contributions when due shall not re-
· lieve any other Employer from the obligations, as well as all `
other obligations of the Employer shall be binding upon the succes-
sors and assigns of each corporate Employer and upon the heirs,
executors, administrators and assigns of each unincorporated Em-
ployer. i ` l l .
ARTICLE VII -
· Employees' Rights
Section 1. No Employee or any other person`claiming by
or through any employee, nor any Employer nor the Union, nor any
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- other person, partnership, corporation or association shall have
. any right, title or interest·in or to the Fund or any part thereof.
Title to all of the money, property and income paid into, acquired
by, or accrued to the Fund shall be vested in and remain exclusively
in the Board of Trustees of the Fund, and no benefits or monies of
the Fund shall be subject in any manner to anticipation, or to vol-
untary or involuntary_alienation, and any attempt to anticipate or
alienate shall be void. 5 I .
The monies paid and to be paid into the Fund shall not
constitute or'be deemed monies of the individual employees, nor
shall said monies in any manner be liable for or subject to the
debts, contracts or liabilities of the Employers, the employees,
the PMTA, or the Union. No employee shall have the right to
receive any part of the Fund instead of the empl0yee's distributive n
share as determined by the Trustees, nor shall he have a right to
· assign his distributive share either upon the termination of the
Trust or upon his withdrawal through severance of employment or
i otherwise. It is the intention of the parties hereto that said
Funds shall constitute an irrevocable trust for the benefit of the
eligible employees. .
. ARTICLE VIII . I .
Amendments
Section 1. The provisions of this agreement and declara-
tion of trust, as well as the provisions of the Fund may be amended
by an instrument in writing issued by the Trustees, provided, how-
ever, that no amendment shall divert the Fund as then constituted
or any part thereof from the purposes of this Trust, nor shall
there be any amendments as·a result of which there would be unequal
voting rights between Employer Trustees and Union Trustees, or
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