Contractors are audited after the first 6 months of becoming signatory to District Council 16 and typically every 3 years thereafter. If the audit shows inconsistencies, underpayments, or incorrect payments into the Trust Funds the contractor is notified by the auditing firm laying out the findings and how to correct the situation.
If you are audited and notified that there are issues with past contributions and you disagree with the findings, you can dispute them. The first step is to gather any documentation that you have to show that the findings are incorrect. Once you do that, you should provide your dispute to the auditor for review. It is helpful to prepare a letter to the auditor explaining your dispute and sending that letter with your documentation.
The auditors will let you know whether any revisions are being made to your audit as a result of your dispute. If your audit is not revised and you still believe that the findings are incorrect, you can appeal it through the Trust Fund.
The most important thing throughout the appeals process is to maintain constant written communication with the auditors, third party administrator and legal team.
To appeal, submit a letter via email to the third party administrator, auditor and legal professionals (legal may or may not be included in your audit depending on what stage of the process you are in) stating why you feel the audit findings are incorrect, and include the NCGMA Director of Labor Relations and CEO on the communication. If you have already been referred to legal counsel, the dispute can be submitted to them directly.
They will present it to the Board of Trustees for consideration.
The Health & Welfare Trust Fund contacts can be found here, and the Pension Trust Fund contacts can be found here.
When submitting the letter be sure to include all supporting information and documentation you have showing why you believe the findings are incorrect.
The Trust Fund professionals will respond and try to resolve the issue with you directly, but if that is not possible it will then be presented to the Fund Trustees, made up of labor and management who meet quarterly, to make the final determination. You will be notified of their decision in writing after the Trustees review your dispute.
Again, it is important to stay in constant communication with the Trust Fund professionals throughout the entire process and that all communication is documented.
Any questions about the process can be directed to Jeannie Simpelo.