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In issue of first impression, COA reverses union decision

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Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.

In Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah Posey v. Int'l Union of Painters and Allied Trades, AFL-CIO, CLC District Council 91, No. 49A02-1103-PL-263, three former employees of the International Union of Painters and Allied Trades claimed that they should have been paid for their accumulated, unused vacation time when they were terminated in 2008. The union’s business manager/secretary-treasurer denied the request, and the workers filed internal union charges in protest.

The appeals court wrote that in this case, the dispute is not about the union acting as the agent for its members, as the union happens to be the former employer. As such, the court wrote that this is an issue of first impression in Indiana.

A union internal trial board heard the case in 2009 and denied the claims. The former workers – Stephen Shofstall and Edward and Deborah Posey – then took their complaint to the general executive board but were unsuccessful. The three appealed to the union’s general convention, and were again denied their claims. Subsequently, a trial court also ruled in favor of the union.

According to Indiana’s Wage Payment Statute, vacation time is to be considered deferred wages, unless a policy exists to the contrary, the appeals court held. In consulting the union bylaws regarding overall compensation, the COA concluded that employees are entitled to 52 weeks of pay and an additional two weeks of vacation time. The appellate court majority arrived at this opinion based on the use of the word “also” in the bylaws, whereas the union has claimed that the two weeks of vacation time is included in the overall compensation of 52 weeks of pay.

In his dissent, Judge Ezra Friedlander wrote: “The term ‘also’ surely cannot work such mischief as to stand the plain meaning of the relevant bylaws on its head.”

The COA remanded to the trial court for further proceedings, holding that the three appellants are entitled to payment for all unused, accrued vacation time – about $22,079 for Shofstall’s unused 35 days and about $43,820 for the Poseys’ 111 days.


 

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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