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High court takes vacation pay case

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The Indiana Supreme Court accepted one case for the week ending May 19 and denied transfer to eight others.

The justices granted transfer to 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. In that case, 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 their employment was terminated in 2008. The union’s business manager/secretary-treasurer denied the request, and the workers filed internal union charges in protest.

Indiana’s Court of Appeals concluded that the workers were entitled to payment for all unused, accrued vacation pay.

The court did not grant transfer for In Re the Marriage of: Kristen Leach v. Steven Leach, No. 39A01-1108-DR-332, a child custody dispute. Justices Steven David and Frank Sullivan would have granted transfer in that case.

Also denied transfer was Virginia Garwood, et al. v. Indiana Dept. of State Revenue, No. 82T10-0906-TA-29. In that case, the department of revenue had issued several jeopardy assessments against Virginia Garwood for failing to pay taxes on animals she sold. The Indiana Court of Appeals ruled that the department overstepped its bounds in order to shut down an alleged “puppy mill,” and ordered that the jeopardy assessments be voided.

 

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