ILNews

In issue of first impression, COA reverses union decision

Back to TopCommentsE-mailPrintBookmark and Share

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.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT