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Justices: Voluntary associations must comply with Wage Payment Statute

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The Indiana Supreme Court Tuesday ordered more proceedings on a fired union employee’s complaint seeking payment for unused vacation time. The justices held that she is entitled to accrue vacation pay unless there was an arrangement or policy to the contrary, which is in dispute in this case.

In Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah N. Posey v. International Union of Painters and Allied Trades AFL-CIO, CLC District Council 91, 49S02-1205-PL-269, Deborah Posey, a clerical employee and voluntary member of CLC District Council 91, her husband Edward Posey and Stephen Shofstall sued after they were fired when Edward Posey and Shofstall – who held elected positions in the union – lost their respective elections. Edward Posey was the union business manager/secretary-treasurer and Shofstall was a union business representative.

The union declined to pay the three for any unused vacation time according to its bylaws. The trial court granted summary judgment for the union on the issue; the Indiana Court of Appeals reversed.

The Supreme Court affirmed with respect to Edward Posey and Shofstall, holding that under the union’s bylaws, it had an arrangement or policy preventing the disbursement of accrued but unused vacation pay to officers. The two had argued they were employees under the state’s Wage Payment Statute.

But the justices decided there was a genuine issue of material fact regarding whether Deborah Posey, as an employee, was entitled to her unused vacation pay. They held that a voluntary association, in the absence of an “arrangement or policy” on vacation pay with respect to employees, must comply with Indiana law and the Wage Payment Statute.

“[N]either the Union’s constitution nor its bylaws define the compensation of Union employees like Deborah. It is undisputed that the Union did not have a written vacation policy for employees during the period that Deborah worked there. Thus, to defeat her claim for accrued vacation under the Wage Payment Statute, the Union must show it had an ‘arrangement or policy’ that limited employees’ right to accrued vacation. We find the Union did not make a sufficient showing to preclude Deborah’s claim,” Justice Mark Massa wrote.

Her suit goes back to the trial court for more proceedings.
 

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  1. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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