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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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