Commissioner of Labor Ex Rel. Shofstall v. International Union of Painters & Allied Trades, CLC District Council 91

# Court Rules Union Must Pay Accrued Vacation Time ## What Happened A labor commissioner sued the International Union of Painters and Allied Trades over unpaid vacation time owed to workers. The union argued that its bylaws included a "use it or lose it" policy—meaning workers forfeit unused vacation days at the end of each year. The trial court sided with the union, but the commissioner appealed. ## What the Court Decided The appellate court reversed the decision, ruling that vacation time workers have earned counts as deferred wages under Indiana law. The court found that the union's bylaws did not clearly establish a valid forfeiture policy, so the case must return to trial. ## Why This Matters for Workers This ruling protects workers' vacation pay. Simply having vague policy language isn't enough for employers or unions to take away earned time off. When workers accrue vacation days through work, those days have monetary value that workers are entitled to receive—either as time off or payment. Employers must clearly communicate forfeiture policies and follow proper procedures, not silently eliminate earned benefits.