Ash v. Ravens Metal Products, Inc
In Ash v. Ravens Metal Products, Inc., 190 W. Va. 90, 437 S.E.2d 254 (1993), former employees of the defendant, Ravens Metal Products, Inc., filed a suit contending that the defendant refused to pay them the vacation pay they had earned prior to a lengthy strike, during which the employees were terminated from their employment.
The Court rejected the defendant's argument that the former employees' Wage Payment and Collection Act claim was preempted by 301.
The Court stated:
"Interpretation of the collective bargaining agreement is not at issue - both sides acknowledge that the agreement called for vacation pay to be remitted by Ravens to the employees if they worked one thousand hours in a year....
Despite asserting that the application of W. Va. Code, 21-5-4 of the Wage Payment and Collection Act, requires an interpretation of the collective bargaining agreement, the employer fails to state what interpretation is required. We conclude that no interpretation is required, only a calculation of the agreement' s vacation pay provisions to the actual pay scale of the employees." (190 W. Va. at 96, 437 S.E.2d at 260.)