Chapple v. Fairmont General Hospital, Inc

In Chapple v. Fairmont General Hospital, Inc., 181 W. Va. 755, 384 S.E.2d 366 (1989), after the plaintiff was fired for insubordination, she sued her former employer alleging breach of employment contract. The employer/employee relationship was covered by a collective bargaining agreement that provided that "the Hospital shall have the right to ... discharge or otherwise discipline an employee for just cause." 181 W. Va. at 757, 384 S.E.2d at 368. The Court found that 301 preemption applied. There, after the plaintiff was fired for insubordination, she sued her former employer alleging breach of employment contract. The employer/employee relationship was covered by a collective bargaining agreement that provided that "the Hospital shall have the right to ... discharge or otherwise discipline an employee for just cause." 181 W.Va. at 757, 384 S.E.2d at 368. The Court concluded that 301 of the LMRA preempted the plaintiffs state contract law claim, and opined: "The collective bargaining agreement in the instant case defines a grievance as "a dispute raised by an employee or the Union involving interpretation or application of any provision of this Agreement, including any discipline or discharge of an employee in the bargaining unit." Obviously this dispute between appellant and the Hospital involving her discharge is clearly covered by the collective bargaining agreement." (181 W.Va. at 759, 384 S.E.2d at 370.)