Personnel Temporary Services, a division of Personnel, Inc. v. West Virginia Division of Labor Contractor Licensing Board, No. 23268 (W. Va. July 17, 1996) (Recht, J.):
In a dispute over the application of a contractor licensing statute to agencies that supply temporary construction workers, but do not engage in any construction activities, the Court held that an employment agency that provides temporary laborers to licensed contractors, retaining both payroll functions and the authority to establish wages earned, is a "contractor" under W. Va. Code §§ 21-11-1 to -19, and is subject to the licensing requirements thereunder.
Hardy County Board of Education v. West Virginia Division of Labor, No. 21681 (W. Va. May 23, 1994) (Workman, J.): 191 W.Va. 251, 445 S.E.2d 192:
Reinstating a division of labor determination of the locally prevailing wage rates for purposes of the construction of public improvements, the Court held (1) W. Va. Code § 21-5A-5(1) does not mandate that the division of labor use any particular methodology when conducting an investigation of prevailing wage rates and (2) the duty to investigate prevailing wage rates set forth in W. Va. Code § 21-5A-5(1) is met when the division of labor generally solicits wage rate information from a cross-section of the community and specifically solicits wage rate information from entities which are reasonably expected to have such information.
Lowell Satterfield v. Eugene Claypole, etc., et al., and U.M.W.A. District 31, No. 21585 (W. Va. December 9, 1993) (Brotherton, J.): 190 W.Va. 384, 438 S.E.2d 564:
Reversing an award of $50,000 to an assistant compensation director who sued for wrongful discharge, the Court held that pursuant to section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185 (a), federal law preempts state law when a union member brings suit against a district or local union for violation of the district or local union constitution.
E.L. Kirkpatrick, Jr., et al., and United Steelworkers of America, AFL-CIO-CLC v. Mid-Ohio Valley Transit Authority, No. 20916 (W. Va. June 29, 1992) (Workman, J.): 188 W.Va. 247, 423 S.E.2d 856:
Rejecting an attempt by employees of a public transit authority to organize into a collective bargaining unit, the Court held that W. Va. Code § 8-27-21 does not grant employees of a mass transit authority collective bargaining rights if such rights were not in place at the time the mass transit authority assumed the operations of the transit system.
Riesbeck Food Markets, Inc., and Elm Grove Properties v. United Food and Commercial Workers, Local Union 23, et al., No. 19485 (W. Va. April 3, 1991) (Miller, C.J.): 185 W.Va. 12, 404 S.E.2d 404:
In an injunction action arising from informational picketing at a supermarket located in a shopping mall, the Court held that the NLRB has primary jurisdiction over peaceful informational picketing once the union files an unfair labor practice charge against the parties seeking to prevent such picketing, but that a state court may enjoin pickets from engaging in obstructive, disruptive, or intimidating behavior even though the NLRB is considering an unfair labor practice charge arising from the same incidents.