Fox v. Union Carbide Corp.

This is an appeal by the plaintiffs from a summary judgment rendered in a class action filed in the Circuit Court of Harrison County against Union Carbide Chemicals and Plastics Company, Inc. (Union Carbide). The suit sought to recover statutory liquidated damages under the West Virginia Wage Payment and Collection Act (Wage Act), W.Va.Code, 21-5-1, et seq. The circuit court agreed with Union Carbide that, as a matter of law, the suit was barred under the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., and the Labor Management Relations…