Perry v. Barker

McGraw, Justice:

The petitioners, members and elected representatives of the membership of the United Mine Workers of America (UMWA), seek a writ of mandamus to compel the respondent, the Commissioner of the Department of Labor to enforce the provisions of W. Va. Code § 21-5-14 et seq. (1981 Replacement Vol.), requiring certain employers to obtain a bond payable to the State of West Virginia to secure payment of employee wages. The petitioners contend that the respondent has failed to fulfill his duty to enforce the statute. We agree and grant the writ.

The petitioners herein include the…