International Union of Operating Engineers, Local Union No. 132 Health & Welfare Fund v. L.A. Pipeline Construction Co.

Chief Justice, KETCHUM:

The United States District Court for the Southern District of West Virginia presents this Court with one certified question regarding a “Perpetual Irrevocable Letter of Credit/Wage Bond.” This letter of credit/wage bond -was obtained pursuant to the West Virginia Wage Payment Collection Act CWPCA”) by an out-of-state corporation. 1

The letter of credit/wage bond’s duration is governed by two competing bodies of law: (1) the WPCA, which pertains to wage bonds; and (2) the Uniform Commercial Code, which pertains to letters of credit. Consequently, the district court…