UNITED FOOD v. MUTUAL BENEFIT LIFE INS.

No. 37171-1-I.

925 P.2d 212 (1996)

84 Wash.App. 47

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 1001, an unincorporated voluntary association, and Shirley Behrends, Carrie Fulgham, Caren Smith, and Gregory Troupe, individuals, on behalf of themselves and all persons similarly situated, Respondents, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY; EHC, Inc., Defendants, Ernst Home Centers, Inc., Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied December 30, 1996.


Attorney(s) appearing for the Case

John Peter Mele, Jerry H. Kindinger, Ryan, Swanson & Cleveland, Seattle, for appellant.

James Henry Webster, Richard Paul Blumberg, Lynn Denise Weir, Webster, Mrak & Blumberg, Seattle, for respondents.


COLEMAN, Judge.

In this case employees of Ernst Home Center brought a claim against their employer under state wage and hour statutes alleging that they were not paid for all the hours they worked. Ernst contends that the dispute must be resolved under the parties' collective bargaining agreement (Agreement), which requires arbitration of all wage disputes. We hold that the employees may maintain their statutory claim because the statutes upon which they rely create...

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