In the six months since the International Association of Firefighters Local 313 filed a suit against the city of Morgantown alleging it improperly withheld wages, there have been no talks or discussions in an attempt to resolve the matter outside of litigation, IAFF 313 President Jayson Nicewarner said.
Several cities in the state are having similar issues regarding holiday compensation for firefighters, the association’s attorney, Teresa Toriseva, said. Some cities have resolved the issue while others are in talks, and others, such as Morgantown and Martinsburg, are pending ligation.
According to the suit, state code dictates compensation for holiday shifts. If a firefighter works on a legal holiday, or if the holiday falls on the firefighter’s day off, the firefighter is entitled to equivalent time off on another day or pay at time-and-a-half. The suit says the firefighters were never properly compensated.
“Morgantown, it’s bad,” Toriseva said. “It is not correct according to the statute. They’re underpaying firefighters to a significant annual loss to every firefighter in Morgantown.”
The same law also applies to police, but Toriseva said since firefighters work 24-hour shifts rather than eight-hour shifts, the firefighters’ pay is more frequently messed up.
Nicewarner also told The Dominion Post firefighters have been compensated with 12 hours of time off per holiday shift, but this is inadequate because they work 24-hour shifts.
“It’s our position they should, when it comes to wages, employers should identify their mistake, pay the wages they failed to pay and correct the mistake moving forward,” Toriseva said.
Morgantown has shown a “strong commitment to pay its employees a fair wage and providing competitive benefits,” Communications Manager Andrew Stacy said.
He said the suit is in the discovery phase, but did not answer specific questions about how firefighter pay is currently handled or what steps have been taken to resolve the issue.
“As we have stated previously, we do value our firefighters greatly and are disappointed that this issue could not be handled collaboratively,” Stacy said. “We hope to continue a positive working relationship with our firefighters while these issues are resolved.”
Toriseva said she would welcome a resolution out of court and doing so is in everyone’s best interest.
The firefighters could get what they are owed without years of court proceedings and the city will ultimately pay less than if it loses in court.
The longer the suit takes, the more damages, including interest, pile up, Toriseva said. Additionally, should the city lose, which Toriseva is confident it will, it will be responsible for attorney fees, the cost of expert witnesses and other court costs.
An out-of-court resolution could also be cheaper for the city because the law allows for a judge to order five years of back wages — with interest — while a resolution would be some kind of compromise.
Each passing holiday while the suit drags on, adds additional damages, including Christmas Eve Day, which Gov. Jim Justice declared a state holiday this week, Toriseva said.
Court costs can quickly get expensive, she said. Each of the 58 plaintiffs will need to be deposed, which costs a few hundred dollars for a court reporter’s time. Each of those depositions need to be filed, which cost $200 each time. Expert witnesses and accountants to do the math can be expensive.
And that math would be done because unlike a personal injury suit, the damages in this instance are clearly definable and not open to interpretation, Toriseva said.
The city has not spent any additional costs on the suit because outside counsel is not being used, Stacy said.
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