ELKINS, W.Va. (AP) -- Three Buckhannon firefighters and one retiree have sued the city, alleging they were not properly paid or promoted.
The lawsuit filed in Upshur County Circuit Court by Joe Bennett, James Kimble, Jerry Wilfong and retiree Thomas Anderson says that before the spring of 2004, the firefighters were subject to being called out to work during times they were not scheduled and were not paid for that time.
Although the city implemented a new pay policy in March 2004, firefighters have not been paid for ''call out'' time before the policy change, a violation of the West Virginia Wage Payment Act, the lawsuit alleges.
The firefighters also say they were required to perform maintenance and other work on their off-time for which they were not paid and were not properly compensated for holidays.
The lawsuit also says that although firefighters work 48 hours one week and 32 hours the next, the city records each week as a 40-hour work week and does not pay overtime for the 48-hour week.
The lawsuit also alleges the city has repeatedly filled vacancies without issuing a promotion examination, and that experienced firefighters make less than police officers with similar experience and rank, a violation of the equal protection clause of the West Virginia Constitution.
The firefighters want back pay and interest and for the city to fill promotions through a promotion exam.
Buckhannon City Council last week issued a resolution saying it ''vigorously refutes and denies'' the allegations in the lawsuit. It has hired Steptoe & Johnson of Clarksburg to handle the case and postponed a joint meeting of the Buckhannon Fire Civil Service Commission and City Council scheduled for Feb. 28 to discuss new rank structures for the fire department.
Information from: The Inter-Mountain
