MORGANTOWN, W.Va. — Monongalia Circuit Judge Phillip Gaujot walked back a previous summary judgment on holiday backpay for Morgantown firefighters, telling both sides on Wednesday he did not properly consider previous objections made by the firefighters’ legal counsel.
Members of International Association of Firefighters Local 313 filed a lawsuit in June 2019 claiming the city only paid firefighters for 12 hours of work during holiday shifts when these employees worked for 24 hours.
Gaujot will consider wages as well as the backpay period as the legal challenge goes forward.
Attorney Teresa Toriseva argued backpay for five years should be based on state law, in which she cited provisions from the West Virginia Wage Payment and Collection Act regarding meeting payroll, wage payment options and fringe benefits. Toriseva added the entire value of the claim is around $6 million.
“The rule of law is the holiday pay statute, so it’s passed by the Legislature, and the wage and hour laws which are also passed by the Legislature,” she said. “It’s really not even case law; it’s primary legislative enactments.”
Firefighters from Charleston, Huntington, Wheeling and Weirton attended the hearing at the Monongalia County Justice Center. The city of Charleston previously negotiated a $1.7 million settlement with 160 firefighters over an identical issue, in which the city agreed to compensate the firefighters for five years of backpay.
“This issue affects every firefighter in the state, and our firefighters are committed to going the distance on this issue,” Toriseva said. “It’s about a lot more than just money. If it were just about money, they would have taken the settlement, but it’s also about getting it right and fairness.”
Gaujot did not order mediation but encouraged the city and firefighters union to discuss a possible agreement. Toriseva will have to provide the court with a proposed settlement next week.