MORGANTOWN — A hearing scheduled for July 29 in the lawsuit by Morgantown’s firefighters against the city over back holiday wages has been moved.
The two sides have been unable to complete another attempt at mediation with their chosen mediator because of scheduling and availability, according to the order moving the hearing to September. A mediation date has been set for Aug. 5.
In June 2019, members of the International Association of Firefighters Local 313, which represents Morgantown’s firefighters, filed a suit against the city over improper compensation when it came to holidays. The law requires firefighters be compensated with 1.5 times their pay, or equal time off for hours worked for holidays. The issue was fixed going forward after the suit was filed; however, the issue over back compensation remains.
“The members of Local 313 are pleased with this development as amicable resolution is always preferred over prolonged litigation,” said attorney Teresa Toriseva. “If the mediation is unsuccessful, the firefighters will be prepared to proceed with the pre-trial hearing that has been rescheduled … and then ultimately, the full trial when the court sets it.”
Morgantown did not wish to comment on the upcoming mediation attempt or rescheduling of the hearing.
The case is being heard by Monongalia County Circuit Court Judge Phillip Gaujot, who ordered another mediation attempt at a hearing in June 2021.
In that hearing, Gaujot acknowledged the legal complexity of the case, said both sides made good points, and that it didn’t make sense for the case to go to trial.
As previously reported, the two sides are essentially at an impasse over 8 hours. Morgantown’s firefighters work 24-hour shifts from 8 a.m. to 8 a.m. The city wants to reimburse firefighters for what they actually work on a holiday — either 8 hours or 16 hours — while the firefighters believe they should get an entire day of compensation or 36 hours of pay.
At the June hearing, Gaujot asked if a firefighter’s regularly scheduled day off was on Monday for West Virginia Day, what each side would compensate that employee for; according to Josh Miller, an attorney for the firefighters, 24 hours time off or 36 hours of pay. According to Morgantown’s attorney Ryan Simonton, the answer is 16 hours, which is the maximum a firefighter could work on any given holiday.
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