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Parkersburg firefighters seek back pay

Lawsuit filed against city

PARKERSBURG — A group of Parkersburg city firefighters is bringing a lawsuit against the City of Parkersburg to get back longevity pay they claim was incorrectly reduced by the city.

Attorney Walt Auvil recently filed the suit on behalf of Wayne White, Michael Wood and Joshua Gandee as well as others similarly affected and the International Association of Fire Fighters Local 91.

According to the lawsuit, in March 2017, the city reduced White’s pay by removing a portion of his longevity pay, which he had been receiving throughout his employment. The city did the same thing in August 2017 to Wood and Gandee, the suit states.

“…approximately 39 other employees of the City of Parkersburg Fire Department, also members of Local 91, were similarly affected by (the city’s) reduction of longevity pay,” the lawsuit said.

According to the city’s policy, presented as Exhibit A, effective July 1, 2008 (not retroactive) all full-time regular employees, policy civil service employees and fire (40-hour) civil service employees will receive longevity of 30 cents per hour for each year of city service.

Appointed part-time employees will receive longevity of $624 per year for each year of city service, the policy said.

Fire civil service employees working a 48 hour work-week will receive longevity of 25 cents per hour for each year of city services, it said. Fire civil service employees working a 54-hour work-week will receive longevity of 22.22 cents per hour for each year of city service.

Employees will receive longevity on their anniversary date of employment. Longevity will be included in the base pay for purposes of overtime. The granting of all longevity pay is contingent upon City Council action and approval through the city budget, the policy stated.

From 2011 until 2017, the affected employees of the Parkersburg Fire Department were regularly scheduled to and worked 54 hours per week, the lawsuit states. During this period the affected employees received longevity pay at the rate of 22.22 cents per hour for each year of city service. From 2011 and 2017, the affected employees were paid longevity pay by the City of Parkersburg according to the city policy.

The City of Parkersburg contended in 2017 that it discovered that it had paid the affected employees in error and unilaterally reduced their longevity pay based upon the city’s new calculation.

“Since 2017 all the (affected employees) have been paid longevity pay at a rate below what was in the policy,” the lawsuit said. “The actions of the city violated the West Virginia Wage Payment and Collection Act in that the terms and conditions of the Plaintiff’s employment and terms of payment of wages were set forth.

“No change has been authorized in the amounts to be paid to the plaintiffs…which specifically state that the policy set forth is ‘Not retroactive.’ Thus the actions of the city lowering the plaintiff’s longevity pay are in violation of the written terms of employment.”

In a second exhibit, Exhibit B, city policy says all members of the department who attain the designation of Firefighter/EMT and maintain certification as an Emergency Medical Technician as an EMT will receive an increase in pay of 42 cents per hour for all 48 hour work week personnel and 50 cents per hour for all day shift personnel effective July, 1, 2008.

White, Wood and Gandee attained the designation of firefighters/EMT and maintain certification as Emergency Medical Technicians, the lawsuit said.

“The lawsuit alleges that without any written changes in pay policies, the city has altered the pay rate set forth in Exhibit B and reduced the Plaintiff’s pay and the pay of all members of Fire Fighters Local 91 similarly situated as White, Wood and Gandee from the required additional increase in pay set forth to 37 cents per hour,” the lawsuit said. “The actions of the City regarding EMT pay is a violation of the West Virginia Wage Payment and Collection Act which requires that the pay practices of Defendant and all other employers be placed in writing and available to the Plaintiffs

“The City’s actions with regard to EMT pay occurred at the same time as the actions regarding longevity pay. Both actions are a violation of the West Virginia Wage Payment and Collection Act.”

The plaintiffs demand such losses in longevity pay as they have suffered between 2017 and the date of the resolution and an injunction that the city continue to follow the written pay policies, according to the lawsuit. They also demand the reinstatement of the pay practices originally set up in the city’s policy and reimbursement to everyone affected.

They also want the city prohibited from taking further actions in violation of the city’s written pay policies as well as paying attorney and court related costs and any other appropriate relief.

On Thursday, Parkersburg City Attorney Joe Santer said he has not seen the lawsuit and could not comment on it at this time.

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