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PARKERSBURG -- A Wood County judge this week ruled the City of Parkersburg has been incorrectly calculating firefighters' holiday pay and time off.
Parkersburg firefighters are scheduled in 24-hour shifts, 8 a.m. to 8 a.m., so their work time or regular time off only spans eight or 16 hours of a holiday. The city awards equal time off only for the hours on the holiday itself, but fire Capt. Wayne White, the lead plaintiff, argued they are entitled to the full 24-hour shift. He also challenged the city's practice of paying down accrued time over 100 hours at the regular rate of pay instead of time-and-a-half.
On Monday, Wood County Circuit Court Judge J.D. Beane granted the plaintiff's motion for summary judgment and ruled all 55 firefighters who are similarly affected were a part of the suit.
"Each and every firefighter, working or scheduled off, should be compensated at one and one-half times his regular rate of pay … or given equal time off of 24 hours, since that is the number of consecutive hours each and every firefighter works or is scheduled off, during which the holiday falls," the ruling says. "For purposes of holiday pay, the statute does not require that the entire 24 hours be worked on the holiday but only the firefighter works 'during a legal holiday' or if 'a legal holiday falls on the member's regular scheduled day off.'"
Beane noted other firefighter benefits -- including sick leave, vacation time and bereavement leave -- accrue based on a 24-hour shift.
The judge ordered the city to pay firefighters for holidays based on their 24-hour shift going forward. Those who were not paid at a time-and-a-half rate or given 24 hours off for working a holiday shift are owed those wages, Beane said in the order. In some cases firefighters were not paid double time for working overtime during holidays, and they are also owed those wages, he said.
More testimony will be needed to determine the amount of damages and attorney fees, the ruling says.
Parkersburg Mayor Tom Joyce said Tuesday that the budgetary impact of the ruling is still being assessed but he expects the city to appeal.
"We still believe the practice which was adopted by ordinance in 2004 is in compliance with the state code as was demonstrated in (a) Morgantown suit earlier this year," he said. "I believe the responsible thing to do at this time is to appeal the decision."
Attorneys for White and the city earlier agreed the facts of the case were not in dispute, just the interpretation of state law.
A bench trial had been scheduled for early November, but it was delayed so the parties could pursue mediation. However, White's attorneys with Toriseva Law in Wheeling filed a motion for sanctions, saying the city acted in bad faith and made no offer to settle the case during mediation. Attorney Johnnie Brown, representing the city, said they did participate in the mediation in good faith, noting a second case was also being mediated and progress was made there.
Wood County Circuit Judge Robert Waters ruled against the city in that case, involving the city's reduction of firefighters' longevity pay from 25 cents an hour to 22.22 cents an hour in 2017. City officials had said the longevity incentive was based on a 48-hour work week and was reduced accordingly when firefighters moved to a 54-hour work week.
The city is also appealing that ruling. But if it is upheld, it would affect some of the firefighters seeking compensation in the holiday pay case as well.
No ruling had been filed on the motion for sanctions as of Tuesday morning.
White was a plaintiff in the longevity case as well. He also filed suit against the city in 2021, claiming officials have denied him opportunities to receive training he needs as the chief fire inspector and otherwise interfered with his job.