MORGANTOWN, W.Va. — A dispute between Morgantown firefighters and the city won’t stop at a judge’s summary judgement against the firefighters case announced last week.
Members of the International Association of Fire Fighters Local 313 and attorney Teresa Toriseva plan to appeal the ruling.
Monongalia County Circuit Court Judge Phillip Gaujot ruled in favor of Morgantown in the battle over holiday backpay.
The lawsuit, first filed in June 2019, claims firefighters weren’t paid properly for holidays. The suit said firefighters were only paid 12-hours for for each holiday shift when they actually work 24-hours.
Gaujot’s ruling is expected to be finalized in the coming weeks while the appeal is finalized.
“The IAFF does not agree with the order, but we respect the process and the judge,” Teresa Toriseva, who represents the firefighters, said.
During more than two years of litigation there have been four failed mediation attempts and numerous court dates, all funded by taxpayers. Over that period the side were close, but Toriseva said the city was not willing to move at all during the negotiations with firefighters.
“We remained then willing to move- there was no movement from the city as a matter of fact,” Toriseva said.
The city acknowledged the incorrect holiday pay calculations and corrected the situation moving forward with an ordinance in February of 2020. The firefighters say the ordinance violated state law.
Toriseva said the firefighters will also challenge Gaujot’s ruling that firefighters are not eligible backpay but rather paid time off.
Toriseva appealing the ruling is the necessary next step.
“We have to pursue it until either victory in court or you’re at the highest court,” Toriseva said. “Both sides have to look at it that way.”