CHARLESTON — The West Virginia Supreme Court of Appeals has granted a motion to dismiss an appeal involving the City of Martinsburg and a group of firefighters.
The firefighters were part of the IAFF Local 805. The city was appealing Circuit Judge Laura Faircloth's ruling that professional firefighters needed to be paid holiday pay based on their actual work shift of 24 hours.
Faircloth already had held two hearings on the matter and issued her decision before the city appealed. Her ruling also matched how Charleston applies its holiday pay and how other cities statewide apply their holiday pay.
Toriseva
The attorney for the firefighters praised the ruling.
"West Virginia's professional firefighters make our cities safer," Teresa Toriseva told The West Virginia Record. "They deserve to be paid according to the law. Retaining veteran firefighters and recruiting new ones relies on accurate and fair pay.
“It's about fairness and public safety."
The state's holiday pay statute applies to all professional firefighters in the state.
Several other cities have been involved in litigation regarding the statute in West Virginia, including Morgantown, Parkersburg and Huntington. Other cities have resolved their issues without litigation.
"Upon consideration and review, the court is of the opinion to, and does, grant the motion to dismiss," the Supreme Court said in an order.
Martinsburg filed its notice of appeal in January. The following month, Toriseva and Josh Miller of Toriseva Law, filed a motion to dismiss the appeal as interlocutory.
In her December 2020 order, Faircloth wrote that the city's arguments were without merit.
"The court’s previous order is a logical legal development based upon differing factual development of the twenty-four-hour shift worked by Martinsburg firefighters," Faircloth wrote.
Faircloth ordered that the defendant comply with West Virginia code and compensate firefighters with a minimum of 24 hours compensatory time or 36 hours pay for each legal holiday.
