HUNTINGTON – The state Supreme Court heard oral arguments in a dispute between Morgantown firefighters and the city about how the benefits of legal holidays should be calculated.
Attorneys for both sides presented their case September 13 at the Joan C. Edwards Performing Arts Center at Marshall University as part of the Court On Campus program. It also is part of the university’s celebration of the Constitution Week in honor of namesake John Marshall, the longest serving Chief Justice in U.S. Supreme Court history.
The Supreme Court was hearing the case after the firefighters appealed a previous ruling by former Monongalia Circuit Judge Phillip Gaujot, who had granted summary judgment for the city, saying the firefighters were entitled to time off or additional pay only during the legal holiday itself. He said the state Wage Payment and Collection Act does not apply to this case, meaning Morgantown did not failed to pay “wages” or “fringe benefits” to the firefighters, who are members of the International Association of Fire Fighters Local 313.
Gaujot also ruled that laches, a delay in the assertion of a known right, bars the firefighters’ action, which ultimately is matter dealing with the expenditure of public funds.
During Wednesday’s oral arguments, attorney Teresa Toriseva told the Justices that Morgantown did not grant sufficient time off for legal holidays, saying a legal holiday entitles them to either 24 hours of paid time off or 36 hours of premium pay regardless of whether the full 24-hour shift takes place within the holiday or not.
Because the firefighters’ 24-hour shift routinely has been treated as one calendar day for purposes of payroll, sick days, vacation days and such regardless of when the shift begins, Toriseva argued that holiday pay should be calculated that way as well. The firefighters also say holiday time off and premium pay are either a wage or a fringe benefit under the WPCA, arguing that Morgantown failed to provide time off or premium pay for the full 24-hour shift.
Toriseva said the WPCA also says benefits provided for work on the holiday are wages, monetary and calculable. Thus, she said Gaujot was wrong to not consider the paid time off a “wage.” In addition, the firefighters say Gaujot was wrong to apply laches.
The firefighters say the city failed to pay them half of the fringe benefits required by the state Holiday Pay Statute and the WPCA because it shouldn’t matter that part of the shift was outside of the legal holiday since their shifts run from 8 a.m. to 8 a.m. the next day.
Representing the city, attorney Ryan Simonton said Gaujot was correct in ruling the firefighters’ claims are not subject to the WPCA because the case is about how much paid time off should be given rather than wages. He said Morgantown pays holiday time off in full when it’s due. He also said the firefighters could alter their shifts to be from midnight to midnight but have not chosen to do that. He said the change requested is one better suited for the Legislature, not the courts.
Simonton also said Gaujot was correct in ruling laches prevents public employees from delaying claims for past benefits.
Oral arguments lasted for more than 40 minutes before an audience of more than 250, many of whom were firefighters from across the state. Dozens of Marshall students also listened to the arguments.
Chief Justice Beth Walker and other justices asked questions about the case to both sides in the highly technical case. At the conclusion of the arguments, Walker thanked both parties for traveling to Huntington for the session.
The justices heard oral arguments in two other cases during the session. The court likely will issue a ruling in the cases later this year.
West Virginia Supreme Court of Appeals case number 22-0185