The document was filed in the Rockingham division of the United States District Court for the Middle District of North Carolina on March 13. It says the plaintiffs “have worked hours in excess of hourly levels specified in the (Fair Labor Standards Act).”
It also says the city did not “provide the plaintiffs with overtime compensation at a rate of one and one-half times their regular rate of pay for the hours plaintiffs worked in excess of the hourly levels specified in Section 7(k) of the FSLA, thereby violating Section 7 of the FLSA.”
The complaint also alleges it was done in a “knowing, willful, bad faith and reckless manner.” It goes on to say the plaintiffs are unable at this time to say just how much money they are owed.
There are 10 plaintiffs listed. They are Robert Barber, William Bellamy, Charles Bowden, Adam Covington, Rodney Gandy, Vernon McKinnon, Michael Meginnis, Richard O’Neal Troy Sorrell and Michael Williams, according to U.S. District Court Clerk Abby Taylor.
International Association of Fire Fighters Local Chapter 4702 President Barber said there were originally five employees of the department who enlisted with the IAFF, as was previously reported, but five more employees have since joined the union.
He listed the officers of the IAFF Chapter with himself as the president, Williams as the vice president, Sorrell as the secretary and Gandy as the treasurer.
“We have joined the IAFF for the benefit of the firefighters,” he said. “We put our lives on the line for your protection, and the IAFF is there to protect us.”
Barber said some of these plaintiffs are veterans of the department who hold rank.
“We spend more time together with each other than most people spend with their families,” Barber said. “We work 24-hour shifts together ... and we get along good and we try to support each other. This gives us a chance to speak with one voice.”
City Manager Monty Crump declined to comment. Rockingham Mayor Gene McLaurin said he has not seen the actual lawsuit paperwork, but was aware a suit has been filed.
“It has been referred to our attorneys, and at this point they are handling the city’s response,” he said.
McLaurin explained the city is provided representation through the North Carolina League of Municipalities. The name of the city’s attorney was unavailable at press time.
The firefighters are represented by four attorneys, including Baldwin Robertson, whose e-mail address includes the name of the IAFF. None of the four could be reached for comment.
Robertson and two of the other attorneys for the plaintiffs, Tom Woodley and Arthur Traynor, are listed above the name of the Woodley & McGillivary Law Firm in Washington, D.C.
The firm’s website says it deals with casework devoted to “protecting and enforcing the rights and interests of labor organizations and employees in both the public and private sector,” and it is “national in scope.”
The other attorney listed on the complaint is M. Travis Payne of Edelstein and Payne in Raleigh.
A profile of the firm from the North Carolina Justice Center describes it’s efforts “to protect civil rights, expand workers’ rights and fight discrimination.”
Ed Duffield is the vice president of an affiliate organization of the IAFF, the Police, Fire Fighters and Paramedics of North Carolina.
He said the attorneys representing the plaintiffs have experience with this kind of case.
“After a thorough review by these attorneys, who handle these type of cases all the time, they decided to go forward with it,” he said.
He also said the IAFF’s support of doing away with state law prohibiting collective bargaining among the employees of local government.
“I think the biggest thing to be won is that the department will be following the law,” IAFF Field Representative David Anders said. “It’s disappointing for these guys when they talk to other firefighters at other departments throughout the state and find out how things are done there, and ask why isn’t it done that way here? Then, they find out it’s because their department doesn’t follow the law.”
They are ALL still answering calls for the citizens of Rockingham and those outlying cities that require mutual aide, regardless of the suit filed.
Whether or not you agree or disagree, these men risks their lives. ALL OF THEM not just those 10! Those 10 are not the entire staff!!
Look at what good is being done. Rockingham has decreased family displacement due to less damage, property saved, a Child Safety Seat Checking Station, they have had a 0 safety accident rate over the last couple of years, their response time is phenominal. These guys are certified in all aspects of their training PART TIME and FULL TIME firemen. They have built a training facility in their own back lot...etc....
These are 10 of the firmen. Let this play out the way it needs too, the way these 10 have asked...IN COURT! Do not tarnish the image of the Rockingham Fire Department.
For those of you criticizing them, saying they sit on their butt....we all have days on our job where it is not busy, but how many of us risk our life each time the tones go off? I'd say not many of those criticizing this department.
It is easy to sit back and criticize without knowing the full truth. Look at how much money is saved for taxpayers by having the response time and training of these firemen....Less families being put out of their homes due to damage, less financial aide needed from the American Red Cross to assist those families, prevention education being provided from preschool on up!
Regardless of the lawsuit, my husband lays his life on the line daily and I don't calculate that by an hourly wage...their is no amount of money that can supplement what my husband means to our family.
Again, I would like to see the job description they signed when they accepted the job, and see if they knew being on call was mandatory and if they knew going in about the wages and how they would be calculated.
I do know that their earnings are a matter of public record and anyone can go and see what they make.
I went by with my child to tour the fire station one Saturday and there was a large group of people grilling out and throwing softballs in the back. So do the taxpayers get reimbursed for that fireman's personal time spent on the job?? What if a softball damages a vehicle, who pays for that? Us or that fireman? Do the firemen use the station as a recreational building while on duty? If they are injured playing around, do we as taxpayers pay their workers comp?
Do they get paid while they are sleeping? I honestly think there is much more to this story than what is being presented. Too many questions.....so I'm sure court is the best place for all of the truth to come out.
As for the comment about the Fire Chief, look at his salary and see if he gets compensated for attending fire calls after 5pm and on the weekends? He has to be available 24/7 no excuses. If he doesn't then why should they. He chose that job, just like the firemen employed.
My last question is, are there more than 10 employees with the fire department and if so why aren't those employees filing suit? Again, something just doesn't sound right!
As with everything in life, when a complaint arises we tend to hear a glorified story from the people making the complaint. I would like to hear the side of the city.
Then they'd just jack up taxes like Detroit, and in no time we'd also be a ghost town.
Probably in the end, it's probably the Fire Chief who's pissed everyone off anyway. I don't understand why he got hired back after busting someone with a flashlight when he was building inspector. He probably has some dirt on someone.
Now, it does not matter what job a person has or does, or what that job requires of them, or whether it is a Firefighter, a Millworker or a Wal-Mart employee. I don't know what you do for a living, if anything, but I would bet that if you were working 50 hours a week and only getting paid your hourly rate for 50 hours, you would have something to say about that. Everyone deserves to be treated fairly. The other hourly paid city employees get paid "time and a half" for every hour they work past 40 in a workweek. What makes the hourly paid Firefighters any different? NOTHING!
In your words,
"Let's face it, there aren't fires everyday and they spend a lot of time sitting on there butts waiting for something to happen here"
Thanks to those guys at the fire department, who educate the public, and hold demonstrations at the schools, and inspect all of the buildings, new or old, there's not a lot of fires here. I see that as a good thing BECAUSE of the fire department. Less fires means less welfare and redcross assistance being given to burned out families. It means less insurance payments from insurance companies.
In your words,
"I hope these guys lose their case and they all leave"
You don't really mean that if you live inside the city limits of Rockingham. There is no other Fire department in the county that I would rather have serving me than the guys at RFD. You couldn't ask for a better group of men willing to put it all on the line to protect the citizens and property in the town. They are hands down, the best trained department around with many having more than 20 years of service.
In your words,
" There are a lot af unemployed folks around here that would love to have their jobs."
Again, I disagree. If everyone would love to have their jobs, there would be so many volunteer fireman in this county, you wouldn't have any structure fires because you would have a fireman in every structure to immediately put it out, while they wait on a paid position to open. But you don't have that. Firefighters are a special group of people. Less than 1% of the population are willing to put their own life on the line to save someone else's property or life.The fire department does so much more than put out fires, but you seem to be forgetting that part. Those guys are trained to handle any situation that comes up. They hone those skills daily. They commit theirselves to constant hands-on and classroom training, sometimes on a daily basis, just to be prepared to handle any and all emergencies.
These guys are on call 24/7. They work 24 hour shifts and are still on call on their days off. Middle of the morning, middle of the day, middle of the night. Doesn't matter, they drop what they are doing, leave everything behind, including family, and take off to go do their jobs all while knowing that one mistake doesn't mean your going to get written up or even fired. It means DEATH, for that firefighter, other firefighters and citizens.
Most people could not handle the training those guys do, much less going into an inferno so the homeowner can salvage as much property as possible.
So, you should think about all sides before making a knee-jerk reaction and calling these guys crybabies.
Local or State law doesnt not over ride FEDERAL statue.
The fire fighters in your area want what is legally and morally theirs. Their money. If you worked an extra 10 hours this week for your employer, wouldn't youwant to be properly comensated for it? Lets say they were fighting a fire at your house when it was time to go home. Wouldn't you be pissed if they just turned the water pressure from the pumper, rolled up the hoses and let your house burn to the ground! Well I think its a reasonable solution, because if they aren't going to get paid, why would one want to risk their life to save a house from a non-supporter like you.
I grew up in a fire fighting household. What you don't see when the guys aren't on call, is training, training and more training. Then its making sure the equipment is clean and properly working. Then its off for more training, as a first responder, CPR, or EMT.
The only cry baby it sounds like it you..because you didnt pass the test to become a fire fighter.
And to the City of Rockingham...do the right thing. You owe these guys the money. Give it to them. I can't believe how back wooded your employee rights are in the 21st century.
and lastly, when these guys figuare out how to put fires out on a times scheduale then they won't have to worry about overtime, or maybe they will just drive off from the next fire call and tell the next shift to finish it up for them, since they are watching the clock so closely now.
if they want to work for a union shop them let them move up north!!!!!!!!!!!!!