La Grange v. Fire Protection Dist. No. 4 of St. Tammany Parish

868 So. 2d 40, 2003 La.App. 1 Cir. 0240, 2003 La. App. LEXIS 3078, 2003 WL 22519049
Louisiana Court of Appeal·Decided November 7, 2003·No. No. 2003 CA 0240·Published·Cited by 3 cases

Opinions

I «KUHN, J.

Jerry T. La Grange, a fire captain employed by the Fire Protection District No. 4 (“the Fire District”), filed this suit against the Fire District, seeking a judgment declaring that he is entitled to receive an adjustment in pay. La Grange ultimately seeks to have his rate of pay increased to the amount received by anoth[42] er fire captain, Jackie Chauffe, who enjoys less seniority than him both as a fire suppression employee and also as a fire captain. La Grange’s suit is based on La. R.S. 33:1969, which mandates equal compensation for “equal performance of duty and responsibility.”1 The trial court denied La Grange’s request for relief by signing a judgment that dismissed his. claims with prejudice. La Grange appeals. For the following reasons, we reverse the trial court’s judgment and render judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Counsel for both parties agree there are no disputed facts and stipulated to- the following facts:

[La Grange] has been employed as a fire suppression employee with [the Fire District] since 1979. On February 17, -1998, he was promoted to the position of Fire Captain.... The District compensates one other Captain,- [Chauffe], who enjoys less seniority, at rates higher than [La Grange]. [Chauffe] performs duties and responsibilities of equal status to that performed by [La Grange.] [Chauffe] receives a higher rate of pay primarily because of a 1998 pay raise implemented in the Fire Operator class. Upon his promotion to Fire Captain (after [La Grange’s] 1998 promotional date) [Chauffe] received the same percent pay raise. [Chauffe’s] base operator’s pay was higher, prior to promotion than that of [La Grange], hence his captains (sic) pay became higher than [La Grange]. After [La Grange’s] promotion the remaining fire suppression employees that 'were of [La Grange’s] previous job [..¡classification of operator received a pay increase. They were Mr. Elden Or-dogne, Mr. Mark Frosch and [Chauffe]. Mr. Ordogne. and Mr. Frosch have retired due to disabilities. However, [Chauffe]. has since been promoted to Captain, the same rank as [La Grange]. Because the promotion to Captain comes with a pay raise, which raise is determined as a percentage of the employee’s previous salary, ... [Chauffe] receives a higher hourly wage than does [La Grange]. • ■

'The parties further stipulated that: 1) the Fire District paid La Grange at a salary level published in a “uniform pay plan” adopted by the Wage and Salary Committee of the Fire District’s Board of Commissioners, and 2) such pay has at all times exceeded the statutory minimum salary level for fire captains established under La. R.S. 33:1992.

Through his deposition testimony, Chief Gorrondona represented that he was the most knowledgeable representative of the Fire District regarding matters relating to pay and the salaries of the firefighters. He explained that all pay rates were set by the Board of Commissioners of the Fire District in accordance with a pay scale and recommendations made by the Wage and Salary Committee.

Chief Gorrondona testified that Chauffe’s hire date was February 15, 1982, and he was promoted to the position of Fire Captain during early or mid-February 2001. When he was promoted, his salary was raised to an hourly wage of $13.01, and he received á two-percent scale raise on his anniversary date of February 15.2 As of the July 24, 2001 deposition, La [43] Grange was earning an hourly wage of $12.75, and he was scheduled to receive a raise to $13.01 upon his anniversary date of November 14, 2001. Chief Gorrondona acknowledged that Chauffe’s 2001 promotion placed him one pay scale higher than La Grange, and he earns ^[^approximately 25 to 50 cents more per hour than La Grange.3 Chief Gorrondona explained that this pay disparity resulted from the 1999 adjustment to the operator’s pay scale, which resulted in a two-percent increase throughout the operator’s classification. La Grange had been promoted to the position of captain prior to this adjustment, and the captain’s pay scale was not similarly adjusted. On the other hand, Chauffe received the benefit of this adjustment prior to being promoted to the rank of captain. And under the provisions of the pay plan, because an employee is guaranteed a ten-percent increase in pay upon being promoted from the position of operator to captain, Chauffe’s pay increased beyond that of La Grange’s when he was promoted.

Regarding the duties of the captains, Chief Gorrondona testified that all captains perform equal duties but they all have different pay rates due to differences in their promotion dates and departmental seniority. Chief Gorrondona confirmed that La Grange was senior in grade since he was promoted to the position of Captain before Chauffe and he was senior in number of total years with the department. He explained the sole reason for the pay differential between the captains was the pay adjustment in the operator classification; he stated that Chauffe and La Grange were “performing an equal job.” When asked why La Grange’s pay had not been adjusted to reconcile the disparity, Chief Gorrondona stated that some of the commissioners of the Fire District’s board believed it would be arbitrary to adjust only La Grange’s pay without raising the pay throughout the classification of captain.

j ¡¡When La Grange filed a grievance regarding the pay disparity, the Wage and Salary Committee of the Board of Commissioners responded as follows:

[La Grange] has received the same treatment as any other employee that has been promoted to the rank of Fire Captain. Legal consul [sic] has advised us that his treatment is consistent with State Law. We do not feel that [La Grange] is entitled to any rate adjustment.

La Grange then filed this suit for declaratory judgment. The parties stipulated that the trial court would decide the matter based upon briefs, certain stipulated facts, and the deposition of Fire Chief Earl Gorrondona. In the proceedings below, the Fire District argued that the trial court had no jurisdiction to act because La Grange had not appealed his wage grievance to the Fire and Police Civil Service Board (“the Civil Service Board”). It appears that after this challenge was made, La Grange then appealed his wage grievance to the Civil Service Board. The parties ultimately stipulated that the Civil Service Board declined to take action.

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La Grange v. Fire Protection Dist. No. 4 of St. Tammany Parish, 868 So. 2d 40, 2003 La.App. 1 Cir. 0240, 2003 La. App. LEXIS 3078, 2003 WL 22519049 (La. Ct. App. 2003).

868 So. 2d 40 (La Grange v. Fire Protection Dist. No. 4 of St. Tammany Parish) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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