NEW ORLEANS FIRE. LOCAL 632 v. New Orleans

980 So. 2d 760, 2007 La.App. 4 Cir. 1475, 2008 La. App. LEXIS 332, 2008 WL 616069
CourtLouisiana Court of Appeal
DecidedMarch 5, 2008
Docket2007-CA-1475
StatusPublished
Cited by5 cases

This text of 980 So. 2d 760 (NEW ORLEANS FIRE. LOCAL 632 v. New Orleans) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NEW ORLEANS FIRE. LOCAL 632 v. New Orleans, 980 So. 2d 760, 2007 La.App. 4 Cir. 1475, 2008 La. App. LEXIS 332, 2008 WL 616069 (La. Ct. App. 2008).

Opinion

980 So.2d 760 (2008)

NEW ORLEANS FIREFIGHTERS LOCAL 632, et al.
v.
CITY OF NEW ORLEANS, et al.

No. 2007-CA-1475.

Court of Appeal of Louisiana, Fourth Circuit.

March 5, 2008.
Writ Denied May 9, 2008.

*762 Louis L. Robein, Jr., Nancy Picard, Robein Urann Spencer Picard & Cangemi, APLC, Metairie, LA, for Plaintiffs/Appellees.

Jay Alan Ginsberg, New Orleans, LA, for Defendants/Appellants, (City Civil Service Commission and Lisa Hudson).

Joseph V. DiRosa, Jr., Chief Deputy City Attorney, Heather M. Valliant, Assistant City Attorney, Penya Moses-Fields, City Attorney, New Orleans, LA, for Defendants/Appellants.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge EDWIN A. LOMBARD).

PATRICIA RIVET MURRAY, Judge.

Defendants, the City of New Orleans ["the City"] and the New Orleans Civil Service Commission ["the Commission"], appeal the trial court's judgment rendered March 2, 2007 in this ongoing class action litigation instituted by the New Orleans Firefighters Local Union No. 632 on behalf of the plaintiff class ["the Firefighters"]. For the reasons that follow, we affirm.

FACTS AND PROCEEDINGS BELOW

This action dates back to 1981, when the Firefighters filed a class action petition against the City[1] alleging that the implementation of a particular Civil Service regulation (Commission Rule VIII, § 1.2) concerning the use of accrued annual leave was in violation of La. R.S. 33:1996, a statute granting firefighters certain rights regarding vacation time. Subsequently, in 1993, the Firefighters amended their petition to include a claim that the implementation of a different Civil Service regulation (Commission Rule IV, § 8.1) concerning longevity pay increases violated R.S. 33:1992(B) because it provided for less frequent increases than those due firefighters under the state statute. The Firefighters claimed that the Civil Service regulation, which then provided for a 2.5 % longevity increase for every five years of service, had unfairly deprived them of the minimum longevity increases *763 due them under R.S. 33:1992(B),[2] which provides for a 2% longevity increase annually for twenty years beginning in the third year of service.

On July 19, 1993, the trial court certified the class and divided the Firefighters into three subclasses. Class Three, which consists of those claiming they were deprived of the statutorily mandated longevity increases, is the only group pertinent to this appeal.

On April 26, 1999, the trial court rendered partial summary judgment in favor of the Firefighters, holding (in pertinent part) that the members of Class Three, whose annual longevity pay increases had been limited by operation of the Civil Service regulation, were entitled to back pay and future pay, subject to a credit for any payments they had already received. The district court certified the judgment for immediate appeal, and this court affirmed. New Orleans Firefighters Local 632, AFCIO v. City of New Orleans, 99-1995 (La. App. 4 Cir. 6/7/00), 767 So.2d 112. After granting certiorari, the Louisiana Supreme Court affirmed the portion of the summary judgment regarding the Firefighters' entitlement to the longevity increases mandated by R.S. 33:1992(B), and remanded to the district court for a trial on the merits.[3] On remand, the trial court awarded the Firefighters past longevity raises in accordance with the statute for service beginning in 1978.[4] The court also determined that these longevity raises, equivalent to 2% of a fireman's salary each year from his third year of service until his twenty-third year of service, must be calculated on a compounded basis using a base salary that included City base pay, supplemental pay, mileage pay, and overtime pay. The court ordered that in calculating the amounts owed, the City should receive a credit for each year in which it had granted the firemen a 2.5% longevity increase under the Civil Service regulation (years 1, 5, 10, 15, and 20), but not for those years in which the City had given a general raise to all City employees. Finally, the district court ordered that, for purposes of determining future pay and calculating the amount of back pay owed, the base pay of each class member must be immediately adjusted to include all longevity raises the member should have received pursuant to La. R.S. 33:1992(B).

Both the City and the Commission appealed the district court's judgment, and the Firefighters answered the appeal. On May 26, 2004, this court rendered its decision amending and partially reversing the trial court's judgment and remanding to the district court for recalculation of damages. New Orleans Firefighters Local 632 v. City of New Orleans, 03-1281 (La.App. 4 Cir. 5/26/04), 876 So.2d 211. In pertinent part, this court held that the Firefighters' 1993 amended petition did not relate back to the original 1981 petition, and therefore the Class Three members were entitled to be compensated for missed longevity raises going back to March 2, 1990 (three years prior to the *764 filing of the amended petition) rather than to July 14, 1978 (three years prior to the filing of the original petition). Secondly, this court held that the City was entitled to receive a credit for the first 2% of any city-wide discretionary raises given to firemen during the relevant time period assuming there was not also a Civil Service 2.5% longevity increase given in the same year. Finally, this court ruled that, for purposes of calculating the amount of back pay and future pay owed, each firefighter's base pay was to be retroactively adjusted to account for preceding years of missed longevity raises before the three-year prescriptive period began.

Following our remand for recalculation of damages, the district court has rendered four separate interlocutory judgments regarding the proper method of calculation. First, after conducting a hearing on November 7, 2006, the district court rendered judgment with written reasons November 8, 2006. In that judgment the district court ordered the City to recalculate the amount of current pay and damages due each firefighter "in accordance with the formula promulgated by the court in the judgment rendered February 28, 2003," which formula the 2007 court reiterated with particularity in accompanying Reasons for Judgment. The district court additionally ordered the City to implement the new rates of pay immediately or be found in direct contempt of court.

The defendants brought a motion for new trial alleging that certain parts of the district court's formula were in direct conflict with this court's orders upon remand. On December 21, 2006, the trial court granted the defendants' motion in part and rendered an amended judgment. The court amended the judgment in two respects: (1) It held that the longevity increases should be retroactive to March 2, 1990, in accordance with the Fourth Circuit's ruling on prescription; and (2) It held that in addition to the City being afforded an offset as to back longevity pay "in any year in which a Class member realized a 2.5% Civil Service longevity increase," the City should also receive "a credit of 2% in the years in which `city-wide' pay raises were given." However, the district court rejected the defendants' argument on the motion for new trial that the court should take judicial notice of discretionary raises allegedly awarded all City employees in years prior to 1979 for purposes of calculating City offsets to base pay.

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980 So. 2d 760, 2007 La.App. 4 Cir. 1475, 2008 La. App. LEXIS 332, 2008 WL 616069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-orleans-fire-local-632-v-new-orleans-lactapp-2008.