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By Gina Tabonares
Variety News Staff
Firefighters assigned to emergency
support groups of various government agencies filed a class suit against
the Government of Guam for unpaid wages before the District Court of Guam
on Wednesday.
The firefighters filed the lawsuit against Gov. Felix P. Camacho, Bureau
of Budget Management Research director Carlos Bordallo, Department of
Administration director Lourdes Perez, Guam Fire Department chief David
Peredo and Guam International Airport Authority executive manager Jesus
Torres.
The lead plaintiffs of the class suit Douglas E. Sherwin, Cindy
Toves and Ronnie J. Guimarey also named 10 other respondents who
are acting in their official capacities but allegedly neglected to follow
the United States Fair Labor Standards Wage and Hour Act by continued
failure to pay the wages of emergency medical technicians since 2001.
The petitioners, who represent about 300 current and former GovGuam employees,
want the local government to pay their unpaid wages, and half a million
in damages plus the cost of litigation.
Sherwin has been a firefighter since 1999 and is a member of the Advanced
Life Support Unit and Fire Suppression Unit of GFD.
Toves has been an emergency medical technician assigned to GIAA since
2002, while Guimarey, who also holds EMT Basic Ambulance certifications,
has served as a member of GFDs Ambulance Unit.
Aside from non-payment of their salary and allowances, GovGuam also failed
to provide uniform allowances pursuant to a 200 executive order.
The class suit members are asking respondents to review the records of
all employees included in the class action for which wages have not been
paid or take necessary steps to calculate unpaid wages to pay all present
and former employees entitled to such payments.
According to the petitioners, their compensation claims are based on a
local law passed in 1998 giving all EMT-A certified firefighters assigned
as emergency medical technicians their base pay plus 15 percent of their
corresponding wage.
Between 1998 and 2001, public policy considerations and GFDs increasing
professionalism resulted in substantial numbers of Guam firefighters becoming
certified as EMTs above the basic EMT-A level.
As a result, an executive order was issued in 2000 which provided a 15
percent pay differential for EMT-certified firefighters who were members
of the Fire Rescue Unit or who were certified and served on standby at
public events or in training other EMTs.
The 2000 executive order was superceded by an executive order of former
Gov. Carl T.C. Gutierrez in 2001 ordering additional certification compensation
paid to five different categories of Guam firefighters.
Under the Gutierrez executive order, regular wage plus 18 percent of regular
wages and a $100-per-pay-period differential should be given to EMT-Intermediate
certified GFD personnel assigned to the Advanced Life Support Unit.
The regular wage plus 15 percent of the wage differential pay was to be
entitled to members of the GFD ambulance unit; the regular wage plus differential
pay at 15 percent of regular wage for personnel of the GFD Search and
Rescue Unit; the regular wage plus 10 percent differential pay for EMT-basic
certified personnel who served as members of the GFD Fire Suppression
Unit; and regular wage plus differential pay of 10 percent for Guam International
Airport Authority Fire and Rescue Unit personnel who were EMT qualified.
The petitioners stated in their complaint that GFD Search and Rescue Unit
personnel received 15 percent differential pay between November 2000 and
September 2001 only.
During the same period, the 18 percent of base pay plus $100 was awarded
to Advanced Life Support personnel but between September 2001 and April
2005, no differential pay was received by any GFD personnel.
The plaintiffs added that in May, June and July 2005, the 15 percent differential
pay was paid to Advanced Life Support and ambulance personnel. Between
August 2005 and September 2005, no differential was paid but from October
2005 up to the present, the 15 percent differential pay has been paid.
Fire Suppression Unit personnel were paid the 10 percent differential
between November 2000 and April 2001, but nothing since that time while
airport life support personnel were paid 15 percent differential between
2001 through January 2004 but nothing thereafter.
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