Monroe Firefighters Ass'n v. City of Monroe

• Decision Date: 23 February 2009
• Docket Number: Civil Action No. 06-CV-1092.
• Citation: 600 F.Supp.2d 790
• Parties: MONROE FIREFIGHTERS ASSOCIATION, et al. v. CITY OF MONROE.
• Court: U.S. District Court — Western District of Louisiana

Page 790

600 F.Supp.2d 790

MONROE FIREFIGHTERS ASSOCIATION, et al. v. CITY OF MONROE.

Civil Action No. 06-CV-1092.

United States District Court, W.D. Louisiana, Monroe Division.

February 23, 2009.

Louis L. Robein, Jr., Christina Leigh Carroll, Robein Urann et al., Metairie, LA, for Monroe Firefighters Association, et al.

Nanci S. Summersgill, City of Monroe, J. Michael Rhymes, La Koshia Reconda Roberts, Monroe, LA, Steven M. Oxenhandler, Michael J. O'Shee, Sam N. Poole, Jr., Trevor S. Fry, Gold Weems et al., Alexandria, LA, for City of Monroe.

RULING

ROBERT G. JAMES, District Judge.

This action was brought on June 27, 2006, by approximately 148 former and current firefighters alleging, among other claims, that their employer, the City of Monroe (the "City"), failed to pay them overtime pay, in violation of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA").

In this, the first of five dispositive motions,¹ the City filed a Motion for Partial Summary Judgment [Doc. No. 51] on the overtime claims by nineteen Plaintiffs who served as Deputy and/or District Fire Chiefs during the relevant time period²: Harold Arrant, Bruce Moore, Daniel Saterfield, James Bellard, Ralph May, Michael Meeks, James Tate, Charles McGuire, Bryan Nugent, Larry Maxey, William Dale Finkbeiner, Charles Finkbeiner, Edgar Wink, James Parrott, David Wallace, Tim Dickerson, Mark McConaughey, David Ponthieux, and Peter Bade. The City contends that these Plaintiffs are exempt from overtime pay because they meet the standards for the executive and/or administrative exemptions. [Doc. Nos. 51, 64 & 94].

Plaintiffs have filed memoranda in opposition to the City's Motion for Partial Summary Judgment and deny that they are exempt from overtime pay. [Doc. Nos. 57 & 73]. They contend that they did not perform the duties necessary to meet the standards for the executive or administrative exemption and that the City's actions destroyed their salary basis of pay.

Having reviewed all briefs filed and evidence submitted, the Court finds that the City's Motion for Partial Summary Judgment should be GRANTED.

I. FACTS

A. Organization of the Monroe Fire Department

The Monroe Fire Department ("MFD") is a department within the City. Since 1998, Jimmie Bryant has served as the Fire Chief ("Chief Bryant"), the highest ranking officer of the MFD. Chief Bryant reports directly to the Mayor. [Doc. No. 51, Exh. A, Chief Bryant Aff. ¶ 1].

The MFD is divided into various divisions as set forth in the MFD Rules and Regulations (the "Rules"). [Doc. No. 51, Exh. A, Chief Bryant Aff. ¶¶ 1 & 2]. The largest division in the MFD, totaling about 158 employees, is the fire suppression division.³

Firefighters work shifts. The fire suppression division has a total of three shifts: A-shift, B-shift, and C-shift. Each of the three shifts alternates days worked; e.g., A-shift on Monday, B-shift on Tuesday, and C-shift on Wednesday, and then the system repeats. Each shift works one 24-hour tour of duty and men has two days off.

Directly below Chief Bryant are the deputy fire chiefs ("Deputy Chief" or "Deputy Chiefs."). A Deputy Chief is assigned to each shift, so that one Deputy Chief is on duty at all times. The fire suppression division is sub-divided into three geographically distinct districts, and each of the three districts has three separate fire stations.

Below the Deputy Chiefs are the three district fire chiefs ("District Chief" or "District Chiefs"). District Chiefs are the commanding officers for each of the geographic districts and report directly to the Deputy Chiefs.

B. Duties of Deputy Chiefs

Deputy Chiefs report directly to Chief Bryant and are ultimately responsible for all three districts during their shifts. Since 2005, Chief Bryant has held an Executive Staff Meeting ("ESM") every Monday morning, which all on-duty Deputy and District Chiefs attend. In May 2006, Chief Bryant began holding daily meetings with the Deputy Chiefs to discuss the activities of each division and communicate information among the different divisions and districts.

Deputy Chiefs must maintain staffing levels of all three districts. They complete MFD daily staffing logs, which record the shifts worked by each firefighter and track the vacation days, sick days, and time trading. As part of their staffing duties, the Deputy Chiefs call firefighters in to work extra time. While not directly involved in budgeting or setting policy on extra time, the staffing decisions made by Deputy Chiefs affect the overall budget of the MFD.

Deputy Chiefs must ensure that firefighters in all three districts obtain the necessary number of hours of training and must coordinate the movement of trucks for classes, drills, and training. They can also schedule tactical drills.

Deputy Chiefs do not typically attend fires or participate in firefighting, although they may occasionally report to an emergency scene, such as a working fire or a hazardous materials incident. Deputy Chiefs can serve as an Incident Commander.⁴ The IC supervises activities to mitigate the emergency and has the discretion to order or reduce manpower and equipment and to make decisions on how best to correct the situation. Usually, however, the District Chiefs serve as the IC, and the Deputy Chiefs provide support, including calling in additional personnel, if needed.

Deputy Chiefs supervise the District Chiefs and have the authority and discretion to override their decisions and the decisions of captains. Deputy Chiefs also preform evaluations of probationary District Chiefs. Deputy Chiefs have authority and do, at times, address grievances of both employees and the public.

C. Duties of District Chiefs

District Chiefs are responsible for the overall operation of the three fire stations in their respective districts. There are three to four apparatuses and fire engines at each fire station. A Captain, a Lieutenant, and a Private⁵ are assigned to every fire engine. Each District Chief supervises at least three Captains, Lieutenants, and Privates.

District Chiefs visit the stations under their supervision, determine if the firefighters are properly dressed and if the trucks have been inspected, handle any necessary administrative paperwork, and review supply requests by fire stations to determine if they are excessive.⁶ On-duty District Chiefs attend and sometimes prepare Powerpoint presentations for the Monday morning ESM.

District Chiefs evaluate the performance of probationary captains, address and resolve employee complaints and grievances, and are authorized to and do recommend disciplinary actions for subordinates. They also counsel subordinates directly.

In addition, District Chiefs are responsible for ensuring the safety and security at the fire stations under their command. They have the discretion and authority to require the fire stations and captains to engage in fire drills to improve the firefighters' skills and do order drills from time to time.

District Chiefs respond to most, but not all, emergency calls, but are not engaged in front line fire fighting. Even if they are not dispatched, District Chiefs have the discretion to travel to an emergency scene. When a District Chief responds to an emergency, whether a fire or an emergency medical call, he serves as the IC.

II. LAW AND ANALYSIS

A. Standard of Review

"Summary judgment is appropriate [if the summary judgment evidence shows] `that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Mello v. Sara Lee Corp., 431 F.3d 440, 443 (5th Cir.2005) (quoting Fed.R.Civ.P. 56).

If the moving party will bear the burden of persuasion at trial, that party must support its motion with credible evidence that would entitle it to a directed verdict if not controverted at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 331, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party meets its initial burden, the nonmoving party "must set forth specific facts showing that there is a genuine issue for trial." Warfield v. Byron, 436 F.3d 551, 557 (5th Cir.2006). "The nonmoving party, however, `cannot satisfy this burden with conclusory allegations, unsubstantiated assertions, or only a scintilla of evidence.'" Id. (quoting Freeman v. Tex. Dep't of Crim. Justice, 369 F.3d 854, 860 (5th Cir.2004)).

B. The FLSA

In general, the FLSA requires employers to pay overtime compensation to employees who work more than forty hours per workweek. 29 U.S.C. § 207(a)(1) (2004). Section 207(k) of the FLSA provides an exemption from the 40-hourweek threshold for employees in "fire protection activities." 29 U.S.C. § 207(k) (2009). Pursuant to Section 207(k), the City's fire suppression employees have collectively bargained for a 21-day work period. [Doc. No. 51, Exh. A-2, § XVT, p. 6]. The Section 207(k) 21-day work period "provides a partial overtime pay exemption for fire protection ... personnel who are employed on a work period basis." 29 C.F.R. § 553.201 (2009). The City is not required to pay overtime compensation to fire suppression employees unless they work more than 159 hours in the 21-day work period. 29 C.F.R. § 553.230 (2009).

However, individuals "employed in a bona fide executive, administrative, or professional capacity" are completely exempt from overtime compensation. 29 U.S.C. § 213(a)(1) (2004). "The decision whether an employee is exempt from the FLSA's overtime compensation provisions under 29 U.S.C. § 213(a)(1), is primarily a question of fact ... However, the ultimate decision whether the employee is exempt from the FLSA's overtime compensation provisions is a question of law." Lott v. Howard Wilson Chrysler-Plymouth, Inc., 203 F.3d 326, 330-31 (5th Cir.2000). Thus, the Court "first asserts findings of historical fact," then "must make inferences from the facts in applying the [Department of Labor] regulations and interpretations," and, finally, "must make the ......