Mark H. Dellinger is a Member and Co-Leader of the Firm's Labor & Employment practice group. He practices out of the Firm’s office in Charleston, West Virginia.
With a career spanning more than 20 years, Mark has built a solid practice focused on representing private and public sector employers in preventive counseling, employment litigation, and traditional labor relations matters. A significant part of Mark's litigation practice is devoted to representing employers in the defense of cases filed in federal and state courts. He is a seasoned trial attorney, having successfully tried many types of employment cases to verdict, including claims alleging wrongful discharge, discrimination, harassment, and retaliation. Mark also represents employers in administrative hearings and other proceedings before various federal and state agencies.
As part of his labor relations practice, Mark represents employers in proceedings before the National Labor Relations Board, litigation under Section 301 of the Labor Management Relations Act, and individual and class action grievance arbitrations. He routinely handles collective bargaining negotiations (including negotiations conducted under re-opener provisions), unfair labor practice charges, and union elections and representation proceedings, in addition to advising on contract administration and interpretation issues. His representation of employers in labor relations matters encompasses multiple industries, including health care, utilities, transportation, manufacturing, energy, telecommunications, and gaming. Mark also is experienced in representing municipalities and public employers in collective bargaining negotiations and other labor matters.
In addition to his law practice, Mark routinely presents and writes articles on labor and employment law topics. He recently co-authored an article for the West Virginia Law Review Online, which is entitled The West Virginia Workers' Compensation Act: Providing "Sweeping Immunity" From Common Law Tort Claims in Employment Discrimination Cases, 122 W. Va. L. Rev. Online 2 (2020).
Mark was previously appointed by the Governor of West Virginia to serve as a member of the State Personnel Board. The Board establishes policy for the State’s classified employees and is authorized to propose legislative rules, interpret laws, and conduct hearings.
Prior to joining the Firm, Mark served as the leader of a labor and employment practice group of a regional law firm for over a decade.