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.
In his labor relations practice, Mark serves as the lead negotiator for employers in collective bargaining negotiations, including negotiations conducted under contract reopener provisions. Acting in this role, he represents employers engaged in many different industries, including manufacturing, energy, utilities, gaming, and healthcare. Mark also represents management in individual and class action grievance arbitrations involving "just cause" discharge and contractual issues such as promotions/job bids, subcontracting, hours of operation, benefit changes, and dues check-off clauses. Furthermore, he defends employers against unfair labor practice charges filed with the National Labor Relations Board, as well as breach of contract and hybrid actions filed in federal court under the Labor Management Relations Act.
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 is recognized for his work in the field of labor and employment law by The Best Lawyers in America®, Chambers USA, and Super Lawyers®, and has received a preeminent AV peer-review rating from Martindale-Hubbell. He also served as a member of the State Personnel Board by appointment of the Governor.
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.