Labor Law

Employer disciplinary hearings & arbitration

Union employee discipline is covered under the union’s CBA.  When a disciplinary matter is brought against a union member, that member is entitled to representation from the union and that the appropriate procedure be followed under the CBA.  If you have received a Final Disciplinary Notice, your CBA usually provides for the matter to be arbitrated as a final administrative resolution.

At The Mark Law Firm, our experienced Labor Law Attorneys can help you navigate through the disciplinary process, whether through consultation, monitoring, or representation.

Employee disputes with union

Union employees are entitled to union representation when dealing with their employers.  If you find yourself at an impasse with your Union representative in regard to you matter, you may need make an unfair labor action complaint against your Union.

At The Mark Law Firm, our experienced Labor Law Attorneys can help you repair relations with your Union or pursue administrative action to force the Union to properly represent your interests.

Failure to grant tenure cases

Teachers in New Jersey hired after August 6, 2012 are eligible for tenure after four (4) consecutive years of teaching.  Prior to receiving tenure, a School District is not under any obligation to rehire a non-tenured teacher.  If you believe you were wrongfully denied tenure you must take immediate action and afford yourself of the procedural rules provided to untenured teachers, including the right to a Donaldson Hearing.

At The Mark Law Firm, our experienced Labor Law Attorneys can help you through the process, including representation at a Donaldson Hearing and any subsequent administrative appeal.

Disciplinary hearings against teachers

As a member of Collective Bargaining Agreement (CBA) and a state employee, teachers are afforded various rights.  Most importantly, teachers have a right to due process in the disciplinary process, whether it’s as a result of poor evaluations, incidences at work or withholding of an increment, your employer must follow the proper procedure and rules before rendering discipline in a matter.

At The Mark Law Firm, our experienced Labor Law Attorneys can help you through the process, whether it’s in conjunction with your union representation or our own representation before your employer and the administrative process.

Responding to defective teacher evaluations

Recent law has empowered School Districts to bring tenure charges when a teacher receives two consecutive poor evaluations.  When your livelihood is on the line and you feel you are wrongfully receiving poor evaluations by a supervisor, you should seek legal advice.

At The Mark Law Firm, our experienced Labor Law Attorneys can evaluate and assist you in responding to poor teacher evaluations.  Whether it’s because the supervisor conducting the evaluation is not trained properly trained, or the evaluation is not inconsistent in determination, our attorneys can review your matter and assist you in responding forcefully to protect your interests