John R. Merinar Jr.

Biography

With the benefit of over 30 years of experience there isn’t much that Jack hasn’t seen in labor law, which makes him adept at finding the best outcomes in difficult situations. He cut his teeth in labor law in the early 1990s seeking injunctions for picket line misconduct. Before long, he was advising employers through union campaigns and elections, and negotiating labor agreements. Jack has seen the impact that labor problems can have on a business, so he looks for ways to avoid them, but if it is sometimes necessary to go through a hearing or trial, that is something Jack is well prepared to do. He is a seasoned trial attorney with a natural aptitude for trial work. He has successfully tried cases to verdict in both state and federal courts in West Virginia, Pennsylvania, and Maryland. His experience goes beyond labor issues to encompass construction law, defense of ski areas, libel cases against newspapers, and medical malpractice defense. Although the vast majority of his practice is defense-oriented, on those infrequent occasions when people who have been harmed have sought his assistance, Jack has succeeded in helping them.

Outside of his busy legal practice, Jack doesn’t slow down. He is an avid runner and swimmer, and has been a volunteer coach for both cross country and swimming. He’s been a board member of, and past President of, a shelter for domestic violence victims, and a board member of, and counsel for the West Virginia chapter of the Associated Builders and Contractors. In his spare time, Jack is a pilot who has logged more than 750 hours.

Representative Experience

  • Counseled many employers through union organizing efforts, union campaigns and elections, and related NLRB proceedings
  • Bargained many collective bargaining agreements
  • Counseled many employers during labor disputes and strikes, and obtained injunctive relief in response to picket-line misconduct
  • Represented many employers in unfair labor practice proceedings and in labor arbitrations covering a wide variety of issues
  • Provides ongoing counsel to employers regarding issues arising under labor agreements and under the National Labor Relations Act
  • Tried many employment cases to jury verdict

Licensed In

  • Pennsylvania
  • West Virginia

Education

  • J.D. University of Pittsburgh School of Law
  • B.S. Pennsylvania State University

Memberships

  • Board of Directors, West Virginia Associated Builders and Contractors
  • Board of Directors, Harrison County YMCA
  • Past President, Clarksburg Rotary
  • Past President and Board Member, HOPE, Inc.
  • Member, Bridgeport, West Virginia Utility Board

Achievements

  • Fellow, American College of Labor and Employment Lawyers, 2019
  • Chambers USA: America’s Leading Lawyers for Business – Labor & Employment (2009-2012, 2021 – Present)
  • The Best Lawyers in America®, Employment Law – Management (2011-Present), Labor Law – Management (2011-Present), Litigation – Labor and Employment (2011-Present)
  • Best Lawyers® 2018 Morgantown, WV Litigation – Labor and Employment, Lawyer of the Year
  • Best Lawyers® 2016 Morgantown, WV, Litigation-Labor and Employment, Lawyer of the Year

Speaking Engagements

Webcasts
  • 2021:”Challenging Health and Safety Issues in a Unionized Environment,” (Employment Law Alliance Webinar)
  • 2020: “COVID And Protest Related Labor Issues,” (Ohio Chamber of Commerce)
  • 2018: “Pipelines, Roads and Buildings: The Impact of Potential Joint Employer Liability on Infrastructure Projects”
  • 2018: “Joint Employer Hazards,” (West Virginia Bar Association)
  • 2018: “Update on Labor Law Issues Under the Trump Administration,” (Ohio Chamber of Commerce)
  • 2016: “Times Are Changing For Higher Education at The NLRB”
  • 2016: “Preparing for a Campaign Under the NLRB’s New ‘Quickie’ Election Rules”
Presentations
  • 2022: “The Art of Direct and Cross-Examination” (Harrison County Bar Association)
  • 2020: “COVID and Protest Related Labor Issues,” (The Woodlands Chamber of Commerce) November 2020
  • 2019: “Immigration Basics,” (The West Virginia Chapter of The Society of Human Resource Managers, 2019 Annual Meeting)
  • 2019: “Union Tactics in right to Work West Virginia.” (West Virginia Chapter, Associated Builders and Contractors, 2019 Annual Meeting)
  • 2019: “Union Organizing in Aviation.” (Breakfast Briefing for the Aviation Community)
  • 2018: “How to Avoid Trouble Under the Fair Labor Standards Act.” (WV Society of Human Resources Managers, 2018 Annual Meeting)
  • 2018: “Construction Right to Work Issues” (West Virginia Chapter, Associated Builders and Contractors, 2018 Annual Conference)
  • 2017: “The National Labor Relations Board & You,” (West Virginia Society of Human Resources Managers, 2017 Annual Conference)
  • 2017: “Ethical Issues We Face as Attorneys,” (Harrison County, WV Bar Association)
  • 2016: “W.Va. Code §29B-1-1 FOIA: Updates and Issues” (Government Finance Officers Association of West Virginia)
  • 2015: “Cooperative Liability for Injuries to Independent Contractors’ Employees,” (Pennsylvania Rural Electric Association, Chief Executive Conference)
  • 2015: Moderator, “Campaigns Under the NLRB’s New Quickie Election Rules” (American Conference Institute)
  • 2015: “The Impact of Marijuana Legalization on Drug Testing and Drug-Free Workplace Policies” (Pennsylvania Ski Areas Association, Annual Meeting)
  • 2014: “The Impact of Regulatory Changes on Federal Contractors” (West Virginia Chapter, Associated Builders and Contractors, Legislative Meeting)
  • 2012: “The Reserved Gate Doctrine” (West Virginia Chapter, Associated Builders and Contractors, Legislative Meeting)

Publications

  • 2019: “Status Report: West Virginia Right to Work Law” (West Virginia Employment Law Newsletter)
  • 2018: “Returning to Work After Injury: Hazards of Disability-based Harassment,” (West Virginia Employment Law Newsletter)
  • 2017: “WV Officially Right-to-Work State – So What Do You Need to Do?” (West Virginia Employment Law Newsletter)
  • 2017: “WV Lawmakers Expand Employment Opportunities for Convicted Criminals” (West Virginia Employment Law Newsletter)
  • 2014: “Accommodations for Pregnant Employees: Now More Than Ever, the Law” (West Virginia Employment Law Newsletter)
  • 2011: “Anatomy of a Ski Resort Organizing Effort” (National Ski Areas Association Journal, Volume 19, Issue 1, Feb-March 2011)

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