Mark Makler: PSLG Counsel

Public Safety Labor Group (PSLG)

About Mark Makler:

Myself, and all of the attorneys at Public Safety Labor Group (PSLG), act as General Counsel and labor and employment counsel to the Gresham Police Officers’ Association. In that capacity I advise, counsel, and assist your GPOA Executive Board as they serve several critical roles in the negotiation, preparation and enforcement of your Collective Bargaining Agreement. Perhaps most importantly, I communicate regularly with your Representatives as they are the first line of defense against any violations of the CBA. By being on the scene and understanding and applying the contract, I assist you in defusing potentially troublesome situations.

In addition to enforcing the contract, I assist your Executive Board in maintaining their vigilance against violations of the GPOA's collective bargaining rights. Your Representatives are usually the first to be aware of the City’s intent to make any change in wages, hours, and working conditions. By asserting the GPOA’s right to collective bargaining over “mandatory” subjects of bargaining, we can ensure that the employer complies with its statutory obligation to collectively bargain.

I also assist, counsel, and offer to lead and participate in the representation of employees in the disciplinary process. GPOA Executive Board members are primarily charged with investigating the background of disciplinary charges made against a member, and representing employees through the interview process. By aggressively investigating charges made against members and preparing the best offense/defense against those charges at an early point in the disciplinary process, myself and the Executive Board play an invaluable role in not only assisting employees, but in preventing the City from making an incorrect disciplinary decision.

Under the law (ORS 243.650 et seq.), the GPOA is given the right to collectively bargain over wages, hours, and conditions of employment, so called “mandatory” subjects of bargaining. The GPOA’s right to bargain over mandatory subjects of bargaining does not end when negotiations for a new agreement are completed. Rather, the GPOA’s right to bargain continues throughout the entire time a contract is in place, and even after a contract has expired. This continuing right to bargain can be enforced whenever the City is making a change in a mandatory subject of bargaining, which is covered and/or not covered in the CBA. As such, it is important that GPOA Representatives understand what mandatory subjects of bargaining are, and how to best raise the issue of the employer’s continuing duty to bargain. In my role as your legal counsel, I advise your GPOA Representatives on this on-going and continuous issues on a day-to-day basis.

Employees are guaranteed the right to representation whenever an employee is being questioned under circumstances, which may lead to discipline. These rights were first described by the United States Supreme Court and apply in a variety of settings. In each case, however, the employee is entitled to representation only if the employee requests representation or if the contract provides that such representation must be provided and/or offered.

For more information about your Miranda, Garrity & Weingarten rights, see the Information Page.

Mark has taught and trained labor and management throughout the United States in the areas of: Deadly Force Response & Officer Involved Shootings; Public Safety Labor Law Principles; Labor Relations; Professional Standards and Internal Affairs Investigations & the Use of Force; Discipline, Just Cause and Misconduct; Firefighters and Law Enforcement Officers Rights; and Police Use of Force Investigations.