About David Tykulsker, Esq.

Bar Admissions

New Jersey Supreme Court 1983
New York , Appellate Division, First Department 1983
U.S. District Court for New Jersey 1983
U.S. District Court for the Southern District of New York 1984
U.S. District Court for the Eastern District of New York 1984
U.S. Circuit Court of Appeals for the Third Circuit 1988
U.S. Circuit Court of Appeals for the Second Circuit 2009
U.S. Supreme Court 2000

Professional History

Attorney in private practice since 1983.
Founder and proprietor of David Tykulsker & Associates since 1996.
Partner in Ball, Livingston & Tykulsker 1986 – 1996.

Union clients include the United Auto Workers, the United Steelworkers, PACE, the Oil, Chemical and Atomic Workers, the International Federation of Professional and Technical Engineers, the Amalgamated Clothing and Textile Workers, the International Union Of Electrical, Electronic and Professional Workers, Service Employees International Union, Police Benevolent Association, American Postal Workers Union, Transport Workers Union, International Brotherhood Of Teamsters, Newark Firefighters Union, International Association of Fire Fighters and various other unions.

Benefit fund clients have included the USW Local 318 Health and Welfare Fund, the Paper-Industry Union Management Pension Fund, the American Postal Workers Union Health Fund and the SEIU Local 32 B-J North Health Benefit Bund.

Public clients include the County of Passaic.

Environmental clients have included the New Jersey Environmental Federation and numerous citizens groups.

Individual clients have been represented in federal and state courts, the Office of Administrative Law and numerous administrative agencies.

Special Counsel to the New Jersey Industrial Union Council, AFL-CIO on Safety, Health and Environmental matters

General Counsel, Work Environment Council of New Jersey, Inc. www.njwec.org

Member of the New Jersey Commissioner of Labor Advisory Council on Workers’ Compensation 1995 to 2000.

Professional Certification

Certified by the New Jersey Supreme Court in the first group of Workers’ Compensation attorneys, 1998, recertified 2006

Selected Published Decisions

Lomack v. City of Newark,463 F.3d 303 (3d Cir. 2006)

Smith v. Contini, 205 F.3d 597 (3d Cir.), cert. denied, 531 U.S. 875; 121 S.Ct. 180; 148 L.Ed 2d 124 (2000), on remand, 2003 U.S. Dist. LEXIS 14336 (D.N.J. 2003);

Taylor v. Continental Group, 933 F.2d 1227 (3d Cir. 1991)

Loretangelli v. Critelli, 853 F.2d 186 (3d Cir. 1988)

International Union, UAW v. Amerace Corp., 740 F. Supp. 1072 (D.N.J. 1990), aff’d without opinion, 931 F.2d 50 (3d Cir. 1991)

In re Golden Distributors, 152 B.R. 35 (S.D.N.Y.1992)

Brady v. Board Of Review, 152 N.J. 197 (1997)

Allen v. Fauver, 327 N.J. Super. 14 (App.Div. 1999), aff’d, 167 N.J. 69 (2000)

Akef v. BASF, 275 N.J. Super. 30 (App.Div. 1994), aff’d, 140 N.J. 408 (1995), subsequent opinion, 305 N.J. Super. 333 (App.Div. 1997)

Stevens v. N.J. Transit Rail Operations, 356 N.J. Super. 311 (App.Div. 2003)

Walsh v. RCA/General Electric, 334 N.J. Super. 1 (App.Div. 2000)

Williams v. Topps Appliance City, 239 N.J. Super. 528 (App.Div. 1989)

DeSantis v. Employees Of Passaic County Welfare Association, 237 N.J. Super. 530 (App.Div. 1986)

Atlas Refinery Co., 354 NLRB No. 120 (2010)

AMF Graphics, 2008 NLRB LEXIS 121 (2008)

CPS Chemical Co., 324 NLRB 1018 (1997)

Passaic County Board Of Social Services, 23 NJPER (LRP) P28,201 (1997)

Passaic County Board Of Social Services, 22 NJPER (LRP) P27,097 (1996)

Employees Of Passaic County Welfare Association, (BRADBURY), 22 NJPER (LRP) P27,001 (1995)

University of Medicine and Dentistry of New Jersey, 10 NJPER (LRP) P15,198 (1984)

Teaching Experience & Education

Union Leadership Academy of Rutgers University – Multiple courses in various aspects of employment law including “Workplace And The Law I and II”, “Labor Law I and II”, “Public Employee Labor Relations”, “Employment and Law” and “Discipline and Grievance Handling” 1998 to date


Amherst College, 1976, magna cum laude, major in Political Science
Junior year at the London School of Economics


Columbia University School of Law, 1982
Harlan Fiske Stone Scholar 1981 and 1982
Samuel I. Rosenman Prize for Public Interest Law 1981
Administrative Editor, Columbia Human Rights Law Review

David Tykulsker & Associates

The Law Office of David Tykulsker & Associates is located in Montcalir, NJ and serves clients in Essex County, New Jersey and New York states. Contact us for all matters concerning employee rights, labor law and workers compensation.
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