Arthur Carter

Arbitration; Business Restructuring and M&A; Labor Management Relations; Whistleblowing, Compliance and Investigations

Arthur (Art) T. Carter is board certified in labor and employment law by the Texas Board of Legal Specialization. He advises employers on the labor law aspects of mergers, acquisitions, asset and stock sales, business reorganizations, consolidations, shutdowns, and bankruptcy. He also counsels employers on strategic considerations relating to collective bargaining and labor relations and regularly serves as principal spokesman for management in labor contract negotiations.

Art has extensive experience in labor arbitration, litigation of whistleblower complaints under the health, safety and environmental laws administered under Occupational Safety and Health Administration (OSHA) and cases involving breach of employment contract, employment-related torts and restrictive covenants.

Art has represented employers in numerous federal and state courts and before the National Labor Relations Board (NLRB) and its regional offices throughout the country and other administrative agencies such as the U. S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and OSHA. He has taken part in bankruptcy court proceedings concerning labor law issues such as Worker Adjustment and Retraining Notification Act (WARN) and the applicability of sections 1113 and 1114. His experience includes:

Labor contract negotiations for employers in Alabama, Arizona, Arkansas, California, Georgia, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio Pennsylvania, South Carolina, Tennessee, Texas, Virginia and Washington with various unions including CWA, UAW, USW, IBT, and IUOE.

Defense of employers in NLRB unfair labor practice proceedings, related subpoena enforcement litigation, and pre-election hearings involving bargaining unit issues.

Labor arbitrations for employers involving safety rules, seniority, skill and ability layoffs, drug testing, subcontracting, contract interpretation, jurisdictional disputes, return to work requirements, modification of health insurance plans, setting of rates for newly created jobs, setting of incentive rates, discharge, and final offer arbitration (baseball arbitration) over wages and benefit levels.

Advice and counsel to private equity fund and other corporate buyers concerning labor law aspects of stock and asset transactions, due diligence requirements, assessment of collective bargaining agreements, benefit plans, feasibility of asset purchase exception to withdrawal under multi-employer pension plan, and unlawfulness and practicality of pre-sale collective bargaining.

Advice, counsel and necessary drafting concerning shutdown, curtailment of operations, transfer of work, and WARN compliance.

Advice and counsel to unionized employers concerning soft or hard pension freezes, retiree health insurance, and bargaining and contractual duties concerning same.

Defense of employers under DOL procedures concerning alleged retaliation against health, safety, and environmental whistleblowers.

In addition to his legal practice, Art writes and lectures on labor and employment issues facing employers. He previously was an adjunct professor at Southern Methodist University’s Dedman School of Law, where he taught labor law and labor and employment arbitration. During law school, he was lead articles editor for the South Dakota Law Review.