Overview

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, Missouri, New Jersey, Ohio Pennsylvania, South Carolina, Tennessee, Texas and Virginia with various unions including CWA, UAW, USW, IBT, and IUOE.
  • 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 in NLRB unfair labor practice proceedings, related subpoena enforcement litigation, and pre-election hearings involving bargaining unit issues.
  • 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.

Professional & Community Affiliations

Member

Committee on the Development of the Law Under the National Labor Relations Act, Section of Labor and Employment Law

American Bar Association

Member

Committee on ADR in Labor and Employment Law, Section of Labor and Employment Law

American Bar Association

Member

Committee on Employment and Labor Relations Law, Section of Litigation

American Bar Association

Conference Co-Chair

Annual Course on Labor Law and Labor Arbitration

The Center for American and International Law

2010-2012

Recognition

Fellow

The College of Labor and Employment Lawyers

Named, America's Leading Lawyers for Business

Chambers USA

2007-2019

Named, The Best Lawyers in America©

2012-2020

Named, Lawyer of the Year

Dallas

The Best Lawyers in America©

2012

Named, Super Lawyer in Employment and Labor

Texas

Super Lawyers

2009-2019

Awarded, AV® Peer Review Rating

Martindale-Hubbell

News, Analysis & Press

The Principal Differences Between Labor and Employment Arbitration

The Advocate: Texas State Bar Litigation Section Report, Vol. 69

January 2015

NLRB Roundup

Employee Relations Law Journal, Vol. 39, No. 1

Summer 2013

NLRB Developments: New Election Rules, Class Action Waivers and (Maybe?) Recess Appointments

Employee Relations Law Journal, Vol. 38, No. 1

Summer 2012

Books & Book Chapters

  • Collier Guide to Chapter 11: Key Topics and Selected Industries, Labor and Employment Issues, Co-Authors: A. N. Resnick and H. J. Sommer Eds., 2013
  • Educating and Updating Clients on Recent Trends and Developments in the Employment Law Arena, Inside the Minds: The Impact of Recent Regulatory Developments in Employment Law, Thomson Reuters/Aspatore, co-author, 2012
  • Elkouri and Elkouri: How Arbitration Works, 2008 Supplement, 3rd - 6th Eds., Bloomberg BNA, contributing author
  • Littler On Bankruptcy & Employment Law Issues, Littler National Employer Library

Speaking Engagements

Affiliated Company Liability: The Expanding Definition of “Employer” and the Increasing Disregard of Corporate Separateness

The 2017 Executive Employer® Conference

May 11, 2017

Independent Contractor: Joint Employment & The Gig Economy Under the NLRA

CAIL 55th Annual Course on Labor Law and Labor Arbitration, Plano, TX

April 13, 2017

Affiliated Company Liability: The Expanding Definition of “Employer” and the Increasing Disregard of Corporate Separateness in the Labor and Employment Law Setting

2016 ACC Annual Meeting

October 18, 2016

Joint-Employer Status Under The NLRA and Other Statutes

54th Annual Course on Labor Law and Labor Arbitration, The Center for American and International Law, Plano, TX

May 9-12, 2016

The NLRB’s Redefinition of Joint Employment: A Dangerous Twist in Many Common Business Relationships

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 5, 2016

Private Equity and Corporate Transactions: A Candid Discussion About Risk, Strategic Advantage and Successful Business Integration

Dallas, TX

April 20, 2015

NLRA 101

1A Faculty Athletics Representatives (1A FAR), Grapevine, TX

September 21, 2014

The 2014 Houston Employer Conference

Houston, TX

August 14, 2014

Strikes and Lockouts

52nd Annual Course on Labor Law and Labor Arbitration – The Center for American and International Law, Plano, TX

May 7, 2014

Economic Pressure

51st Annual Course on Labor Law and Labor Arbitration – The Center for American and International Law, Plano, TX

May 7, 2013

Employment and Labor Arbitration: Comparison, Contrast and Overlap

50th Annual Course on Labor Law and Labor Arbitration – The Center for American and International Law, Plano, TX

May 3, 2012

Using the Grievance and Arbitration Process to Resolve Statutory Claims

National Academy of Arbitrators, Southwest Region

March 2011

Education

  • J.D., University of South Dakota, 1976
  • B.A., University of Minnesota, 1973

Bar Admission

Texas
Nebraska
South Dakota
Arizona

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. Court of Appeals, District of Columbia
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Southern District of Texas