Practice Areas - Corporate Governance
- Emerging Company/Venture Capital
- Labor and Employment
- Employment Litigation
- Counseling and Training
| - Traditional Labor Law
- Labor and Employment Matters Arising in Bankruptcy Proceedings
- Occupational Safety and Health Act
- Labor and Employment Issues in Business Transactions
- Health Care
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| Contact Info | Telephone: 214-651-5683
Fax: 214-200-0393
http://www.haynesboone.com/arthur_carter/
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| University | University of Minnesota, B.A., 1973 |
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| Law School | University of South Dakota, J.D., 1976 |
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| Admitted | 1976, South Dakota, Nebraska, U.S. District Court, District of South Dakota and U.S. District Court, District of Nebraska; 1988, Arizona, U.S. District Court, District of Arizona; 1995, Texas and U.S. District Court, Northern, Western and Eastern Districts of Texas; U.S. Court of Appeals, Fifth, Eighth, Ninth and Tenth Circuits |
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| Born | Bozeman, Montana |
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| Biography | Advise private equity fund and other corporate buyers concerning labor law aspects of proposed transactions, including assessments of collective bargaining agreements, benefit plans, feasibility of asset purchase exception to withdrawal under multi-employer pension plan, and lawfulness and practicality of pre-sale collective bargaining; Advice and counsel to unionized employers regarding strategies to follow concerning soft or hard pension freeze, retiree health insurance, and bargaining and contractual duties concerning same; Labor law member of Haynes and Boone Bankruptcy Litigation Team involved in multi-billion dollar contested bankruptcy plan confirmation hearing resulting in rejection of union objections and confirmation of plan after extended contested confirmation hearing; Advice and counsel to debtors, and holders of debt or equity on labor and employment issues in bankruptcy, compliance with Section 1113 and 1114 of the Bankruptcy Code, the negotiations of collective bargaining agreements, labor options and related litigation; Advice, counsel, and necessary drafting concerning shutdown and curtailment of operations, transfer of work, WARN, compliance, contracting out and labor issues attendant to the acquisition, sale and reorganization of business enterprises; and regarding asset purchase, stock purchase and merger agreements; 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, IAM, USW, Teamsters, and Operating Engineers Union; 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; 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 Department of Labor procedures concerning alleged retaliation against health, safety, and environmental whistleblowers; Defense litigation in United States District Court for the Northern and Western Districts of Texas involving wage-hour, ADA, Title VII, WARN, racial harassment and defamation claims; Advice and necessary drafting of employment contracts for highly compensated executives. |
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| ISLN | 908506895 |
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| Transactions | Advise private equity fund and other corporate buyers concerning labor law aspects of proposed transactions, including assessments of collective bargaining agreements, benefit plans, feasibility of asset purchase exception to withdrawal under multi-employer pension plan, and lawfulness and practicality of pre-sale collective bargaining; Advice and counsel to unionized employers regarding strategies to follow concerning soft or hard pension freeze, retiree health insurance, and bargaining and contractual duties concerning same; Labor law member of Haynes and Boone Bankruptcy Litigation Team involved in multi-billion dollar contested bankruptcy plan confirmation hearing resulting in rejection of union objections and confirmation of plan after extended contested confirmation hearing; Advice and counsel to debtors, and holders of debt or equity on labor and employment issues in bankruptcy, compliance with Section 1113 and 1114 of the Bankruptcy Code, the negotiations of collective bargaining agreements, labor options and related litigation; Advice, counsel, and necessary drafting concerning shutdown and curtailment of operations, transfer of work, WARN compliance, contracting out and labor issues attendant to the acquisition, sale and reorganization of business enterprises; and regarding asset purchase, stock purchase and merger agreements; 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, IAM, USW, Teamsters, and Operating Engineers Union; 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; 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 Department of Labor procedures concerning alleged retaliation against health, safety, and environmental whistleblowers; Defense litigation in United States District Court for the Northern and Western Districts of Texas involving wage-hour, ADA, Title VII, WARN, racial harassment and defamation claims; Advice and necessary drafting of employment contracts for highly compensated executives. |
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Documents by this lawyer on Martindale.com | |
NLRB Roundup Part 3: New Election Rules, Class Action Waivers and (Maybe?) Recess AppointmentsArthur T. Carter,A. John Harper,Lawrence Morales,Dean J. Schaner,Alex Stevens,Jonathan C. Wilson, February 3, 2012 The National Labor Relations Board has had a busy few weeks. First, over the dissent of its sole Republican Member, Brian Hayes, it issued a final rule implementing new procedures for union elections. Second, it issued a decision in D.R. Horton, 357 NLRB No. 184 (January 3, 2012), a...
Update: NLRB Delays Notice Posting Rule’s Effective DateArthur T. Carter,Arrissa Meyer,Lawrence Morales,Dean J. Schaner,Alex Stevens,Jonathan C. Wilson, December 29, 2011 On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012. As discussed in our NLRB Roundup Part 2, this rule requires physical posting of...
NLRB Roundup Part 2: Board’s Aggressive Agenda Unabated: Required Notice, Rulemaking, Social Media, and the Boeing CaseArthur T. Carter,Arrissa Meyer,Lawrence Morales,Dean J. Schaner,Alex Stevens,Jonathan C. Wilson, December 9, 2011 As promised, Part 2 of our NLRB Roundup takes a step back from the case law summarized in Part 1 to address other issues surrounding the current Board and its effect on the labor law landscape, including: (i) proposed comprehensive rules altering election procedures; (ii) the NLRB’s final...
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