Mark Carter is a Labor Partner with a national practice. Mark advises clients on all aspects of traditional labor and employment law focused upon managing corporate campaigns, litigation and collective bargaining negotiations. He has extensive experience in litigating before the federal trial and appellate courts, the National Labor Relations Board, arbitrations, and in collective bargaining. Mark has also litigated numerous damage actions involving strike misconduct under the RICO Act and other federal labor laws in Alaska, Alabama, California, Florida, Georgia, Idaho, Illinois, Indiana, Louisiana, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Washington, Washington D.C., and other states. Mark has testified before the United States Congress on federal labor law issues and appeared on Fox News and C-Span. He has spoken at more than ten annual meetings of the American Bar Association, the United States Chamber of Commerce, the initial meeting of the Canadian Association of Counsel to Employers and numerous national legal and business conferences. Mark has published numerous articles and portions of books regarding labor law and litigation.
Memberships & Affiliations
· Former Member, Federal Service Impasses Panel (2002 - 2009)
· Fellow, College of Labor and Employment Lawyers (2006 - Present)
· American Bar Association;Section of Labor and Employment Law, Past Management Chair of the Annual Meeting Subcommittee; Past Management Chair of the Antitrust, RICO and Labor Law Committee; Past Management Committee Chair, Labor and Employment Law Section of the Young Lawyers' Division
· West Virginia Bar Association
· Board of Advisors, Civil RICO Report
· Republican National Lawyers Association
Distinctions
· Named "Lawyer of the Year" in Charleston for Employment Law-Management by The Best Lawyers in America®, 2012
· Selected as a Top Ten lawyer by West Virginia Super Lawyers® since 2007
· Listed as a Tier 1 Labor and Employment Lawyer in Chambers USA Guide to America's Leading Business Lawyers
· Listed in The Best Lawyers in America®
Experience
Rum Creek Coal Sales, Inc. v. Caperton
Rum Creek Coal Sales, Inc.
Decision holding state refusal to enforce criminal laws against striker crimes in a labor dispute a deprivation of the employer's federal constitutional rights
Progressive Minerals, Inc. v. Muhammad Haroon Rashid, et al., Civ. Action No. 5:07 CV 108 (United States Northern District of West Virginia March 25, 2010)
Progressive Minerals, Inc.
$5.38 million verdict in tort action arising out of defendants' alleged defrauding of client in mineral transaction
Stafford v. Rocky Hollow Coal Corp., 198 WV 593 (1996)
Rocky Hollow Coal Corp.
Wrongful discharge litigation
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 993 F.Supp. 1052 (E.D. MI 1998)
Detroit Newspapers Agency
RICO action arising out of alleged Union violence
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 956 F.Supp. 753 (E.D. MI 1987)
Detroit Newspapers Agency
RICO action arising out of alleged Union violence
New Beckley Mining Corp. v. UMWA, 946 F.2d 1072 (4th Cir. 1991)
New Beckley Mining Corp.
RICO action arising out of alleged Union violence
Coca-Cola Bottling Co. Consolidated v. Teamsters Local 991, 212 Fed.Appx. 864, 2006 WL 3780661 (C.A. 11 (Ala.) 181 LRRM (BNA) 3024
Coca-Cola Bottling Co. Consolidated
Vacation of arbitration award
BE&K construction v. NLRB, 122 S.Ct. 2390 (2002)
BE&K Construction
RICO action arising out of alleged Union fraud and extortion
IBEW Local 1547 v. NLRB
Matanuska Electric Association of Palmer, Alaska
NLRB litigation dealing with bylaw prohibiting Union family members from being placed on corporate board
New Beckley Mining Corp. v. UMWA, 18 F.3d 1161 (4th Cir. 1991)
New Beckley Mining Corp.
RICO action arising out of alleged Union violence
MHC, Inc. v. UMWA, 685 F.Supp. 1370 (E.D. KY 1988)
MHC, Inc.
RICO case brought as a result of UMWA violence
Publications
May 15, 2012, Court Invalidates Ambush Election Regulation
April 17, 2012, Federal Court Enjoins NLRB Posting Requirement
January 9, 2011, Labor Board Serves Unions, Not Workers
December 21, 2011, NLRB Finalizes "Ambush Election" Regulation
October 7, 2011, NLRB Delays Employee Rights Mandatory Posting
September 8, 2011, NLRB Permits Micro-Units In Specialty Healthcare Decision
August 25, 2011, NLRB Rule Requiring Employers to Post Union Rights Released
August 19, 2011, NLRB Grants Use of Company Email for Union Purposes
August 9, 2011, NLRB in Battle Against S.C. Boeing Workers
August 3, 2011, Employee Free Choice Act Becoming Law
May 13, 2011, Why The Foreign Corrupt Practices Act is Hurting Our Businesses and Needs to be Reformed
December 29, 2010, All Employers May be Required to Post NLRB Notice of Union Organizing Rights
January 13, 2010, "Unions: Management Attorneys Say Unions Increasingly Using Corporate Campaigns," Panelist at discussion hosted by the U.S. Chamber of Commerce in Washington, D.C.
December 12, 2008, Secret Workplace Ballot Deserves Preservation
October 4, 2007, NLRB Modifies Card Check Procedures: Employees Have Section 7 Rights To Secret Ballot Elections If Employees Petition Within 45 Days After Being Notified Of Union Recognition Based On Card Checks
October 1, 2007, The Criminal Element of Neutrality Agreements
March 3, 2007, The Employee Free Choice Act
December 1, 2006, Organizing Assistance and The Peppercorn: Can Neutrality Agreements and Card-Check Agreements Violate Section 301 of the LMRA?, Program Paper, ABA Section of Labor and Employment Law, Committee on the Development of the NLRA (Winter 2007)
January 1, 2006, Reducing Labor Litigation Exposure - Martindale-Hubbell, Counsel-to-Counsel, January, 2006
December 7, 2005, What Does 'Meet, Consult' Mean to Taxpayers?
August 1, 2005, The Expansion of Civil RICO to the Importation of Illegal Aliens: Federal Affirmation of Employees' Class Actions
August 1, 2004, The Clean Slate Club: A Roadmap To The Resolution of Labor Disputes
August 1, 2002, Gauging Merit Under the First Amendment: BE&K v. NLRB
August 1, 2002, Unanimous U.S. Supreme Court Restores Access of Employers to the Courts
June 12, 2001, Meetings with No Agenda - Definitely! (Reprinted from Incentives & Meetings International / International Edition June 2006)
Reprinted from Incentives & Meetings International / International Edition June 2006
January 1, 2000, RICO Survives Ninth Circuit Assault
June 2, 1999, Civil RICO and the Corporate Campaign
January 1, 1998, Legal Remedies Arising out of Corporate Campaigns in the Agricultural Industry
August 9, 1994, Anatomy of a RICO Case
October 1, 1992, Coal Industry Seminar
Presentations
August 1, 2004, NLRB General Counsel Expands Definition of Coercion in Secondary Boycott Action and Defines BE and K