James M. Gary

(501) 975-3140
Partner
(501) 975-3001 Fax
James.Gary@KutakRock.com

Mr. Gary’s practice focuses solely on employment litigation and traditional management-labor relations in behalf of employers across the nation. Mr. Gary is Chair of the firm’s National Management Labor Relations Group and Co-Chair of the firm’s National Employment Group.

He has served as strategic and lead counsel in labor and employment disputes in the federal and state courts and various administrative agencies, including those in Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Maryland, Michigan, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Wisconsin and Washington, D.C. He regularly advises companies with regard to issues arising under the National Labor Relations Act, including the use of coordinated or comprehensive campaigns by labor unions.

Before joining Kutak Rock, Mr. Gary was a partner in the Washington, D.C. and Austin, Texas offices of the international law firm of Akin Gump Strauss Hauer & Feld LLP.

  • Lead litigation counsel for companies in trials, mediations and arbitrations involving employment discrimination and wage/hour litigation, including class or collective actions and pattern and practice claims under Title VII, ADA, ADEA, FMLA, EPA, FLSA, NLRA, OSH Act, WARN and comparable state laws.
  • Serving as strategic and lead counsel to public and privately held companies in addressing all phases of labor union organizing, corporate campaigns and recognition efforts, including more than 100 union-sponsored organizing, corporate or industry wide recognition, voluntary recognition, neutrality or card check campaigns, including the litigation arising out of such union organizing activity.
  • Serving as chief labor negotiator or strategic advisor to management in collective bargaining negotiations, including representing a corporation that provides health care services to hospitals in what The Wall Street Journal characterized as "the nation's first labor union of emergency room physicians."
  • Serving as strategic and lead counsel to companies in National Labor Relations Act matters, including unfair labor practice proceedings, compliance proceedings, grievances, arbitrations, strikes, secondary boycotts and related management labor relations strategies.
  • Serving as counsel to corporations with respect to labor relations issues arising out of corporate transactions, including mergers and acquisitions, corporate downsizing and financial restructuring.
  • Representation of neutral and Railway Labor Act covered employers from interference with business operations relating to secondary picketing and boycotts.

Publications:

  • Editorial Review Board of the Texas Employment Advisor (Employer Resource Institute 1999-2006).
  • Contributor to the Employment Law Deskbook for Human Resource Professionals (Thompson-West Group).

Mr. Gary is a frequent writer and speaker, having authored or presented more than 50 papers on management labor relations or employment litigation subjects.

Presentations:

  • The All-Important Interplay between the ADA, FMLA and NLRA (2000)
  • Implied Employment Agreements under Texas Law (2001)
  • Labor & Employment Issues After 9/11 and Current War on Terrorism (2002)
  • Defusing the Wage & Hour Time Bomb (2003)
  • The New U.S. Department of Labor White Collar Overtime Exemption Regulations (2004)
  • Top Ten Legal Issues for Texas Employers (2005)
  • The Legal Requirements for Effective Collective Bargaining (2006)
  • The Changing Labor & Employment Landscape (2007)
  • Labor Unions: Healthcare’s Next Battleground (2008)
  • The Economic Crisis and the Obama Administration’s Impact on Labor & Employment Issues in the Business World (2009)
  • Organized Labor’s 2010 Agenda and the Construction Industry (2010)
  • Antitrust Legal Issues for the Human Resource Professionals (2011)
  • Managing for Success; Manager & Supervisors Role in Diversity & Inclusion (2013)
  • Labor & Employment Legal Compliance Training in 2013 (2013)
  • Human Resource Legal Compliance for Companies Supplying Contract Labor (2013)
  • A Guide to Identifying & Responding to Substance Abuse in the Workplace (2014)
  • Human Resources Legal Compliance in 2014 
  • Human Resource Legal Compliance (2015)
  • What Every Employer Needs to Know About Federal Wage & Hour Law Changes (2016)
  • Human Resource Legal Compliance (2016)
  • Continuing training for clients in all legal phases of equal employment opportunity compliance issues in the workplace
  • Continuing training for clients in effective “union avoidance” strategies
  • Continuing training for clients in the proper handling of labor arbitration and unfair labor practice proceeding cases

Cases of Interest:

  • Representation of a Fortune 500 U.S. wood products and chemical company spanning an eight-year period in a series of multi-state union-based organizing campaigns, including litigation and administrative proceedings arising out of such activity.
  • Representation of a multi-site resort and casino gaming concern over a five-year period in a series of company-wide union corporate campaigns.
  • National representation of an international aluminum manufacturer in the provision of strategic global management labor relations and collective bargaining planning and implementation.
  • Representation of a Fortune 500 U.S.-based railway and intermodal company is a series of NLRA- related secondary strikes, boycotts and related litigation.
  • Representation of a regional provider of physicians in collective bargaining and related strategic guidance.
  • Representation of a major U.S.-based private equity and venture capital firm in a series of labor relations issues arising out of various mergers, acquisitions and reorganizations.
  • Representation of a Fortune 500 U.S.-based energy company in connection with labor union avoidance strategies.
  • Representation of an East Coast regional grocery chain in various proceedings before the National Labor Relations Board.
  • Representation of a Canada-based energy company in a series of labor relations issues arising out of various mergers and acquisitions in the U.S.
  • Representation of a Fortune 500 U.S. food processor in a series of labor arbitrations.
  • Representation of an international chemical company in a series of class-based race discrimination litigation.
  • Representation of a national resort developer in various multi-party/multi-state race, gender, age and disability litigation.
  • Representation of a Fortune 500 U.S.-based cable, internet and communications provider in a series of class-based race and national origin discrimination litigation.
  • Representation of a national grocery chain in multi-state wage-hour collective actions.
  • Representation of national home improvement chain in a multi-state gender discrimination class action litigation.
  • Representation of a U.S.-based wood products company in class litigation arising under the WARN Act.
  • Representation of a major U.S.-based private equity and venture capital firm in management-labor relations and related strategies.
  • Representation of a national housing developer in a series of cases filed by the U.S. Department of Labor under the Davis Bacon Act.
  • Representation of health care network in connection with claims before the National Labor Relations Board.
  • Representation of a national Chapter 11 construction contractor in connection with multi-state labor relations, collective bargaining agreement, and WARN Act issues arising under the United States Bankruptcy Code.
  • Representation of a University in all phases of equal employment opportunity compliance and related administrative proceedings and litigation, including ERISA class claims.
  • Representation of one of the top-20 largest U.S. Cities in various aspects employment litigation and counseling.
  • Representation of a regional rehabilitation health care provider in all aspects of equal employment opportunity compliance, labor union management issues, and litigation arising out of same.
  • Representation of multi-national data utilization concern in all aspects of labor & employment matters, including class and individual claims.
  • Representation of a Fortune 500 food processor in disability discrimination in litigation involving a company-wide practice.
  • Representation of a regional rehabilitation health care provider in defense of FLSA and state wage/hour class collective action claims.
  • Representation of a major U.S.-based private equity and venture capital firm in a series of portfolio-company cases involving race, gender and disability discrimination.
  • Representation of regional restaurant chain in connection with claims arising under the FLSA to include USDOL Solicitor actions.
  • Representation of national telecommunications provider in multi-plaintiff discrimination claims.
  • Representation on national retailer in connection with claims under the National Labor Relations Act to include secondary and neutral actions.