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Thomas H. Wilson
Thomas H. Wilson
Experience | Education | Recognition | Activities | Publications
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Biography
An accomplished labor and employment lawyer with 24 years of experience, Tom’s practice includes counseling clients on labor and employment issues in business transactions, traditional labor matters, international employment issues, employment litigation, and OSHA issues. Tom also advises clients on record retention programs. Tom is certified by the Texas Board of Legal Specialization in labor and employment law.
During the last two years, Tom has provided employment and labor advice on more than 100 transactions. Those matters, which include mergers, acquisitions, and joint ventures, involve employment issues in the U.S. and abroad. With his extensive international experience, Tom is sought after by clients outside the United States for advice on U.S. labor and employment laws, as well as by U.S. clients for his counsel on international employment matters in regions as diverse as South America, Europe, and the Far East.
Tom also advises employers on union relations and assists them on collective bargaining negotiations. His labor work has been under both the National Labor Relations Act and the Railway Labor Act. Tom’s labor clients include international airlines; oil, gas, and chemical companies; and hospitals and other healthcare employers.
Tom’s safety and health practice covers a range of industry types from food processing to oil and gas drilling to health care. He advises clients throughout the country in this area and has litigated significant cases before the Occupational Safety and Health Commission. As a litigator, Tom has represented clients at all levels of the judicial system, including the United States Supreme Court. He is the author of the best selling Thompson Publishing guide on safety and health for the healthcare industry.
Tom assists clients in the drafting and implementation of record retention programs. In doing so, Tom helps clients balance the goals of the maintenance of vital company records and the avoidance of significant cost in responding to discovery in litigation.
Tom is V&E's Labor and Employment Practice Group Leader.
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Representative Experience
Safety and Health-Related Practice
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- During the past three years, represented large clients in the petrochemical industry on OSHA issues throughout the United States following catastrophic explosions at the clients' plants; currently handling litigation that contests OSHA citations, assisting clients with compliance with a settlement agreement, and advising clients concerning ongoing OSHA investigations
- Recently tried several OSHA cases for a large meat packing client; obtained OSHA's withdrawal of all citations before trial following a near fatal stabbing accident, obtained dismissal after trial of fall protection and personal protection equipment citations and citations concerning availability of bathrooms; defended the client in citations issued in Colorado, Minnesota, and California; the issues in these cases range from machine guarding to lockout requirements
- Obtained dismissal after trial of citations related to fatal crane collapses and falls onboard offshore oil rigs
International Labor Law
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- Assisted several non-U.S. clients in the start of their operations in the United States; the clients originated from countries such as Peru, Denmark, the Netherlands, and Mexico; the industries involved included offshore drilling, pipelines, food, and shipping
- Represented within the past two years clients headquartered in the United States which were either opening or closing operations in South America, Europe, the Middle East, including Israel and Iraq, and the Far East including China
- Co-author of a chapter on Norwegian labor and employment law for the ABA's International Labor Law Treatise
Business Transactions
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- Representing Houston-based Continental Airlines in its agreed merger with UAL Corp's United Airlines, in a deal estimated to be worth more than $3 billion
- Since January 1, 2007, provided employment and labor advice to clients on more than 100 transactions; these transactions were in numerous different industries including pipelines, alternative energy, health care, and oil and gas exploration
- In two transactions, advised the client on the proper handling and organization of employment and labor matters in the context of a transaction that involved employees in 25 different countries with unions representing those employees in five different countries
Traditional Labor Law
- Spent a significant amount of his time recently advising clients, including a large hospital system, on the legal issues raised by potential corporate campaigns by unions
- Represented airlines, both domestic and international, on matters pertaining to contract negotiations and other labor issues under the Railroad Labor Act; represented airline clients in these matters before the Railroad Labor Commission, federal courts, and other government agencies including the IRS
- For clients with union represented employees who were either closing or mothballing plants, advised and represented these clients in labor negotiations, and in defense of charges of unfair labor practices, equal employment claims, and claims for benefits under ERISA
Public Access Litigation
- Defended a large cruise line against claims of denial of access by disabled passengers in cases in state and federal court; obtained the dismissal of the class certification petition in state court and eventually won summary judgment for the client in the state court litigation; in federal court, obtained grant of motion to dismiss; on appeal, the Court of Appeals chose an alternative reason for granting the motion to dismiss which was then appealed by the plaintiffs to the United States Supreme Court; the Supreme Court reversed the Court of Appeals but effectively greatly limited the claims in the case to exclude any structural changes to the client's ships.
Record Retention Programs
- Drafted and helped implement record retention programs for clients in the oil and gas, chemical, and construction industries
Prior results do not guarantee a similar outcome.
Education and Professional Background
- University of Tennessee, J.D. with high honors, 1985
- Drake University, B.A. Journalism cum laude, 1982
- Admitted to practice: Texas, 1985; United States Supreme Court; Fifth Circuit Court of Appeals; U.S. District Courts for the Eastern, Western, and Southern Districts of Texas
Professional Recognition
- The Best Lawyers in America® in labor and employment law, 2003 - 2006, 2008 - 2011
- Chambers USA: America's Leading Business Lawyers in labor and employment law, 2006 - 2011
- Recognized in Texas Super Lawyers, 2003 - 2004, 2006 - 2011
Activities and Affiliations
- Member: American Bar Association, Committees on International Labor and Employment Law and OSHA, Labor Relations Advisory Committee; American Health Lawyers Association; Interamerican Bar Association
- Elected to the National Executive Board of the U.S. Branch of the International Society for Labor and Social Security Law, 2009
Publications and Presentations
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Full Biography
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First City Tower
1001 Fannin Street
Suite 2500
Houston, TX 77002-6760
Tel +1.713.758.2042
Fax +1.713.615.5704
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