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John A. Ferguson Jr.
John A. Ferguson Jr. advises employers on all aspects of traditional labor and employment law, and has developed a specific litigation capability in defending employers before state and federal courts, state and federal administrative agencies, in hearings, arbitrations and collective bargaining. Client representation includes issues of workers’ compensation retaliation, the National Labor Relations Act (NLRA), Texas Labor Code, Americans With Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), and Family Medical Leave Act (FMLA). Mr. Ferguson also counsels clients on wrongful discharge, occupational safety and health, employee benefits disputes, ERISA, union-management relations, wage and hour matters, and all other issues that concern the employment relationship.
Mr. Ferguson is a former trial attorney with the National Labor Relations Board (NLRB) and served as a briefing attorney with the Texas Court of Appeals in San Antonio.
Pierce v. Iowa-Missouri Conference of Seventh-Day Adventists, 534 N.E. 2d 425; Iowa 1995, cert denied. Obtained summary judgment for Seventh-Day Adventist Church on important First Amendment issue involving the employment of clergy. The Iowa Supreme Court affirmed in a published opinion, and the United States Supreme denied the plaintiff’s request to hear the case.
Hospital Bella Vista Yauco, Inc. d/b/a Hospital Bella Vista Del Suroeste and Unidad Laboral De Enfermeras; NLRB Region 24, Puerto Rico. NLRB Hearing Officer overruled union’s challenges to determinative ballots, after a hearing.
Dolores Ford v. Yoakum Community Hospital; In the United States District Court for the Southern District of Texas, Victoria Division. Obtained summary judgment for hospital employer in age discrimination case.
Vicci A. Austin and Ruben Rivera v. William Brown and United Parcel Service Inc.; In the United States District Court for the Western District of Texas, Del Rio Division. Obtained summary judgment for employer in case alleging intentional infliction of emotional distress.
Luis Alvarado v. United Parcel Service, Inc.; In the United States District Court for the Southern District of Texas, Corpus Christi Division. Obtained summary judgment for employer in defamation case.
Manuel Olivo v. United Parcel Service; In the United States District Court for the Southern District of Texas; Corpus Christi Division. Obtained summary judgment for employer in ADA case.
Earnest T. Peel, Sr. v. United Parcel Service, Inc.; In the United States District Court for the Western District of Texas, San Antonio Division. Obtained summary judgment for employer in Title VII race discrimination case.
Startran, Inc. and Teamsters Local 1110; Before Region 16 of the NLRB. Obtained dismissal of union’s petition after a hearing on scope of appropriate bargaining unit.
San Antonio Control Systems, Inc. and IBEW Local 60; 290 NLRB No. 87, 1988. Obtained dismissal of unfair labor practice complaint against employer after trial before NLRB administrative law judge.
Robert Cotton v. Fleming Foods of Texas, Inc.; In the 56th Judicial District Court of Galveston County, Texas. Obtained summary judgment for employer in workers' compensation retaliation case.
Powell Electrical Manufacturing Co., 287 NLRB 969, 1987, aff’d, 906 F.2d 107; 5th Cir. 1990. Successfully prosecuted unfair labor practice complaint, alleging Section 8(a)(5) and (1) violations in connection with an economic strike which was converted to an unfair labor practice strike, before NLRB administrative law judge while serving as trial attorney with NLRB.
Publications and Speeches
Co-author, "Wrongful Discharge Under Worker's Compensation Act," The Subpoena, San Antonio Bar Association, San Antonio, Texas, August 1989.
"Employment Law for Lawyers and Human Resource Professionals," The University of Houston Law Center's Course, 1999.
Laredo Association for Human Resource Management Employment Relations Seminar, 1999.
The University of Texas Fifth Annual Conference on Labor and Employment Law, 1998.
"Managing a Work Force in 1998," Texas Labor Letter Program, 1998.
17th Annual Advanced Civil Trial Law Seminar, State Bar of Texas, 1994.
J.D., Texas Tech University School of Law, 1980
B.A., Duke University, 1976
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas
Board Certified, Labor and Employment Law - Texas Board of Legal Specialization
San Antonio Bar Association
State Bar of Texas, Labor and Employment Law Section
Texas Super Lawyers, 2003, 2004
Best Lawyers in America, 2008-2010