John A. Ferguson, Jr. is a partner with Schmoyer Reinhard LLP. Prior to joining the firm, Mr. Ferguson was a counsel with the international law firm of Bracewell & Giuliani LLP in the San Antonio office.
Mr. Ferguson’s practice concentrates on all aspects of labor and employment law, including traditional labor relations, litigation, arbitration and counseling. He represents employers in:
- Collective bargaining agreements and negotiations
- Labor arbitrations
- Union representation elections
- Proceedings before the NLRB, EEOC and DOL
- Defense of Fair Labor Standards Act collective actions
- Wage and hour, and Family and Medical Leave Act matters
- Title VII and state law employment discrimination litigation, including state law workers’ compensation retaliatory discharge actions
- Service Contract Act compliance issues for federal government contractors
- Advising management on personnel decisions, policies, and employee handbooks
- Defense and prosecution of LMRA Section 301 actions in federal courts for enforcement of collective bargaining agreements, including to enforce and vacate arbitration awards
- Conducting training programs for managers and supervisors
Mr. Ferguson has over 30 years of experience in traditional labor relations law, especially the National Labor Relations Act. He has tried numerous unfair labor practice complaints to decision before the NLRB, and has represented employers in the appeal of those decisions in federal courts of appeals. He has guided employers through all aspects of the NLRB’s union representation election process. He has also arbitrated to award numerous union grievances before labor arbitrators for private as well as public sector employers and has served as lead negotiator for employers in the negotiation and renegotiation of collective bargaining agreements.
He served as a trial attorney with the National Labor Relations Board’s Houston Resident Office (1981-1986). He also served as a briefing attorney for the Honorable Carlos Cadena, Chief Justice of the Fourth District Court of Appeals for the State of Texas.