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Stuart B. Johnston Jr.

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Johnston, Stuart B.

Biography
Stuart has been practicing labor and employment law for more than 25 years. During this time, he has devoted his practice to representing management in a wide range of labor and employment law issues in litigation, business transactions, and traditional labor disputes. Stuart has been certified by the Texas Board of Legal Specialization in both labor and employment law since 1988.

Stuart has defended employers in employee-initiated litigation based on a wide variety of statutory and common law claims, including discrimination (based on race, age, sex, national origin, religion, and disability), retaliation, whistle-blowing, wrongful discharge, and benefits disputes, as well as restrictive covenant (non-compete) litigation and wage and hour (overtime) disputes. He represents employers in state and federal court, as well as before several administrative and enforcement agencies, including the Equal Employment Opportunity Commission, National Labor Relations Board, Texas Workforce Commission, and Department of Labor. He has extensive experience in representing government contractors and subcontractors in connection with federal government audits and claims, matters which are on the rise under the current Administration.

Since the 1980s, Stuart has provided labor and employment advice on countless corporate transactions including mergers and acquisitions, and asset purchases and sales, as well as related matters such as executive employment contracts, reductions in workforce, and change of control and retention agreements. Also, in recent years, Stuart has advised employers in connection with their obligations under U.S. immigration laws, an area of immense concern to U.S. employers.

In the traditional labor area, Stuart assists employers in such union-related matters as unfair labor practice charges, labor arbitrations, and negotiating collective-bargaining agreements. Over the years, Stuart’s clients on these matters have included oil, gas and chemical companies, food processors, healthcare institutions, and construction companies, to name a few.

Overall, Stuart has represented employers in a wide variety of industries, including financial, petrochemical, retail, media/entertainment, communications, computer software, health care, real estate, the arts, manufacturing, food packaging and services, and insurance.


Representative Experience
Litigation
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  • As lead trial counsel, obtained favorable judgments for employers following trial in numerous lawsuits alleging sexual harassment, retaliation, discrimination, and wrongful discharge
  • Obtained dismissal by summary judgment of numerous lawsuits against employers alleging employment discrimination, wrongful discharge, tortious misconduct, and denial of employee benefits
  • Represented major oil refining company in connection with a class action employment discrimination lawsuit (settled on terms very favorable to the company)
Governmental Matters
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  • Obtained favorable results for many national and regional corporations, primarily those engaged in the oil and gas business, in a variety of labor disputes including unfair labor practice complaints and election petitions filed with the National Labor Relations Board
  • Obtained countless no cause findings for employers in connection with discrimination charges investigated by the Equal Employment Opportunity Commission and similar state agencies
  • Obtained reversal of a determination by the Occupational Safety & Health Administration that an employer had retaliated against two former employees who had allegedly complained about safety concerns
Business Transactions
  • Over the past three years alone, used his experience in labor and employment law to help negotiate dozens of transactions in a wide range of industries including energy, food processing, health care, and construction
  • Advised clients in the transfer of employees from one entity to another, as well as issues relating to successor obligations under the National Labor Relations Act
  • Advised clients in an assessment of the risk in utilizing a predecessor’s workforce under U.S. immigration laws
Traditional Labor Law
  • For clients with union represented employees, advised and represented these clients in labor negotiations, defended these clients against unfair labor practice, and arbitrated hundreds of union grievances
Negotiations
  • Negotiated multi-million dollar settlement on behalf of and in favor of a retirement fund seeking to recover unpaid contributions on behalf of municipal employees
  • Negotiated numerous executive employment agreements and severance arrangements
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • The University of Texas School of Law, J.D., 1982
  • The University of Texas at Austin, B.A., 1978 (Phi Beta Kappa; Phi Kappa Phi; Phi Eta Sigma)
  • Admitted to practice: Texas, 1982; United States Supreme Court; U.S. Court of Appeals for the Fifth Circuit; all federal and state courts in Texas
Professional Recognition
  • “Texas Super Lawyers,” Texas Monthly, 2004, 2007 - 2009
  • The Best Lawyers in America®  in labor and employment law, 2005 - 2010
Activities and Affiliations
  • Member: Labor Sections, American Bar Association, Texas Bar Association, Dallas Bar Association
Publications and Presentations

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Stuart B. Johnston Jr.
Partner
Trammell Crow Center
2001 Ross Avenue
Suite 3700
Dallas, TX 75201-2975

Tel  +1.214.220.7842
Fax  +1.214.999.7842
sjohnston@velaw.com

Industries/Practices
Labor and Employment