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    John Duke photograph

    John E. Duke

    Counsel

    Austin
    737-220-8750
    john.duke@phelps.com
    Areas Of Focus
    Labor RelationsLabor and EmploymentLitigation

    John Duke helps employers of all sizes across the spectrum of industries in the full panoply of labor and employment matters, with a particular emphasis in helping employers navigate complex labor relations issues and resolve challenging union problems. He is board-certified in labor and employment law by the Texas Board of Legal Specialization. He brings deep experience managing union campaigns, labor litigation and collective bargaining efforts to find practical, creative solutions that protect employers’ interests.

    John works with employers to build effective labor relations strategies. When employees engage in protected concerted activity or employers face bargaining and contract issues, John structures lawful responses, assesses contract costs and develops negotiation plans. He provides strategic options to handle:

    • Compliance issues including permissible policies, practices and work rules
    • Union solicitation, organizer and employee access, and employee communications
    • Union election petitions, bargaining unit accretion and clarification petitions, and decertification petitions and elections
    • Transfer and outsourcing of bargaining unit work, reductions in force and consolidations, including effects bargaining
    • Strike and lockout negotiations, replacement recruiting and contingency planning

    Employers in a range of industries turn to John to lead trial teams on labor law issues before the National Labor Relations Board and in state and federal courts. He leverages two decades of experience trying cases to defend companies against claims of unfair labor practices, discrimination and unlawful discharge, and contract arbitrations involving discipline, discharge and interpretation. His in-depth knowledge of major U.S. unions and labor litigation forums helps him best position clients to address their needs.

    John’s firm grasp on labor market issues benefits clients involved in shutdowns, curtailments and transfers of work. He advises on optimal business structures, successor liability, and labor provisions for asset and stock purchase agreements. He also guides employers through day-to-day compliance with federal and state laws and difficult employment issues under the National Labor Relations Act.

    Employers in a range of industries turn to John to lead trial teams on labor law issues before the National Labor Relations Board and in state and federal courts. He leverages two decades of experience trying cases to defend companies against claims of unfair labor practices, discrimination and unlawful discharge, and contract arbitrations involving discipline, discharge and interpretation. His in-depth knowledge of major U.S. unions and labor litigation forums helps him best position clients to address their needs.

    John’s firm grasp on labor market issues benefits clients involved in shutdowns, curtailments and transfers of work. He advises on optimal business structures, successor liability, and labor provisions for asset and stock purchase agreements. He also guides employers through day-to-day compliance with federal and state laws and difficult employment issues under the National Labor Relations Act.

    Experience

    • Managed labor matters, acquisitions and restructuring following a national media firm’s spinoff from a large telecommunications company.
    • Obtained injunctions in state and federal courts against unions to restrain unlawful conduct during a strike on behalf of multiple employers.
    • Obtained the overturning of the results of a union election from the National Labor Relations Board based on the supervisory status of the unions’ primary advocates.
    • Negotiated collective bargaining agreements on behalf of employers in the telecommunications, hospitality, entertainment, construction, healthcare, and environmental maintenance industries.
    • Secured dismissal of state and federal law wage and hour claims against a hospital network by its unionized nurses as preempted/precluded by federal labor law.
    • Obtained dismissal of state law invasion of privacy claims against employer as preempted by federal labor law.
    • Enforced an international non-compete/non-solicitation agreement between employer and former managing director.
    • Secured an injunction for employer to restrain four employees from working for a competitor and soliciting their former employer’s employees in violation of restrictive covenants after the employees raided the employer’s workforce.
    • Represented employers in multiple putative class and collective actions including claims under the Fair Labor Standards Act, claims under state wage and hour law, alleged violations of the Family and Medical Leave Act, and claims under the Massachusetts independent contractor law.
    • Secured an injunction for employer to restrain four employees from working for a competitor and soliciting their former employer’s employees in violation of restrictive covenants after the employees raided the employer’s workforce.
    • Represented employers in multiple putative class and collective actions including claims under the Fair Labor Standards Act, claims under state wage and hour law, alleged violations of the Family and Medical Leave Act, and claims under the Massachusetts independent contractor law.

    Insights

    • May 13, 2025

      President Trump’s First 100 Days: What Has Been Done in Labor and Employment…

    • May 1, 2025

      What Has Been Done in Labor and Employment During President Trump’s First 100 Days?…

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    • March 21, 2025

      Employers Get New Guidance on When DEI Programs Comply With Federal Law…

    • August 5, 2024

      Phelps Adds John Duke to Guide Employers Through Complex Labor Relations…

    Recognition

    • Board Certified, Labor and Employment - Texas Board of Legal Specialization
    • Massachusetts Super Lawyers Rising Stars list (2013), Super Lawyers
    • Eagle Scout Award, Boy Scouts of America
    • Board Certified, Labor and Employment - Texas Board of Legal Specialization
    • Massachusetts Super Lawyers Rising Stars list (2013), Super Lawyers
    • Eagle Scout Award, Boy Scouts of America

    Education

    • University of Oxford, New College, B.C.L., 2005
    • Boston University School of Law, J.D., cum laude, 2003
    • Boston University School for the Arts, B.Mus., Brass Performance, summa cum laude, 1996
    • University of Oxford, New College, B.C.L., 2005
    • Boston University School of Law, J.D., cum laude, 2003
    • Boston University School for the Arts, B.Mus., Brass Performance, summa cum laude, 1996

    Credentials

    • Texas
    • Massachusetts
    • U.S. Court of Appeals for the First Circuit
    • U.S. District Court, Eastern District of Texas
    • U.S. District Court, Northern District of Texas
    • U.S. District Court, Western District of Texas
    • U. S. District Court, District of Massachusetts
    • Texas
    • Massachusetts
    • U.S. Court of Appeals for the First Circuit
    • U.S. District Court, Eastern District of Texas
    • U.S. District Court, Northern District of Texas
    • U.S. District Court, Western District of Texas
    • U. S. District Court, District of Massachusetts

    Memberships and Affiliations

    • Texas Bar College
    • Texas Bar College
    • Overview
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    Related Services

    • Labor Relations
    • Labor and Employment
    • Litigation
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