Diego Jesús Peña

Arbitrator

Mediator

Attorney

The Peña Arbitration and Mediation Group

“Since starting in 2018, I am a full-time impartial  Arbitrator, Mediator and Independent Hearing Examiner in labor and employment disputes.     

I provide resolution in public and private sectors throughout the United States and maintain an office in the Dallas/Fort Worth, Texas metroplex.”

-Diego J. Peña

Full Profile

  • University of Texas at Austin School of Law - J.D.

    University of Notre Dame - B.A.

    University of Texas at San Antonio - M.A. (History)

    Federal Mediation and Conciliation Service (FMCS), Labor Arbitrator

    National Association of Railroad Referees Training (NMB), Railroad Referee

    American Arbitration Association, Labor Arbitration & Employment Arbitration

    Texas Education Agency, Independent Hearing Examiner Training

    FINRA, Public Arbitrator

  • U.S. Supreme Court

    State of Texas

    U.S. Fifth Circuit Court of Appeals

    US District Court – Southern District of Texas

    US District Court - Western District of Texas

    US District Court – Northern District of Texas

    US District Court – Eastern District of Texas

  • Federal Mediation and Conciliation Service (FMCS), Labor Arbitrator

    National Association of Railroad Referees Training (NMB), Railroad Referee

    American Arbitration Association, Labor Arbitration & Employment Arbitration

    Texas Education Agency, Independent Hearing Examiner Training

    FINRA, Public Arbitrator

  • State Bar of Texas - Member Since: 1983

    Texas Bar Foundation - Member Since: 2005

    College of the State Bar of Texas, San Antonio Bar Association - Member Since: 1983

    Current Member and Former Director

    Dallas Bar Association - Member Since: 2009

    Tarrant County Bar Association - Member Since: 2018

    Northeast Tarrant County Bar Association - Member Since 2023

    Arlington Bar Association - Member Since: 2018


    St. Thomas More Society, Dallas Catholic Lawyers - Member Since: 2010 - Life Member

    St. Thomas More Society, Fort Worth - Member Since 2021

    American Inns of Court – William Sessions Inn, San Antonio Chapter - Former President

    American Inns of Court – Eldon B. Mahon Inn, Fort Worth Chapter (Master) - Member since 2023

    San Antonio Catholic Lawyers Guild - Former President

    San Antonio Young Lawyers Association - Former Vice President

    San Antonio Bar Foundation - Former Trustee

    Federal Bar Association, San Antonio Chapter - Former Director

  • Diego J. Peña currently serves as a full-time arbitrator and mediator. Since establishing the Peña Arbitration & Mediation Group in 2019, he has arbitrated and mediated labor, employment and commercial disputes in Texas, Colorado, Florida, Georgia, Indiana, Illinois, Indiana, Ohio, Oregon, Kansas, Maryland, Massachusetts, Missouri, Montana, New Mexico, Oklahoma, Tennessee, Virginia, Washington, and Washington, D.C.


    He began his legal career in San Antonio, Texas as a commercial and personal injury litigator. As an attorney for more than 39 years, Mr. Peña represented individuals, small to medium businesses and Fortune 500 corporations in state and federal courts. He litigated: consumer cases, contract disputes, personal injury & wrongful death cases, insurance claims, federal and state constitutional law claims, civil rights cases, labor & employment disputes, religious discrimination claims, retaliation cases, sexual harassment and hostile work environment matters, real estate disputes, water rights claims, environmental and banking disputes. He personally tried more than 50 cases to verdict/judgment and appeared in more than 20 appellate cases before state and federal appellate courts, including the Supreme Court of Texas, the U.S. Fifth Circuit Court of Appeals and the United States Supreme Court.



    In 1989, Mr. Peña joined the Southwestern Bell Telephone Company Legal Department, where he specialized in labor & employment matters. For approximately 30 years, Mr. Peña personally tried more than 85 labor arbitrations and supervised attorneys on hundreds of arbitrations. He also personally tried and managed attorneys on significant employment disputes, including discrimination, sexual harassment and compensation cases. In 30 years of working as a labor advocate, Mr. Peña earned an excellent reputation for integrity, professionalism and courtesy.


    After retiring from Southwestern Bell, Mr. Peña became a full-time labor & employment arbitrator.  He now arbitrates grievances under the National Labor Relations Act and under the Railway Labor Act (railroads and airlines).  He has also chaired arbitration panels for Randolph-Sheppard Act cases.  He also arbitrates employment law claims. 

Issues, Industries, Rosters and Panels

  • Absenteeism, Affirmative action, Age, Arbitrability, Bargaining unit work, Bonus fringe benefits, Conduct (off-duty/ personal), Cost-of-living pay, Demotion, Disability, Discipline (discharge), Discipline (non- discharge), Discrimination, Drug/alcohol offenses, Fact finding, Fringe benefits, Gender, Grievance mediation, Health/hospitalization, Hiring practices, Holiday pay, Holidays, Incentive pay, Insurance, Job classification & rates, Job performance, Job posting/bidding, Jurisdictional dispute, Layoffs/bumping/recall, Leave, Management rights, Merit pay, National origin, Official time, Overtime Pay, Past practices, Pension and welfare plans, Promotion, Race, Religion, Retirement, Safety/health conditions, Seniority, Severance pay, Sexual harassment, Strikes/lockouts/work stoppages/slowdowns, Subcontracting/contracting out, Tenure/reappointment, Unilateral, Union security, Vacation, Vacation pay, Violence or threats, Wages, Work Hours/Schedules/Assignments, Working conditions

  • Advertising, Agriculture, Airlines, Automotive, Bakery, Banking, Beverage, Brewery, Broadcasting, Building products, Cement, Chemicals, Clothing, Communications, Construction, Dairy, Distillery, Education, Electrical Equipment/Appliances, Electronics, Entertainment/arts, Feed & fertilizer, Food (manufacturing/processing/service), Foundry, Furniture, Glass/pottery, Grain mill, Health care, Hospital/nursing home, Hotels/motels/casinos/resorts, Iron, Lumber, Machinery, Maritime, Meat packing, Metal fabrication, Mining, Office workers/clerical, Organizations, Packaging, Paint & varnish, Petroleum/petrochemicals, Pharmaceuticals, Plastics, Plumbing, Police & fire, Printing & publishing, Prison guard, Public sector grievances, Public sector interest, Pulp & Paper, Railroads, Real Estate, Refrigeration/HVAC, Restaurants, Retail stores, Rubber/tire, Sports, Steel, Stone/Quarry, Symphony/Orchestra/Music, Textile, Tobacco, Transportation, Trucking & Storage, Utilities, Warehousing

Rosters and Panels

  • American Arbitration Association

  • Federal Mediation & Consilation Service

  • National Mediation Board

  • Texas Education Agency

    (Ch.21 Hearing Examiner)

  • The City of Houston/Police Officers Union as of 2019

  • The Southwest Airlines/TWU 555

  • Dallas Area Rapid Transit/Amalgamated Transit Union 1388

  • USDA/AFGE