Kim F. Ebert

Shareholder Indianapolis

For over forty years, Mr. Ebert has defended the interests of employers in the full range of labor and employment matters.  He has played a significant role in working with clients to develop a national strategy for labor and employment, and also regularly has assisted in due diligence in acquisitions and divestitures.

As a labor lawyer, Mr. Ebert has negotiated over 100 collective bargaining agreements, including agreements related to facility closings and work transfers.  He has played a key role in strike planning and related state court injunction litigation.  Mr. Ebert has also handled more than 200 arbitrations. He has successfully helped employers develop positive employment practices and resist union organizing by all of the major labor organizations in the United States.

As a litigator, Mr. Ebert has served as lead counsel both at the trial and appellate level in class, collective and multi-plaintiff actions, as well as the full range of individual suits under federal and state law.

A past member of the American Bar Association’s Standing Committee on Continuing Education of the Bar, Mr. Ebert is a frequent writer, speaker and seminar chair at regional and national conferences on labor and employment subjects for attorneys and human resource professionals.


Mr. Ebert has had the opportunity to represent employers across the country in diverse industries in a wide range of substantive areas.  By way of example, Mr. Ebert has

  • Successfully defeated the hybrid 301 claims of 93 plaintiffs in the Sixth Circuit Court of Appeals seeking Tier One wages under agreements between General Motors and the United Auto Workers. Young v. UAW and General Motors, - -  Fed. Appx. - -  2017 WL 1363888 (6th Cir. 2017)
  • Served as lead counsel in Arbuckle v. General Motors LLC, 499 Mich. 521 (2016), in which the Michigan Supreme Court held that state law was preempted and that retirees receiving disability pension benefits did not have a vested right to avoid coordination with worker's compensation benefits
  • Recovered approximately $1,000,000 for a client from a Teamster pension fund in a sophisticated ERISA withdrawal liability dispute arising out of a strike and decertification
  • Successfully bargained with the United Auto Workers the decision and effects of a plant closing that impacted a unit of over 1000 workers
  • Coordinated the strike planning for a national client with facilities in 9 states related to the renegotiation of a national agreement with the Steelworkers Union
  • Successfully defended the first ADA reasonable accommodation case to reach the Seventh Circuit Court of Appeals
  • Successfully persuaded the National Labor Relations Board to reverse the unit determination of a Regional Director in a precedent-setting case involving a health care system with multiple hospitals
  • Established precedent favorable to employers under the Indiana wage payment statutes in a suit to collect bonuses decided by the Indiana Supreme Court
  • Obtained an order from the Sixth Circuit Court of Appeals which vacated an arbitration award that would have required a closed foundry to reopen and rehire its previous Teamster-represented workforce
  • Achieved a defense verdict in a jury trial under the Age Discrimination in Employment Act where the decision maker hand wrote the ages of candidates on their employment applications

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Standing Committee on Continuing Education of the bar, 1997-2000; Section of Tort and Insurance Practice, Chair, Communication Coordinating Group, Past Chair-Elect, Employer-Employee Relations Committee, past Chair, National Programs, past Chair, CLE Board; Member, Litigation and Labor and Employment Law Sections)
  • Indiana State Bar Association (Council Member, Labor Law Section; Labor Law Section, Chair 1988)


  • Ogletree Deakins Seminar - ''Legal Update: Eye on Employment Law'' - Indianapolis - October 05, 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Government Contractors Take Note - OFCCP Update'' - Miami - May 07, 2009
  • Indiana Manufacturers Association - ''It's a Brave New World Program: Union Organizing 2009'' - Indianapolis - April 22, 2009
  • Ogletree Deakins Seminar - ''Free Choice Act My Foot! Anticipated Labor Legislation and What It Means to Your Company'' - Indianapolis - April 01, 2009
  • Ogletree Deakins and Ogletree Governmental Affairs, Inc. Seminar - ''21st Century Reforms for the National Labor Relations Act: Striking a New Equilibrium Through Legislation, Regulation and Board Cases'' - Washington, D.C. - February 26, 2009
  • Ogletree Deakins Seminar - ''Legal Update: Eye on Employment Law'' - Indianapolis - October 15, 2008
  • Ogletree Deakins Seminar - ''Legal Update: Eye on Employment Law'' - Indianapolis - October 16, 2007
  • Ogletree Deakins Seminar - ''Legal Update: Eye on Employment Law'' - Indianapolis - October 04, 2006
  • Ogletree Deakins Workplace Strategies Seminar - ''Collective Bargaining During Competitive Times'' - Atlanta - May 2006
  • Ogletree Deakins Workplace Strategies Seminar - ''Winning Arbitration Strategies'' - San Antonio - May 2005
  • Ogletree Deakins Workplace Strategies Seminar - ''Positive Management of Union Contracts'' - Atlanta - May 2004
  • Indiana Chamber of Commerce - ''Overview of the Americans with Disabilities Act'' - Indianapolis - May 05, 2003
  • Ogletree Deakins Workplace Strategies Seminar - ''Positive Management of Union Contracts - A Guide for Employers'' - Chicago - May 2003
  • Indianapolis Business Journal - ''2003 Employment Practices Seminar for Managers'' - Indianapolis - May 2003 - May 2030
  • Indiana University School of Law/NLRB Region 25, 24th Annual Labor and Employment Seminar - ''Requests for Information and the NLRA'' - Indianapolis - March 06, 2003
  • Ogletree Deakins Workplace Strategies Seminar - ''It Ain't Over 'Til It's Over-AFL-CIO Strategies to Increase Organizing'' - Atlanta - May 2002
  • Indiana Manufacturers Association - ''Welcome to Your Management Rights'' - Indianapolis - March 10, 2002
  • Indiana Chamber of Commerce - ''ADA/FMLA Seminar'' - Indianapolis - May 17, 2001
  • Ogletree Deakins Seminar - ''Complying with OFCCP's New Regulations on Affirmative Action Plans'' - Indianapolis - February 20, 2001
  • Indiana Chamber of Commerce - ''ADA/FMLA-Who's on First . . .What's on Second'' - Indianapolis - September 14, 2000

Our Insights


Media Quotes

August 22, 2018 - Indiana Lawyer - "Retaliation, discrimination, wage claims keep pace with hot economy"