Matthew J. Kelley

Shareholder | Indianapolis

Matthew (Matt) Kelley received his J.D. from the Indiana University-Bloomington School of Law in 2008. While attending Indiana University-Bloomington Matt served as the Executive Notes Editor of the Indiana Journal of Global Legal Studies and competed in the Phillip C. Jessup International Law Moot Court Competition.

Originally from Kingston, Pennsylvania, Matt earned an undergraduate degree from Towson University, while garnering academic all-conference honors as a collegiate golfer. Matt also holds a master’s degree in Russian Studies from Indiana University-Bloomington. Matt spends his spare time spoiling his two children, reading, riding motorcycles and playing in competitive golf tournaments across Indiana.

Matt currently handles a wide-array of employment and labor law issues, while specializing in the area of traditional labor law, working with employers on a variety of traditional labor issues.

More About Matthew J. Kelley

Experience

Matt has spent more than a decade developing a traditional labor practice, assisting both large and small employers (private and public sector). Matt has served as lead negotiator for more than two dozen collective bargaining agreements, both in first contract and in successor contract situations. He has significant experience as lead counsel, assisting employers with union organizing campaigns in the entertainment, health care, manufacturing, service, warehouse/distribution, and automotive sales industries. In recent years, this practice has expanded to include representing employers in arbitrations, unfair labor practice charges, “hybrid” Section 301 claims in federal court, and additional appellate experience before the NLRB. Matt spent 2016 working as Director and Counsel for Labor Relations for a Fortune 500 Company, handling numerous contract negotiations for small and medium sized bargaining units, unfair labor practice charges, RC petitions, and arbitrations, primarily against the Teamsters.

Matt is also a highly regarded and innovative thinker in positive employee relations training issues. After years assisting clients with organizing campaigns, he has focused his training on understanding the complex role of personality, behavior, and communication skills to assess supervisor engagement in the workplace. Matt has written numerous articles and developed varied training programs for numerous employers. Matt fosters his passion for training and education through his work teaching. Matt teaches Advanced Labor Law and Labor Arbitration classes at the Indiana University – Maurer School of Law.

Matt also has a varied background in employment litigation, handling complex Title VII litigation as well as worker’s compensation disputes for clients ranging from large, multi-site healthcare providers to small franchisees in the food service industry.

Set out below are additional specific experiences:

Prevailed at NLRB in case reversing the law and allowing employer, consistent with past practice, unilaterally to modify health care benefits during a hiatus between collective bargaining agreements, Raytheon Network Centric Sys., 365 NLRB No. 161 (Dec. 17, 2017)
Obtained several favorable summary judgment opinions in hybrid 301 claims concerning wage increase disputes between UAW employees, union and auto manufacturer.
Prevailed in labor arbitrations over discharge of employees for violation of work rule, safety violations, and violence in the workplace.
Won labor arbitration over the Company’s right to demote lead employees under the management rights clause.
Assisted clients in construction and building trades dispute for multi-million dollar construction in Northwest Indiana, advising them on reserve gate, informational picketing, and sympathy strike issues.
Successfully negotiated plant closure agreement for unionized client in Plainfield, New Jersey as part of a merger.
Assisted and advised clients in defeating election petitions filed with the NLRB for companies in:
- California (IAM, Teamsters)
- Connecticut (Road Local Sprinkler Fitters)
- Florida (Nursing)
- Indiana (Teamsters, USW, UFCW, Laborers)
- Illinois (Teamsters)
- Kentucky (UFCW, ISM)
- Louisiana (USW)
- New York (Teamsters, IBEW, IAM)
- Ohio (Road Local Sprinkler Fitters, Teamsters, IAM)
- Oregon (IAM)
Successfully negotiated collective bargaining agreements for companies in:
- California (Teamsters)
- Indiana (Teamsters, UAW, UFCW)
- Illinois (Teamsters)
- Kentucky (IAM, USW)
- Missouri (Teamsters)
- Ohio (Teamsters)
- Pennsylvania (Graphics Union, Teamsters)
- Rhode Island (Teamsters)

Education & Admission

Professional Activities

Speeches

Ogletree Deakins Webinar – “The NLRB’s ‘Game-Changing’ Agenda: Return to Ambush Elections and Radical New Procedures for Employee Unionization” – September 7, 2023
Labor Law Solutions – “The New Frontier: Organizing in Non-Traditional Industries” – Nashville – December 8, 2022
Labor Law Solutions – “Legal Ethics for Labor Professionals” – Las Vegas – December 2, 2021
Labor Law Solutions – “Pardon the Interruption!—Labor Style” – Las Vegas – December 2, 2021
Labor Law Solutions – “Campaigns and COVID-19: Can You Connect?” – December 2, 2020
Labor Law Solutions – “Union Solicitation, Distribution, and Access to Company Property: What Can Employees, Off-Duty Employees, and Nonemployees Do, and Where Can They Do It?” – Nashville – December 5, 2019
Labor Law Solutions – Foundation Series – “Unfair Labor Practice Charges and Litigation” – Nashville – December 4, 2019
Corporate Labor and Employment Counsel Exclusive – “Management Blind Spots: Getting Accurate Information About Your Workforce” – New Orleans – November 16, 2019
Ogletree Deakins Managing A Workforce in 2020 – “Modern Psychology or Jedi Mind Tricks: Reevaluating How Supervisors Interact with Employees” – Milwaukee – October 30 – 31, 2019
Ogletree Deakins Workplace Strategies Seminar – “What You See Is All There Is: Reevaluating How Supervisors Interact With Employees” – Las Vegas – May 2, 2019
Ogletree Deakins Briefing – “Can I Have 5 Minutes, Please?” – Carmel – March 21, 2019
Ogletree Deakins Labor Law Solutions Seminar – “They Found a Union Card in the Breakroom of the Topeka Facility. What Do We Do Now?” – Las Vegas – December 5, 2018
Ogletree Deakins Webinar – “Building Positive Employee Relations and Identifying Union Organizing Efforts ” – September 27, 2018
Ogletree Deakins Not Your Father’s NLRB Seminar – “Have We Survived The Ambush?” – Las Vegas – December 7, 2017
Ogletree Deakins Seminar – “Are You Smarter Than A Labor Lawyer?” – Indianapolis – November 2, 2017
2016 Indiana Chamber of Commerce FMLA Seminar – “FMLA Update” – Indianapolis – January 21, 2016
Third Thursdays with Ruthie Webcast – “Recent NLRB Decisions” – August 20, 2015
Indiana Chamber of Commerce Annual Safety Conference – “Knowing Workers’ Compensation is Not Enough! (ADA/FMLA/GINA/WC)” – Indianapolis – June 24, 2015
Ogletree Deakins Briefing – “Ambush Election Rules: Unionizing A Workforce Just Got Much Easier” – Indianapolis – March 25, 2015
Indiana Chamber of Commerce Annual Safety Conference – “Worker’s Compensation Issues” – Indianapolis – 2012
Indianapolis Bar Association – “Social Media in Employment” – Indianapolis – 2012
Indiana Chamber of Commerce Annual Safety Conference – “FMLA and Leave Issues” – Indianapolis – 2011
Society of Human Resource Professionals – Indiana Chapter – “Positive Employee Relations and Labor Law Update” – Indianapolis – 2011
Blue River Society of Human Resource Managers – “From the Mollies to Norma Rae: Are Unions Making a Comeback?” – Indianapolis – June 16, 2010
Indiana Chamber of Commerce Safety Expo – “Worker’s Compensation: Employer and Employee Rights and Responsibilities” – Indianapolis – March 3, 2010
Indiana Chamber of Commerce – Half Day Seminars – “FMLA, Workplace Harassment and ADA Updates” – Indianapolis – 2010 – 2013
Indiana Chamber of Commerce Annual Safety Conference – “Worker’s Compensation Issues” – Indianapolis – 2010, 2012

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Matthew J. Kelley

Shareholder | Indianapolis

More About Matthew J. Kelley

Experience

Education & Admission

Education

Admission to Practice

Professional Activities

Speeches

Published Works

Honors & Awards

Insights by Matthew J. Kelley

The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel

What’s Past Is Prologue—NLRB Restores the Common Sense Meaning of Past Practice

What Behavioral Psychology Has to Do With Union Avoidance: Reflections From a Labor Lawyer

Recent Eighth Circuit Case Illustrates the Need for Newest Members of the NLRB to Be Confirmed Sooner Rather Than Later

Postcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit

Employers Between a Rock and a Hard Place: Another Puzzling “Status Quo” Case Decided On Other Grounds

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