People: Joshua L. Ditelberg, Partner

Photo of Joshua L. Ditelberg, Partner

Joshua L. Ditelberg

Partner

Chicago
Direct: (312) 460-5505
Fax: (312) 460-7505
0

Joshua L. Ditelberg is a partner engaged in a broad-based labor and employment practice, with a primary focus on labor relations and the employment-related aspects of corporate transactions, business restructuring, and workforce reductions.

Mr. Ditelberg is Co­-Chair of the Firm’s Workplace Restructuring and Transactions Group. The Group achieves client business objectives by creating economic value and minimizing risk in labor and employment matters arising from corporate mergers, acquisitions, and divestitures; subcontracting and outsourcing; workforce reductions; facility closings, relocations and consolidations; corporate reorganizations; bankruptcy; and ESOPs.  Mr. Ditelberg also is a member of the Firm’s Distressed Situations Resource Team.

Mr. Ditelberg has extensive experience with all aspects of labor relations law, including collective bargaining, NLRB litigation, strikes and lockouts, union corporate campaigns,  litigation under Section 301 of the Labor Management Relations Act, and arbitration. He has negotiated numerous collective bargaining agreements in a range of industries, including with the Teamsters, UAW, USW, IAM, Carpenters, Laborers, SEIU, UNITE HERE, and UFCW.

Mr. Ditelberg practiced labor and employment law in Boston before joining Seyfarth Shaw LLP. Prior to entering private practice, he served as a law clerk to Judge Ralph B. Guy, Jr. of the United States Court of Appeals for the Sixth Circuit, and to Associate Justice Joseph R. Weisberger of the Supreme Court of Rhode Island.

Mr. Ditelberg’s notable publicly disclosed representations include:

  • Fresh & Easy Neighborhood Market, Inc., 361 NLRB No. 12 (2014), addressing the scope of NLRA protections for employees seeking co-workers’  assistance in filing harassment complaints.  The decision is profiled at 128 Harvard Law Review 785 (2014)
  • Ellis v. DHL Exp. Inc. (USA), 633 F.3d 522 (7th Cir. 2011), establishing that WARN Act claims may be released
  • Representing Mott’s, Inc. in a multi-week strike profiled by Newsweek, the New York Times, PBS and other news organizations
  • Representing Serious Materials, Inc. in collective bargaining related to its acquisition of a factory which had been the subject of a sit-down strike profiled in Michael Moore’s Capitalism: A Love Story
  • Representing Chrysler in labor and employment matters related to its sale to Cerberus Capital Management, the first private equity acquisition of a Big Three automobile manufacturer
  • Baltimore Sun Co., 335 NLRB 163 (2001), holding that an employer is entitled to collective bargaining over subjects not included in a labor agreement as to employees newly accreted to a bargaining unit
  • Representing Kaiser Aluminum in its 1998-2000 strike and lockout, described by the USW as the “longest and largest lockout in the [then] 58-year history of the United Steelworkers” union (“United Steelworkers News,” September 18, 2000)
  • McClatchy Newspapers, Inc. v. NLRB, 131 F.3d 1026 (D.C. Cir. 1997), addressing the ability of employers under the NLRA to implement discretionary merit compensation proposals following a lawful bargaining impasse
  • Representing Knight Ridder, Inc. in litigation related to the 1995-1997 Detroit newspaper strike, including the reversal of the NLRB’s finding that the labor dispute was an unfair labor practice strike (Detroit Typographical Union No. 18, et al. v. NLRB, 216 F.3d 109 (D.C. Cir. 2000)).  The strike is profiled in C. Rhomberg, The Broken Table: The Detroit Newspaper Strike and the State of American Labor (Russell Sage 2012)

Mr. Ditelberg is the President of the Chicago Chapter of the Labor and Employment Relations Association, a leading professional organization in the fields of industrial relations and human resources management. He has been recognized as a Leading Lawyer by the Leading Lawyers Network and an Illinois Super Lawyer by Law & Politics, designations awarded to the top 5% of attorneys in Illinois.

Mr. Ditelberg has been elected a Fellow of the College of Labor and Employment Lawyers, a national organization established through an initiative of the Council of the Section of Labor and Employment Law of the American Bar Association. Election as a fellow is the highest recognition by colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence.

Mr. Ditelberg is Adjunct Professor of Labor Law at John Marshall Law School. Additionally, he has lectured on labor and employment subjects to numerous organizations including the American Arbitration Association University, the Practicing Law Institute, the Turnaround Management Association, and the National Academy of Arbitrators.

Joshua L. Ditelberg is a partner engaged in a broad-based labor and employment practice, with a primary focus on labor relations and the employment-related aspects of corporate transactions, business restructuring, and workforce reductions.

Mr. Ditelberg is Co­-Chair of the Firm’s Workplace Restructuring and Transactions Group. The Group achieves client business objectives by creating economic value and minimizing risk in labor and employment matters arising from corporate mergers, acquisitions, and divestitures; subcontracting and outsourcing; workforce reductions; facility closings, relocations and consolidations; corporate reorganizations; bankruptcy; and ESOPs.  Mr. Ditelberg also is a member of the Firm’s Distressed Situations Resource Team.

Mr. Ditelberg has extensive experience with all aspects of labor relations law, including collective bargaining, NLRB litigation, strikes and lockouts, union corporate campaigns,  litigation under Section 301 of the Labor Management Relations Act, and arbitration. He has negotiated numerous collective bargaining agreements in a range of industries, including with the Teamsters, UAW, USW, IAM, Carpenters, Laborers, SEIU, UNITE HERE, and UFCW.

Mr. Ditelberg practiced labor and employment law in Boston before joining Seyfarth Shaw LLP. Prior to entering private practice, he served as a law clerk to Judge Ralph B. Guy, Jr. of the United States Court of Appeals for the Sixth Circuit, and to Associate Justice Joseph R. Weisberger of the Supreme Court of Rhode Island.

Mr. Ditelberg’s notable publicly disclosed representations include:

  • Fresh & Easy Neighborhood Market, Inc., 361 NLRB No. 12 (2014), addressing the scope of NLRA protections for employees seeking co-workers’  assistance in filing harassment complaints.  The decision is profiled at 128 Harvard Law Review 785 (2014)
  • Ellis v. DHL Exp. Inc. (USA), 633 F.3d 522 (7th Cir. 2011), establishing that WARN Act claims may be released
  • Representing Mott’s, Inc. in a multi-week strike profiled by Newsweek, the New York Times, PBS and other news organizations
  • Representing Serious Materials, Inc. in collective bargaining related to its acquisition of a factory which had been the subject of a sit-down strike profiled in Michael Moore’s Capitalism: A Love Story
  • Representing Chrysler in labor and employment matters related to its sale to Cerberus Capital Management, the first private equity acquisition of a Big Three automobile manufacturer
  • Baltimore Sun Co., 335 NLRB 163 (2001), holding that an employer is entitled to collective bargaining over subjects not included in a labor agreement as to employees newly accreted to a bargaining unit
  • Representing Kaiser Aluminum in its 1998-2000 strike and lockout, described by the USW as the “longest and largest lockout in the [then] 58-year history of the United Steelworkers” union (“United Steelworkers News,” September 18, 2000)
  • McClatchy Newspapers, Inc. v. NLRB, 131 F.3d 1026 (D.C. Cir. 1997), addressing the ability of employers under the NLRA to implement discretionary merit compensation proposals following a lawful bargaining impasse
  • Representing Knight Ridder, Inc. in litigation related to the 1995-1997 Detroit newspaper strike, including the reversal of the NLRB’s finding that the labor dispute was an unfair labor practice strike (Detroit Typographical Union No. 18, et al. v. NLRB, 216 F.3d 109 (D.C. Cir. 2000)).  The strike is profiled in C. Rhomberg, The Broken Table: The Detroit Newspaper Strike and the State of American Labor (Russell Sage 2012)

Mr. Ditelberg is the President of the Chicago Chapter of the Labor and Employment Relations Association, a leading professional organization in the fields of industrial relations and human resources management. He has been recognized as a Leading Lawyer by the Leading Lawyers Network and an Illinois Super Lawyer by Law & Politics, designations awarded to the top 5% of attorneys in Illinois.

Mr. Ditelberg has been elected a Fellow of the College of Labor and Employment Lawyers, a national organization established through an initiative of the Council of the Section of Labor and Employment Law of the American Bar Association. Election as a fellow is the highest recognition by colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence.

Mr. Ditelberg is Adjunct Professor of Labor Law at John Marshall Law School. Additionally, he has lectured on labor and employment subjects to numerous organizations including the American Arbitration Association University, the Practicing Law Institute, the Turnaround Management Association, and the National Academy of Arbitrators.

Education

  • J.D., University of Michigan, magna cum laude (1991)
    Order of the Coif

  • M.A., University of Pennsylvania, with honors

  • B.A., University of Pennsylvania, summa cum laude (1987)
    Phi Beta Kappa

Admissions

  • Illinois
  • Massachusetts
  • District of Columbia

Courts

  • U.S. Court of Appeals, First, Sixth, Seventh, Eighth, Ninth, and District of Columbia Circuits
  • U.S. District Court for the Northern and Southern Districts of Illinois
  • U.S. District Court for the District of Massachusetts

Affiliations

  • Labor and Employment Relations Association (Chicago Chapter President)
  • American Bar Association (Member, Committee on Practice and Procedure Under The National Labor Relations Act)
  • Fellow, College of Labor and Employment Lawyers
  • Illinois Institute for Continuing Legal Education (Business Advice & Planning Advisory Committee)
  • American Arbitration Association (Midwest Regional Labor Advisory Committee)
  • Chicago-Kent College of Law Labor Relations Law Advisory Committee

Publications

  • Contributor, “Doing Business 2017: Comparing Regulations for Domestic Firms in 190 Economies,” The International Bank for Reconstruction and Development/The World Bank (2017)
  • Co-Author, “Short-Term Layoffs Require Advance Notice Under California WARN,” One Minute Memo, Seyfarth Shaw LLP (December 6, 2017)
  • Contributor, "Doing Business 2016: Comparing Regulations for Domestic Firms in 189 Economies," The International Bank for Reconstruction and Development/The World Bank (2016)
  • Co-Author, "How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?" Employee Benefit Plan Review (2015)
  • Co-Author, “NLRB Makes Union Organizing Easier,” HR Executive Online (2015)
  • Contributor, "Doing Business 2015: Comparing Regulations for Domestic Firms in 189 Economies," The International Bank for Reconstruction and Development/The World Bank (2015)
  • Co-Author, "Harris v. Quinn: Roadmap For The End Of Fair Share," Law 360 (2014)
  • Contributor, "Doing Business 2014: Comparing Regulations in 189 Economies," The International Bank for Reconstruction and Development/The World Bank (2014)
  • Contributor, "Doing Business 2013: Comparing Regulations in 185 Economies," The International Bank for Reconstruction and Development/The World Bank (2013)
  • Contributor, "Doing Business 2012: Comparing Regulations in 183 Economies," The International Bank for Reconstruction and Development/The World Bank (2012)
  • Co-Author, “Reconsidering Renewed Mass Layoffs,” Employment Law 360 (2011)
  • Contributor, "Doing Business 2011: Comparing Regulations in 183 Economies," The International Bank for Reconstruction and Development/The World Bank (2011)
  • Contributor, "Doing Business 2010: Comparing Regulations in 183 Economies," The International Bank for Reconstruction and Development/The World Bank (2010)
  • Co-Author, “Critical Labor Considerations in Bankruptcy and Business Restructuring,” Practicing Law Institute (2009)
  • Contributor, "Doing Business 2009: Comparing Regulation in 181 Economies," The International Bank for Reconstruction and Development/The World Bank (2009)
  • Contributor, "Doing Business 2008: Comparing Regulation in 178 Economies,The International Bank for Reconstruction and Development/The World Bank (2008)
  • “Workforce Reduction Notice,” Guide to Employment Compliance, Thompson, 3rd Edition (2007)
  • Contributor, "Doing Business 2007: Comparing Regulation in 175 Economies," The International Bank for Reconstruction and Development/The World Bank (2007)
  • Co-Author, “Top Labour and Employment Issues Not To Overlook In An M&A Deal,” Financier Worldwide (Post-Deal Integration Review 2006) (December 2006)
  • Co-Author, "Guide To Collective Dismissals In The Americas," (USA Chapter)Ius Laboris Publications (2006)
  • Contributing Editor, The Developing Labor Law, (6th ed. BNA Books 2012, 2005- 2016 Supplements)
  • Co-Author, “Labor, Employment, and Benefits Issues in Mergers and Acquisitions” llinois Business Law Series, Volume IV (Mergers & Acquisitions)IICLE Books (2005, 2008, 2011, and 2013 Supplements)
  • Co-Author, "Guide To Individual Dismissals In The Americas," (USA Chapter), Ius Laboris Publications (2005)
  • Co-Author, “Closing Time: The Obligations of Purchasers and Sellers Under the National Labor Relations Act,” HR Advisor (July 2005)
  • General Editor, "Labor and Employment Issues in Transactions, Business Restructuring and Workforce Reductions," IICLE Books (2005, 2d. ed. 2008, 3d. ed. 2013) and Chapter Author (“Labor, Employment and Benefits Transaction Terms”)
  • “Compliance With The NLRA” Conducting The Employment Practices Audit, IICLE Books (1st ed. 2004, 2007 Supplement, 2d ed. 2010)
  • Co-Author, “Best Practices: Reductions In Force, Business Restructuring and Reorganization,” American Bar Association Committee on Equal Employment Opportunity (2004) and International Bar Association Committee P (2003)
  • Co-Author, “Business Restructuring Issues in the United States," Global Workforce Restructuring, Kluwer Law International (2003)
  • Contributing Author, "How Arbitration Works," BNA Books (6th ed. 2003 and 2008 Supplement)
  • Chapter Editor, 2002, 2003 and 2005 Supplements to "How To Take A Case Before The NLRB," BNA Books (7th ed. 2000) (with F. Fischer); Associate Editor (8th ed. 2008 and 2011 Supplement); Chapter Editor (9th ed. 2016)
  • Co-Author, “The WARN Act’s Unforeseeable Business Circumstances Exception,” HR Advisor (July 2002)
  • “A Practical Guide to Workforce Reductions,” SHRM Legal Report (March-April 2002)
  • Co-Author, “Self-Enforcing Board Orders,” American Bar Association Committee on Practice and Procedure Under the National Labor Relations Act (2002)
  • Co-Author, "The NLRB and Secondary Boycotts," John M. Olin Institute, 3rd Edition (2002)
  • Co-Author, “NLRB Breathes New Life Into Employee Participation Committees,” Employee Relations Law Journal (Winter 2001)
  • Co-Author, “WARN,” Federal Employment Laws and Regulations: How To Comply, American Chamber of Commerce Publishers (2001)

Recognitions

  • Leading Lawyer, Leading Lawyers Network 
  • Illinois Super Lawyer, Law & Politics
  • Albert Nelson Marquis Lifetime Achievement Award