Associate General Counsel, Labor & Employment

PAY GRADE: 35E

CONTEXT OF THE JOB:

The University of Delaware Office of General Counsel (“OGC”) Labor and Employment attorney provides subject matter expertise in advising and representing the University in all aspects of labor and employment-related matters. Reporting into the Associate Vice President and Deputy General Counsel, the Associate General Counsel must be able to prioritize multiple competing priorities and communicate effectively with colleagues and clients. Experience working in an in-house environment, especially within higher education, will be strongly considered. The Associate General Counsel will be expected to handle matters and transactions from beginning to end with minimal supervision and input from the General Counsel and Deputy General Counsel, participate in team-wide process improvement initiatives, and provide advice and guidance on complex legal matters to the University leadership and departments.

MAJOR RESPONSIBILITIES:

• Provide practical, risk-based guidance on compliance with federal, state, and local employment laws, including leave entitlements, workplace accommodations, discrimination, harassment, retaliation, recruiting, hiring, tenure, immigration, and wage and hour issues. 
• Counsel HR and management on discipline, performance management, investigations, and employee separations, including collective bargaining procedures where applicable.
• Advise on restructurings and operational changes, including bargaining and notice obligations.
• Represent or manage employment and labor matters before agencies, such as the EEOC, DDOL, DOL, OSHA, NLRB, and state and federal courts.
• Oversee responses to administrative charges, subpoenas, and agency investigations involving both labor and employment claims.
• Serve as a legal advisor on labor relations issues, including collective bargaining strategy, contract interpretation, and labor management relations.
• Advise management on CBA interpretation.
• Support management during CBA negotiations, including preparation of proposals, analysis of counterproposals, and risk assessment, as well as during CBA implementation.
• Represent management in or oversee arbitrations and unfair labor practice matters, including preparation of cases and/or coordination with outside counsel as needed.
• Counsel on union organizing activity.
• Draft and update employment policies, labor-related procedures, and management guidance applicable to unionized and non-unionized employees.
• Stay abreast of legal and compliance issues that may affect higher education institutions from a labor and/or employment perspective and partner with internal stakeholders to appropriately address such issues.
• Work within the OGC to provide advice and counsel on a variety of other issues facing academic institutions and large employers as needed.

QUALIFICATIONS:

• Juris Doctor (J.D.) degree from an accredited ABA law school and five years of experience as a practicing labor and employment attorney with experience in unionized environments.
• Must be admitted and in good standing to the state bar in at least one state; State of Delaware law license or eligibility for licensure within twelve months of hire under an in-house limited license.
• Understanding of university faculty relations and the shared governance model preferred.
• Experience in representing clients in internal grievances and administrative proceedings, labor arbitrations, agency charges, and state and federal court litigation.
• Ability to identify, frame, and resolve complex and sensitive legal and operational issues, using sound judgment, creativity, and discretion.
• Strong research and analytical skills and top-notch legal writing, negotiation, and advisory skills with a practical, solutions-oriented approach.
• Excellent written, verbal, and interpersonal communication skills, capable of effectively communicating with high emotional intelligence and the ability to build credibility quickly at all levels within the University and externally.
• Demonstrated ability to perform effectively under the pressure of frequent interruptions, conflicting demands, and changing priorities.
• Capacity to thrive in a collaborative, diverse environment and work independently with a high degree of motivation.
• High ethical standards, reflecting honesty, integrity, and reliability and ability to manage sensitive matters with sound judgment and discretion.
• Exceptional judgment in balancing legal risks with business strategy and establishing relationships with various constituencies.
• Experience working directly with executive leadership and senior HR professionals, preferred.
• Familiarity with laws and regulations applicable to colleges and universities, including Title IX, Title VI, Section 504, FERPA, and the Higher Education Act and Amendments preferred.
• Demonstrated ability and willingness to learn new subject areas and develop expertise in emerging or specialized areas as needed.
• Prior employment in a higher education setting preferred.
• Prior experience providing legal counsel and advice with respect to immigration law compliance as it relates to employees and/or students preferred.