Trial Attorney (Labor)

Summary

This position is located in a regional office or associated branch office under the Department of Labor Office of the Solicitor. The regional offices have responsibility for the trial in U.S. District Courts and before administrative law judges of all civil litigation under the acts statutes and authorities listed below.

This position is outside the bargaining unit.

Duties

Under the direction of more senior attorneys the incumbent assists on cases related to the:

• Employee Retirement Income Security Act:
• Fair Labor Standards Act:
• Occupational Safety and Health Act:
• Mine Safety and Health Act:
• Davis-Bacon and Related Acts:
• McNamara- OHara Service Contract Act;
• Walsh-Healey Public Contracts Act;
• Contract Work Hours and Safety Standards Act;
• Black Lung Benefits Act;
• Employment Retirement Income Security Act;
• Family and Medical Leave Act;
• Handling internal labor and employment-related litigation involving Department of Labor employees within the Region including:
  • appeals of personnel actions to the Merit Systems Protection Board
  • claims of discrimination filed with the Equal Employment Opportunity Commission and
  • cases arising under Executive Order 11491 dealing with Federal union-management activities and
• Other statutes administered or enforced by the Department.

At the direction of the Regional Solicitor Deputy Regional Solicitor or program counsel Incumbent advises counsels and works with the various Regional Department of Labor agencies in representing the Secretary of Labor. The incumbent is assigned legal cases arising within the Region sometimes involving complex and difficult factual procedural substantive and administrative issues that potentially have an effect on positions taken by the agency heads on programmatic enforcement both regionally and nationally and can have an impact on one or more particular industries. The cases sometimes involve research analysis and working with experts. The cases also can involve large sums of money multi-establishment employers with large numbers of employees important enforcement policies and novel issues. May present oral arguments in court or at administrative hearings.

The incumbent reviews assigned cases to determine whether to recommend litigation. Prepares legal analysis and makes litigation recommendations for the Regional Solicitor or other supervising attorney evaluating cases in terms of the factual evidence the legal and procedural issues involved and other considerations that bear on the propriety of litigation. If the Regional Solicitor authorizes litigation the incumbent is expected to handle the case with some supervision and instruction. May also be assigned to work on cases involving delicate matters in which the government has assumed a heavy burden of proof and/or cases where there has been media attention or interest from members of Congress. Litigates or participates in the litigation of cases related to union matters matters involving those represented by NCFLL and AFGE Local 12 and other active unions in the DOL. Some of the incumbents cases are vigorously opposed by senior legal counsel employed by labor and employment law sections of national law firms or otherwise highly qualified and very experienced litigation counsel.

Requirements

Conditions of employment

• Must be at least 16 years old.
• Must be a U.S. Citizen.
• Requires a trial period if the requirement has not been met.
• Appointment to this position may require a background investigation.

Qualifications

IN DESCRIBING YOUR EXPERIENCE PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. Position titles alone cannot be used to determine if you are qualified. Please list dates in MM/DD/YY format. This is imperative in determining if you have at least one year of creditable specialized experience. Dates will not be assumed. To qualify for an attorney position applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state territory or possession of the U.S.; and have acquired the amount of experience indicated below.

In addition to being a member of the bar applicants must have had the amount of post-law school legal experience indicated below. The qualifying experience must have been progressively responsible legal experience of a professional nature that demonstrates the ability to perform the work at the grade level for which the application is being made. All Master of Law (LL.M) may be substituted for a maximum of 1 year of experience.

GS-11: Completion of first professional law degree (LL.B. or JD) and active membership in good standing of the bar.

GS-12: Applicants must have one (1) year of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level.

GS-13: Applicants must have two (2) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level.

GS-14: Applicants must have three (3) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least twelve months of the qualifying experience must have been at a level of difficulty comparable to the next lower grade level in the federal service.

Applicants also must supply the following documents below.

Bar Certificate: You MUST provide proof that you are a member in good standing of the bar of a court of general jurisdiction of a state territory or possession of the U.S.

Transcripts: You MUST provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position. Unofficial transcripts may be submitted during the application phase of the process although you will be required to submit official transcripts for verification purposes before you are hired. Please note that you must earn a J.D. or L.L.B degree before you can begin working.

Writing Sample : In addition to your transcripts applicants MUST also provide an unedited legal writing sample that is no more than ten (10) pages long with your application in order to receive further consideration. The writing sample can a portion of a brief or memorandum.

Education

A LL.B or J.D. is a requirement for this position. If you do not submit sufficient academic documentation necessary to demonstrate that you meet the eligibility and minimum qualification requirements described in this announcement your application will be deemed incomplete and you will be ineligible for further consideration for this vacancy.

Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.

If your education was completed at a foreign college or university you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.

Additional information

Applicants must meet all legal and regulatory requirements. Reference the Required Documents section for additional requirements.

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The mission of the Department of Labor (DOL) is to protect the welfare of workers and job seekers improve working conditions expand high-quality employment opportunities and assure work-related benefits and rights for all workers.

Refer to these links for more information: GENERAL INFORMATION REASONABLE ACCOMMODATION ADDITIONAL DOCUMENTATION FORMER FEDERAL EMPLOYEES

As a condition of employment all personnel must undergo a background investigation for access to DOL facilities systems information and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION

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Based on agency needs additional positions may be filled using this vacancy .

The Fair Chance Act (FCA) prohibits Federal agencies from requesting an applicants criminal history information before the agency makes a conditional offer of employment. If you believe a DOL employee has violated your rights under the FCA you may file a complaint of the alleged violation following our agencys complaint process Guidelines for Reporting Violations of the Fair Chance Act.

Note: The FCA does not apply to some positions specified under the Act such as law enforcement or national security positions.

All Department of Labor employees are subject to the provisions of the Drug-Free Workplace Program under Executive Order 12564 and Public Law 100-71.

Candidates should be committed to improving the efficiency of the Federal government passionate about the ideals of our American republic and committed to upholding the rule of law and the United States Constitution.

Required Experience:

IC