Employment and Labor Counsel

At the MBTA, we envision a thriving region enabled by a best-in-class transit system. Our mission is to serve the public by providing safe, reliable, and accessible transportation. MBTA’s core values are built around safety, service, equity, sustainability, culture, and accessibility, and each employee that works for the MBTA performs their roles based on our vision, mission, and values.This includes attendance, participation, and contribution in local safety committee meetings as needed.

Job Summary

Employment and Labor Counsel will provide day-to-day legal counsel, representation, and support to the Massachusetts Department of Transportation (MassDOT) and the MBTA in employment litigation and employment and labor law to managers and department heads at all levels of authority.

Duties & Responsibilities

• Provide legal advice and counsel in the areas of employment and labor law, which will have a significant impact on MassDOT and the MBTA.
• Provide legal counsel and advice on complex litigation matters.
• Respond to complex Massachusetts Commission Against Discrimination (MCAD) and Equal Employment Opportunity (EEO) claims against both MassDOT and the MBTA and respond to complex federal and state employment and labor-related claims within the Department of Labor (DOL), Department of Labor Relations (DLR) and other federal and state agencies.
• Represent MassDOT and the MBTA in complex litigation in before state and federal courts and administrative agencies, which will have a significant impact on MassDOT and the MBTA.
• Represent MassDOT in labor arbitrations.
• Communicate with representatives of other agencies and collaborate with cross-agency teams and stakeholders to share information, resolve issues, and develop or implement new programs.
• Draft new policies and regulations or amendments to existing policies and regulations based on legal research and agency needs to improve and streamline agency practices, support operational efficiencies, and ensure agency compliance with laws, which will have a significant impact on MassDOT and the MBTA.
• Support, prepare and handle discovery and depositions in complex agency and court matters.
• Handle negotiations, mediations, and alternative dispute resolution of employment-related matters.
• Prepare reports on case status, exposure, and dispositions, which may include sensitive and confidential personnel information.
• Accountable for maintaining data in case management system on a timely and complete basis.
• Work in close collaboration with the MassDOT and MBTA labor relations to ensure consistent, uniform, and effective discipline administration across all departments.
• Provide legal advice and counsel to MassDOT and MBTA labor relations on collective bargaining related matters. Participate in the development of contract proposals and provide guidance as necessary in collective bargaining negotiations, including, with respect to MassDOT, advice and counsel regarding labor law matters arising under Chapter 150E.
• Provide counsel to MassDOT and MBTA employment and labor professionals in a confidential capacity.
• Maintain awareness of legal developments and changes in employment and labor law.
• Review, analyze and update employment-related policies and procedures.
• Respond to notices, subpoenas, summons, unfair labor practice charges, demand letters, and other correspondence that require legal action in the employment and human resources arena.
• Ensure compliance with applicable laws, regulations, and policies.
• Adhere to the rules, regulations, collective bargaining agreements (if applicable) and policies of the Authority including the EEO, Anti-Discrimination and Anti-Harassment and Anti-Retaliation policies.
• Assist outside counsel providing support on labor and employment matters.
• Perform all other duties and projects that may be assigned.

Additional responsibilities may include a focus on one or more departments or locations. See applicable addendum for department or location-specific functions.

Supervision

• No direct reports.

Minimum Requirements & Qualifications

• A Juris Doctorate from an accredited institution.
• Membership in good standing with the Massachusetts Bar, including annual registration and certification by the Board of Overseers.
• Two (2) years of experience practicing employment and labor law, preferably in the public sector, including both advising clients on employment or labor law matters and representing parties in employment litigation or administrative agency proceedings, such as matters before the MCAD, the EEOC, the DLR, or comparable state or federal agencies, or in Massachusetts state or federal courts.
• Ability to oversee the work of law firms functioning as outside counsel.
• Ability to manage and prioritize a high-volume workload.
• Effective organizational, analytical and confidentiality skills.
• Ability to use Word, Excel, PowerPoint, Teams, Adobe Pro, or other database applications.
• Excellent customer service, presentation, negotiation, and conflict resolution skills.
• Ability to work with a diverse workforce.
• Ability to appropriately handle confidential and sensitive information with discretion.

Substitutions

• None

Preferred Experience & Skills

• Four (4) years of relevant legal experience, law firm experience, and experience representing large public agencies or other organizations focusing on employment and labor law.
• Six (6) years or more of relevant legal experience, law firm experience, and experience representing large public agencies or other organizations.
• Experience representing public agencies or large organizations, including compliance work and advising management on employment and labor issues.
• Experience handling labor arbitrations and proceedings before the DLR, including preparation of arbitration briefs and participation in hearings.
• Experience advising on collective bargaining matters, including contract interpretation.

Job Conditions:

• Ability to effectively read, comprehend, communicate, and respond to instructions, orders, signs, notices, inquiries, etc. in English.
• Be at least eighteen (18) years of age, except if participating in an approved high school internship / co-op program.
• Ability to commute to assigned work locations in the Boston, MA metro area, as required by the role.
• Ability to provide internal and external customers with courteous and professional experiences.
• Ability to work effectively, independently, and as part of a diverseworkforce team (or supervise, if required).
• Ability to uphold the rights and interests of the MBTA while building and maintaining effective relationships with employees and co-workers.
• Ability to adhere to rules, regulations, collective bargaining agreements (if applicable), and policies of the MBTA, including the EEO, anti-discrimination, anti-harassment, and anti-retaliation policies.
• Have a satisfactory work record for the two (2) years immediately prior to the closing date of this posting (unless if current student or recent graduate), including overall employment, job performance, discipline, and safety records (infractions and/or offenses occurring after the closing of the posting and before the filling of a vacancy may preclude a candidate from consideration for selection).
• Ability to pass a Criminal Offender Record Information (CORI) check, comprehensive background screening, and / or medical Clinic screening, potentially including physical examination and drug and alcohol screenings.
• Ability to work all shifts and / or locations assigned, directed, or necessary for this position, including (for some transit / operations roles) up to twenty-four (24) hours per day, seven (7) days per week as necessary to accommodate severe weather conditions, emergencies, or any other circumstances that may potentially impact service or the safety of service.
• Intern / co-op staff must be enrolled full or part-time in an accredited educational program and maintain a cumulative GPA of at least 2.5 for the entire duration of the internship / co-op. Additionally, interns / co-ops must have valid work authorization and U.S. Social Security Numberprior to starting pre-employment screenings / pre-boarding, working in their positions, and throughout the duration of their program.

Disclaimers and Definitions:

1. General Disclaimer: The statements contained in this job description are intended to describe a summary, general nature, and complexity of typical job functions and do not represent an exhaustive list of all duties, tasks, and responsibilities required of staff assigned to this position.
2. Work Environment: The physical demands and work environment characteristics described here-in are representative of those an employee may encounter while performing the essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform essential functions. See job description for role-specific requirements.
3. Work Eligibility: All employees must be legally authorized to work in the United States and on an unrestricted basis. The MBTA does not have an employer work sponsorship program. However, if you have unrestricted work authorization, or are sponsored by a separate entity, you are welcome to apply. Further, all persons hired will require a U.S. Social Security Number prior to starting the position and employees will be required to complete a Form I-9 to verify their identity and eligibility to work in the U.S.
4. Safety Sensitive Positions: Employees working in this classification will be subject to periodic physical examinations plus random drug and alcohol testing.
5. On-call or 24/7 Positions: Employees working in this classification must be available to respond to page / text / call and report to work as determined by assigned department or the Authority.
6. Essential / Emergency Staff: During declared "states of emergency," employees working in this classification are required to report to work for their assigned work hours or as directed by management.
7. ADA Accommodations: The MBTA makes reasonable accommodations for applicants with disabilities. If you require an accommodation during this process, please contact the MBTA's ADA Unit at View phone number on click.appcast.io or View email address on click.appcast.io.
8. Diversity, Equity, and Inclusion: The MBTA is an Equal Employment Opportunity Employer. For terms, descriptions, and definitions related to diversity, equity, inclusion, veteran status, and immediate family members that you may find on the application form, please visit mbta.com/careers-app-definitions.
9. Intern / Co-Op Benefits: Employees taking part in an internship orco-opat the MBTA are eligible to receive accrued paid sick leave as well as a monthly transportation pass, based on the city from which the intern / co-opcommutes to work,at no cost. However, no additional benefits are currently offered for interns orco-ops.