DEPUTY ASSOCIATE GENERAL COUNSEL Job at US National Labor Relations Board
Duties
The Deputy Associate General Counsel assists the Associate General Counsel, who exercises responsibility for administration of Division functions; in the absence of or at the designation of the Associate General Counsel, the Deputy acts in his or her stead as the head of the Division with full authority, as alter ego, to take action on any matters directed to the attention of the Associate General Counsel.
As the Deputy Associate General Counsel the incumbent:
Shares fully with the Associate General Counsel responsibility for advising the General Counsel and Deputy General Counsel on the legal aspects of all functions performed by the General Counsel both under the General Counsel's statutory authority and under authority delegated to him or her by the Board. Coordinates the activities of Assistant General Counsels (Branch Chiefs) in the two constituent branches which comprise the Division - the Regional Advice Branch and the Injunction Litigation Branch.
Plans, directs and coordinates broad legal research and analysis and the preparation of legal opinions and recommendations to assist the Associate General Counsel, Deputy General Counsel and General Counsel in formulating policy, as well as legal research and analysis directed to the resolution of individual cases or problems.
Has final responsibility for the sufficiency and validity of certain legal opinions, case Advice memoranda, other case closing documents directing Regional offices to take specific actions, and other formal legal analyses, and Advice documents which are submitted to the Deputy General Counsel or General Counsel as a basis for their decision or action.
Regularly participates in the General Counsel's Agendas, which consider and make decisions on precedent-setting legal or policy questions arising in cases submitted by Regional Directors for advice, or relative to the techniques and theories of trial before the Board and the courts.
Shares the direction and coordination of Division activities with the Associate General Counsel in the Regional Advice Branch and Injunction Litigation Branch, whose responsibilities are set forth below.
Regional Advice Branch - Responsible for:
- Analyzing case and formulating the advice to be given in unfair labor practice cases referred by Regional Directors. Preparing formal Advice memoranda and other case closing documents giving guidance and direction on discrete matters to Regional Directors.
- Analyzing Administrative Law Judge decisions in cases previously reviewed on submission to Advice to determine whether the decision is consistent with the facts and theories as presented on Advice review. In conjunction with the Division of Operations-Management, developing recommendations as to whether or not Regional offices should file exceptions with the Board to the findings and conclusions of the ALJ Decision, with a view to implementing and developing the General Counsel's policies and making them uniform throughout all Regional offices.
- Preparing General Counsel memoranda regarding various initiatives and pursuit of certain substantive changes to extant doctrinal law; preparing the General Counsel's briefs in response to Board invitations to file briefs in cases of national significance, and in response to similar invitations to submit positions or otherwise respond to notices of proposed rulemaking pursuant to Section 6 of the NLRA.
Injunction Litigation Branch:
- Processing Regional submissions either requesting pursuit of Section 10(j) relief, or recommending against such pursuit, as well as assisting Regional offices on cases involving novel or otherwise difficult issues arising under Section 10(l) of the NLRA. Thorough review of the Regional office file and submission recommending Section 10(j) relief to ensure that all pertinent information has been considered prior to submission to the Board.
- In appropriate submitted cases, preparation of comprehensive memoranda to the Board, replete with detailed recitations of the facts and thorough citations to appropriate cases, recommending pursuing of interim relief under Section 10(j).
- Furnishing legal guidance and assistance to Regions in the litigation of all preliminary injunction cases under Section 10(j) and 10(l) in the federal district courts.
- Representing the Agency in Section 10(j) or 10(l) appeals before the Circuit Courts of Appeal.
- Representing the Agency in any contempt proceedings associated with Section 10(j) or 10(l) injunctions.
Requirements
Conditions of Employment
- U.S. Citizenship is required.
- Background investigation may be required.
- Males born after 12/03/59 must be registered for Selective Service.
- Initial SES Career appointee is subject to a one-year probationary period.
- Must have a J.D. from an accredited school.
- Active member of the bar, proof of good standing is required.
- As required by Executive Order 14043, Federal employees were required to be fully vaccinated against COVID-19 regardless of the employees duty location or work arrangement. PLEASE SEE 'ADDITIONAL INFORMATION' FOR FURTHER GUIDANCE.
Qualifications
To qualify for this position, you must meet the following requirements:
As a basic requirement for entry into the SES, applicants must provide evidence of progressively responsible leadership experience that is indicative of senior executive level managerial capability and directly related to the skills and abilities outlined under Professional/Technical Qualifications and Executive Core Qualifications. For this position, all candidates must be an active member of the Bar in good standing of any state, District of Columbia, Puerto Rico, or any Territorial Court under the US Constitution.
Failure to meet the basic qualification requirements and all Professional/Technical and Executive Core Qualification factors automatically eliminates the applicant from further consideration.
ALL CANDIDATES MUST FULLY ADDRESS ALL ITEMS UNDER 'TECHNICAL QUALIFICATIONS' TO BE ELIGIBLE FOR CONSIDERATION.
A. PROFESSIONAL/TECHNICAL QUALIFICATIONS (PTQs): A narrative statement specifically to show possession of the Professional/Technical Qualifications (PTQs). Responses should summarize the applicant's experience in relation to the PTQs and specific examples of accomplishments. Total length of narratives should not exceed 3 pages.
- PTQ 1 - Demonstrated knowledge of and ability to apply the National Labor Relations Act ("the Act"), as amended, related case law, and precedent in order to handle the most complex and unusual legal issues related to the Act, issues identified as significant by the General Counsel, as well as ability to communicate any recommended course of action to the General Counsel or other political appointees.
- PTQ 2 - Demonstrated knowledge of the Division of Advice, its constituent branches and administrative procedures in place to ensure both branches run efficiently in furtherance of carrying out the Division's mission.
- PTQ 3 - Ability to lead and manage the human, financial, information and other resources of an organization, lead staff in accomplishing the organization's strategic goals, and counsel the Agency's top leaders.
ECQ 1 - LEADING CHANGE: This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment. Leadership Competencies: creativity and innovation, external awareness, flexibility, resilience, strategic thinking, vision.
ECQ 2 - LEADING PEOPLE: This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts. Leadership Competencies: conflict management, leveraging diversity, developing others, team building.
ECQ 3 - RESULTS DRIVEN: This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks. Leadership Competencies: accountability, customer service, decisiveness, entrepreneurship, problem solving, technical credibility.
ECQ 4 - BUSINESS ACUMEN: This core qualification involves the ability to manage human, financial, and information resources strategically. Leadership Competencies: financial management, human capital management, technology management.
ECQ 5 - BUILDING COALITIONS: This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals. Leadership Competencies: partnering, political savvy, influencing/negotiating.
ALL CANDIDATES MUST FULLY ADDRESS ALL ITEMS UNDER 'EXECUTIVE CORE QUALIFICATIONS' AS WELL AS ALL ITEMS UNDER TECHNICAL QUALIFICATIONS TO BE ELIGIBLE FOR CONSIDERATION.
HELPFUL INFORMATION ON ECQs: Particular care should be taken when addressing the Executive Core Qualifications (ECQs) described under Qualifications and Evaluation, as that information must also be reviewed and approved by an OPM Qualifications Review Board (QRB). Be sure to include professional and volunteer experience, education, training, and awards that demonstrate your skills in a particular ECQ. Please do not submit additional materials such as position descriptions, publications, course descriptions, or OPM literature. Materials other than those discussed under How to Apply will not normally be included in the application package when forwarded to the Executive Resources Board for evaluation. Additional information on the ECQs is available here. Each accomplishment should be clear, concise, and emphasize your personal level of responsibility, the challenges and/or scope of complexity of programs managed, and results of your actions. The ECQs were designed to assess executive experience and potential, not technical expertise. They measure whether an individual has the broad executive skills needed to succeed in a variety of SES positions. Please provide your examples using the Challenge- Context- Action- Result (CCAR) model when describing your accomplishments as described below:
- Challenge - Describe a specific problem or goal.
- Context - Describe the individuals and groups you worked with and/or the environment in which you worked address the challenge or goal.
- Action - Discuss the specific actions you took to address the challenge or goal.
- Result - Give specific examples of the results of your actions.
Education
Applicant must possess a J.D. or LL.B. degree and be a member of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. The selectee will be required to provide proof of current bar membership prior to appointment. ALL APPLICANTS must submit proof of successful completion of education requirements. This proof may consist of a law school transcript, copy of diploma from the applicant's law school, or other documentation which provides clear and specific proof of education, such as a current SF-50 demonstrating that the applicant is currently occupying a position in the 905 series. Education completed in foreign colleges or universities may be used to meet the requirements for this position if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is the responsibility of the applicant to provide such evidence by the closing date of the announcement.
Additional information
COVID-19 MANDATE:
To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the Federal Government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Therefore, to the extent a Federal job announcement includes the requirement that applicants must be fully vaccinated against COVID-19 pursuant to E.O. 14043, that requirement does not currently apply. Federal agencies may request information regarding the vaccination status of selected applicants for the purposes of implementing other workplace safety protocols, such as protocols related to masking, physical distancing, testing, travel, and quarantine, if applicable.
SUPPLEMENTARY VACANCIES: Supplementary vacancies may be filled in addition to the number stated in this announcement.
EQUAL EMPLOYMENT OPPORTUNITY:
The National Labor Relations Board is an equal opportunity employer. All qualified applicants will receive consideration for appointment without regard to race, color, national origin, religion, sex (including pregnancy, gender identity, and sex orientation), age, disability, genetic information, political affiliations, or any other non-merit factor. Applicants with disabilities who need reasonable accommodations for any part of the application and hiring process should contact the Agency's Selective Placement Coordinator by email here. NLRB offers a wide array of reasonable accommodations and programs for individuals with disabilities. (Note: for additional information for job seekers with disabilities, please click on the following website here.
REASONABLE ACCOMMODATION POLICY: Federal agencies must provide reasonable accommodation to applicants with disabilities as appropriate. Applicants requiring reasonable accommodation for any part of the application process should follow instructions in the job announcement.
PLACEMENT POLICY: The posting of this announcement does not obligate management to fill a vacancy or vacancies by promotion. The position may be filled by reassignment, change to lower grade, transfer, appointment, or reinstatement. Management may use any one or any combination of these methods to fill the position.
VETERANS PREFERENCE DOES NOT APPLY TO THE SENIOR EXECUTIVE SERVICE.
Males born after 12-31-59 must be registered or exempt from Selective Service (see www.sss.gov).
Click here for additional information and benefits for SES employees.
Before entering on duty, you will be required to complete a Public Financial Disclosure Report OGE-278e. You will need to provide the information annually.
Privacy Act Information: The application materials you submit for this position contain information subject to the Privacy Act of 1978 (P.L. 93-579, 5 U.S.C. 552a). We are required to provide you with information regarding our authority and purposes for collecting the data; the routine uses which will be made of it, the effect, if any, of nondisclosure. You are entitled to the same information, as it pertains specifically to disclosure of your social security number.
All Federal employees are required by PL 104-134 to have federal payments made by direct deposit. http://www.OPM.Gov/retire/asd/pdf/99-106A.pdf
Benefits
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Review our benefits
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants who are current career SES members, former career SES members with reinstatement eligibility, OPM certified graduates of a SES Candidate Development Program (CDP), or who otherwise meet the mandatory requirements (Executive Core Qualifications and Professional Technical Qualifications), will be considered qualified for this position. Rating and Ranking to determine "Best Qualified" will be conducted by a panel of experts and will be based upon consideration of the degree to which applicants meet the mandatory knowledge, skills and abilities described in the ECQs and PTQs. Current career SES members, former career SES members with reinstatement eligibility, OPM certified graduates of a SES CDP will be considered noncompetitively. Those applicants who are determined Best Qualified will be sent to the selecting official for possible interview. If selected, your ECQs must be certified by OPM's Qualifications Review Board, unless you are a current SES executive or have graduated from an OPM approved SES CDP. You must receive certification before you can be appointed to the position.
The Office of Personnel Management (OPM) is required by law to review the executive qualifications of each new career appointee to the Senior Executive Service (SES) prior to appointment. To be considered, applicants must submit a written statement addressing the five (5) Executive Core Qualifications (ECQs) listed in this announcement. Applicants must address all ECQs to be eligible for consideration. Your ECQ statements MUST NOT EXCEED A TOTAL OF 10 PAGES and should focus on accomplishments that support possession of each ECQ. See the SES Handbook for more information on ECQ's.
Current career SES members, former career SES members with reinstatement eligibility and OPM certified graduates of a SES CDP, who meet the professional/technical qualifications requirements will be considered for this position on a noncompetitive basis. Applicants for noncompetitive consideration are NOT REQUIRED to submit a supplemental statement addressing their ECQs. However, they must submit a Standard Form 50, Notification of Personnel Action, to establish proof of eligibility for noncompetitive appointment and submit their most recent performance appraisal, resume, address the professional/technical qualifications and complete the online questionnaire.
Benefits
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Review our benefits
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
Required Documents
As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.
In addition to your responses to the occupational questionnaire and your resume, you must submit the following additional documents specific for this vacancy:
All materials must be received by 04/21/2023 to be considered for this announcement.- Your responses to the Occupational Questionnaire,
- Your resume; (Content of Resume: Your resume that you choose to describe your job-related experiences will be used to verify your qualifications. Therefore, it is important that the information be specific, detailed where appropriate, and complete. Your resume must contain hours worked per week and the dates of employment (i.e., HRS per week and month/year to month/year or month/year to present). If your resume does not contain this information, your application will be marked as incomplete and you will not receive consideration for this position.)
- A separate narrative statement specifically addressing each Professional/Technical Qualifications (PTQs) requirement AND Executive Core Qualification (ECQs) requirement. Please address each Professional/Technical Qualification (PTQ) separately from the Executive/Managerial Core Qualifications (ECQs). Current career SES members, former career SES members with reinstatement eligibility and OPM certified graduates of an SES CPD need to submit PTQs only.
- SF-50, Notification of Personnel Action (indicating highest grade level held, tenure group, promotion potential and salary. Reinstatement eligibles should submit their SF-50 documenting their career appointment to SES if applying for noncompetitive consideration).
- Most Recent Performance Appraisal (Current federal service employees: If performance appraisal is not dated within the last year or if you are unable to provide a performance appraisal, an explanation why must be provided).
- Proof of Active Bar Certification is required.
Incomplete applications will not receive consideration for this Notice of Vacancy.If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
How to Apply
To apply for this position, you must provide a complete Application Package, which includes:
Please follow the instructions listed below for submitting your complete application package. Application procedures are specific to this vacancy announcement. Please read all instructions before you begin.- Occupational Questionnaire
- Resume (See Content of Resume)
- Written statement addressing the five (5) Executive Core Qualifications (ECQs)
- Professional/Technical Qualifications (PTQs) narrative responses
- Any additional required documentation.
To begin the process, click the APPLY button at the right side of this screen to create an account or log in to your existing USAJOBS account. Follow the prompts to complete the occupational questionnaire. Please ensure you click the SUBMIT MY ANSWERS button at the end of the process.
If you have never applied through USA Jobs for a position with the Federal Civil Service, you will need to create a USA Jobs account. To change or update your application, simply reapply through My USAJOBS, before the closing date. New or updated resumes are considered "incomplete" applications until the required virus scan is cleared. To check the status of your application, log into your USAJOBS account USA Jobs Account Login, select Application Status and click on the more information link under the application status for this position.
Your complete application package (including required documents) must be received no later than 11:59 PM Eastern Standard on the closing date of this announcement.
NOTE: OPM Form 1203-FX no longer existsAgency contact information
Nina Crawford
Phone
202-273-1741
Email
nina.crawford@nlrb.gov
Address
DIVISION OF ADVICE
1015 Half St SE
Washington, DC 20570-0001
USNext steps
Once the online questionnaire is received you will receive an acknowledgement e-mail that your submission was successful and we will conduct an evaluation of your qualifications and determine if you meet the mandatory technical qualifications of this position and the SES ECQs. Those who meet the qualifications will be referred to a panel of SES members for rating and ranking to determine the "Best Qualified" candidates. The panel will make a recommendation to the selecting official, If your name is referred to the selecting official, you may be contacted directly by that office for a possible interview. Once a selection is made, the selectee's application will be forwarded to the Office of Personnel Management (OPM) for approval by OPM's Qualifications Review Board, unless the selectee is a current SES employee or has graduated from an OPM approved SES Candidate Development Program.
You will receive notice via email or by mail, if no email address was provided by you during the application process, once this process is completed (generally 4-6 weeks).Fair and Transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
- Equal Employment Opportunity (EEO) Policy
- Reasonable accommodation policy
- Financial suitability
- Selective Service
- New employee probationary period
- Signature and false statements
- Privacy Act
- Social security number request
Required Documents
In addition to your responses to the occupational questionnaire and your resume, you must submit the following additional documents specific for this vacancy:
- Your responses to the Occupational Questionnaire,
- Your resume; (Content of Resume: Your resume that you choose to describe your job-related experiences will be used to verify your qualifications. Therefore, it is important that the information be specific, detailed where appropriate, and complete. Your resume must contain hours worked per week and the dates of employment (i.e., HRS per week and month/year to month/year or month/year to present). If your resume does not contain this information, your application will be marked as incomplete and you will not receive consideration for this position.)
- A separate narrative statement specifically addressing each Professional/Technical Qualifications (PTQs) requirement AND Executive Core Qualification (ECQs) requirement. Please address each Professional/Technical Qualification (PTQ) separately from the Executive/Managerial Core Qualifications (ECQs). Current career SES members, former career SES members with reinstatement eligibility and OPM certified graduates of an SES CPD need to submit PTQs only.
- SF-50, Notification of Personnel Action (indicating highest grade level held, tenure group, promotion potential and salary. Reinstatement eligibles should submit their SF-50 documenting their career appointment to SES if applying for noncompetitive consideration).
- Most Recent Performance Appraisal (Current federal service employees: If performance appraisal is not dated within the last year or if you are unable to provide a performance appraisal, an explanation why must be provided).
- Proof of Active Bar Certification is required.
Incomplete applications will not receive consideration for this Notice of Vacancy.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
This job is open to
-
The public
U.S. Citizens, Nationals or those who owe allegiance to the U.S.
-
Senior executives
Those who meet the five Executive Core Qualifications (ECQs).
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