Duties

The mission of the Department of Labor (DOL) is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States. DOL's Office of the Solicitor (SOL) provides legal advice regarding how to achieve those goals. In doing so, SOL ensures that the Nation's labor laws are forcefully and fairly applied to protect the Nation's workers.

This position is located in the Division of Black Lung and Longshore Legal Services (BLLLS), one of the national office divisions of SOL. Strong analytical and legal writing skills are a must. Experience as an appellate advocate is a plus, but not required. Prior experience with workers' compensation law in general, or the Black Lung or Longshore programs in particular, is preferred but not required.

As a supervisor and Counsel for Administrative Appeals, the incumbent is responsible for the review and direction of legal work carried out on behalf of the Director, Office of Workers' Compensation Programs, under the Black Lung Benefits Act, the Longshore and Harbor Workers' Compensation Act, and related regulations.

Incumbent assigns, coordinates and reviews the work of staff attorneys in all cases pending before the Benefits Review Board. Incumbent ensures the timely and correct progress of individual cases on the docket in compliance with the rules of the Benefits Review Board and other applicable law. As the importance of the cases demands, Incumbent personally reviews, prepares and argues the more complicated and involved cases. In such instances, Incumbent prepares briefs and other documents.

Incumbent assists the Associate Solicitor in the development of litigation to further the evolution of case law in support of the substantive policies of the Department. The incumbent participates with the Associate Solicitor in determining the cases in which the Department should participate in to develop the law in various unsettled areas and to implement most effectively rulings already obtained in other cases.

Incumbent guides and directs the performance of related legal advisory services including the development and preparation of interpretations, opinions, and proposed regulations relating to issues raised under the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act. Incumbent guides OWCP and the regional offices in their handling of black lung and longshore cases and ensures timely responses to requests for legal opinions.

In coordination with the client agency and/or the regional offices of the Solicitor, as necessary, Incumbent also ensures the proper and consistent development of cases at the administrative trial level. Incumbent must be familiar with the Federal Rules of Civil Procedure, Federal Rules of Evidence, procedural rules of the Office of Administrative Law Judges and the rules adopted by the various U.S. District Courts to effectively pursue litigation strategies that effectuate DOL policy and establish sound case law.

Incumbent performs supervisory duties typical of first level supervisors, and sets and adjusts priorities, plans work, and is responsible for quantity and quality of work performed.

The Division seeks a Counsel for Administrative Appeals who offers diversity in background and experience, and who will contribute to the Division's promotion of equity and inclusion for its employees.

Requirements

Conditions of Employment

• Relocation expenses will not be paid
• Candidate required to obtain the necessary security/investigation level.
• U.S. Citizenship.
• Requires a supervisory probationary period if requirement has not been met.
• This position is not in the bargaining unit.
• Subject to financial disclosure requirements.
• Requires a probationary period if the requirement has not been met.

This position is subject to the confidential financial disclosure requirements of the Ethics in Government Act of 1978 (P.L. 95-521). Therefore, if selected, you will be required to complete a Confidential Financial Disclosure Report (OGE Form 450) to determine if a conflict or an appearance of a conflict exists between your financial interest(s) and your prospective position with DOL. This information will be required annually.

You may not be aware, but in the regulations for agency ethics programs, there are requirements for supervisors. Section 2638.103 of Title 5 of the CFR states:

Every supervisor in the executive branch has a heightened personal responsibility for advancing government ethics. It is imperative that supervisors serve as models of ethical behavior for subordinates. Supervisors have a responsibility to help ensure that subordinates are aware of their ethical obligations under the Standards of Conduct and that subordinates know how to contact agency ethics officials. Supervisors are also responsible for working with agency ethics officials to help resolve conflicts of interests and enforce government ethics laws and regulations, including those requiring certain employees to file financial disclosure reports. In addition, supervisors are responsible, when requested, for assisting agency ethics officials in evaluating potential conflicts of interest and identifying positions subject to financial disclosure requirements.

Notification Concerning COVID-19 Vaccinations. As required by Executive Order 14043 ,* Federal executive branch employees are required to be fully vaccinated against COVID-19 regardless of the employee's duty location or work arrangement (e.g., telework, remote work, etc.), subject to such exceptions as required by law. If selected, you will be required to be vaccinated against COVID-19 and to submit documentation of proof of vaccination or to be in the process of requesting an exception to the vaccination requirement before appointment or onboarding with the agency. The agency will provide additional information regarding which forms of documentation can be accepted and how you can request to be considered for a legally required exception from this requirement.

*Currently, implementation and enforcement of Executive Order 14043 has been suspended pursuant to an injunction pending further litigation.

Qualifications

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 for each grade level.

GS-15, four (4) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.

Specialized experience, for this grade level, is defined as experience with 1) conducting federal and/or administrative litigation or conducting litigation of appellate cases; and 2) the Federal Rules of Civil Procedure, Federal Rules of Evidence, procedural rules of the Benefits Review Board and the Office of Administrative Law Judges and the rules adopted by the various U.S. District Courts to effectively pursue litigation.

Note: An LL.M may be substituted for a maximum of one year experience.

Education

For this position education is a requirement. You must have obtained a professional law degree (LL.B. or J.D.) from a qualifying educational institution. You must submit academic transcripts demonstrating that you meet the qualifying educational requirements. 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

The Department of Labor has determined that this position is eligible for telework and may be allowed to telework with supervisory approval. Employee participation in telework on a routine or situational basis is determined by management primarily based on business needs. Employees participating in telework are subject to the terms and conditions of the Department of Labor's Telework Program.

DOL seeks to attract and retain a high performing and diverse workforce in which employees' differences are respected and valued to better meet the varying needs of the diverse customers we serve. DOL fosters a diverse and inclusive work environment that promotes collaboration, flexibility and fairness so that all individuals are able to participate and contribute to their full potential.

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