Duties

Summary

The incumbent assures efficient coordination and management within the Division and effects proper correlation with the Office of the General Counsel and the Board and other Divisions under the General Counsel on all litigation and related policy questions under its jurisdiction. Represents the General Counsel in meetings and consultations concerning individual cases or litigation involving labor-management relations in general and questions of policy and procedure related thereto.
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Responsibilities

The incumbent serves as the principal executive in the Division of Legal Counsel, which is comprised of three branches. The Contempt, Compliance and Special Litigation Branch conducts contempt and related litigation and provides compliance and contempt advice and assistance involving, among other things, the Bankruptcy Act and the Federal Debt Collection Procedures Act; conducts litigation and provides the Agency with advice and assistance when programs, statues, or outside proceedings threaten the Agency's ability to carry out its mission; ensures Agency compliance with government regulations that affect its work, such as the Administrative Procedure Act, statutes relating to Agency rulemaking, the Sunshine Act, the Health Insurance Portability and Accountability Act, the Right of Financial Privacy Act; and provides guidance and conducts litigation involving FOIA and Privacy Act issues. The FOIA Branch handles all FOIA request and appeals processing for Headquarters and Regional Offices. The E-Litigation Branch conducts litigation and provides advice and assistance involving e-litigation matters.

The incumbent performs the full range of the duties of the position with full authority to take action on any matter directed to the Division of Legal Counsel. Serves as a member of the General Counsel's policy staff and recommends and participates in top-level decisions on policies, programs, and case processing.

The incumbent has final responsibility on behalf of the General Counsel for the legal sufficiency and quality of all courts records, briefs, stipulations, decrees and other litigation documents, and the preparation for and presentation of oral arguments for all cases under the Division's jurisdiction.

The incumbent has ultimate responsibility for policy and program directives and appropriate processing of FOIA requests, appeals and litigation, as well as Privacy Act matters.

Travel Required

Occasional travel - You may be expected to travel for this position.

Supervisory status
Yes

Promotion Potential
00

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 law school.
• Active member of the bar, proof of good standing is required.

Qualifications

THIS POSITION IS IN THE SENIOR EXECUTIVE SERVICE (SES): This position is designated as a General position. This position may be filled by either a career or non-career appointee. Candidates are not required to have previous SES career service before applying. The selected candidate executive/managerial qualifications must be certified by the Office of Personnel Management prior to an initial SES career appointment. Positions in the SES are ungraded.

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 eliminate 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 applicants experience in relation to the PTQs and specific examples of accomplishments. Total length of narratives should not exceed 3 pages.

• PTQ 1 - Possession of comprehensive knowledge of the National Labor Relations Act (NLRA), the Administrative Procedure Act and other Federal and State laws affecting the administration of the NLRA, Agency guidance, and knowledge of Board and General Counsel functions and organization, rules of practice in Federal Courts, including legal procedures governing hearings and rules of evidence.
• PTQ 2 - Experience in litigating and supervising litigations and litigation teams in matters arising under the NLRA and other statutes before state courts, U.S. Bankruptcy Courts, U.S. District Courts, and the U.S. Courts of Appeals.
• PTQ 3 - Experience in providing legal advice concerning litigation strategies to senior management.
• PTQ 4 - Possession of the ability and skill to provide policy and program direction for the processing of FOIA requests, appeals and litigation as well as guidance concerning the Privacy Act.
• PTQ 5 - Experience managing teams of attorneys and possession of the supervisory and managerial skill and ability to develop, coordinate, and administer Agency programs, policies, and objectives, including assigning and managing the cases of subordinate supervisors and attorneys.

B. EXECUTIVE CORE QUALIFICATIONS - ECQs: Candidates must also submit a separate narrative statement to show possession of the Executive Core Qualifications (ECQs) listed below. You are required to respond to all ECQs. If you fail to do so, you will be rated as ineligible. Total length of narratives should not exceed 10 pages.

• 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.

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.

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.

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. Additional information on the ECQs is available at https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/

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

SUPPLEMENTARY VACANCIES: Supplementary vacancies may be filled in addition to the number stated in this announcement.

EQUAL EMPLOYMENT OPPORTUNITY/REASONABLE ACCOMMODATION: The National Labor Relations Board is an equal opportunity employer. All qualified applicants will receive consideration for appointment without regard to race, religion, color, national origin, sex, political affiliations, handicap, age, sexual orientation, 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 smschedule@nlrb.gov . 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, https://www.opm.gov/policy-data-oversight/disability-employment/hiring/. )

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

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.

Background checks and security clearance

Security clearance
Secret

Drug test required
No

Position sensitivity and risk
Noncritical-Sensitive (NCS)/Moderate Risk

Trust determination process
National security

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 the dates of employment (i.e., 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

All materials must be received by 09/16/2019 to be considered for this announcement.

Incomplete applications will not receive consideration for this Notice of Vacancy.

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.

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.