Attorney Advisor (Labor)

Employer
USAJobs
Location
Alexandria, Virginia
Posted
Sep 19, 2020
Closes
Sep 27, 2020
Hours
Full Time
Duties

Summary

Come work for the USPTO, we have been ranked as one of the best places to work in the federal government! The U.S. Patent and Trademark Office (USPTO) has been serving the economic interests of America for more than 200 years. We are responsible for granting US intellectual property rights for patents and trademarks. The USPTO is headquartered in Alexandria, Virginia, and has over 12,000 employees. For more information about the USPTO, please visit the USPTO Jobs Website .

Learn more about this agency

Responsibilities

This position is located in the Office of the General Counsel, Office of General Law (OGL). OGL is responsible for representing and advising the agency in all matters involving the administration and management of the agency, other than those involving intellectual property litigation and policy.

The individual selected for this position will be responsible primarily for Federal sector labor law advice and litigation. OGL's labor practice involves complex analyses and high-level decision-making for a diverse and interesting workforce. Attorneys are encouraged to apply creative and novel labor theories throughout their work. In recent years, the USPTO's approach to labor relations has varied: the selectee will be required to demonstrate an awareness of shifting client needs and priorities, and the ability to adapt his/her legal advice and services accordingly.

Duties include serving as the agency's representative in litigation and other administrative proceedings before arbitrators, the Federal Labor Relations Authority (FLRA), and the Federal Service Impasses Panel (FSIP). This consists of defending the USPTO in: unfair labor practice claims; negotiability petitions; grievance/arbitration cases, which may be followed by exceptions proceedings; and bargaining disputes. This duty includes, among other things, investigating claims, oral advocacy, drafting motions and/or briefs, negotiating with opposing counsel, and participating in adversarial hearings. Occasionally, this also includes assisting the Department of Justice when matters are raised in Federal courts.

Duties also include advising internal agency clients, including senior agency officials, on a wide range of labor issues, such as bargaining obligations, contract interpretation and application, representation law, meetings obligations, and other miscellaneous labor topics. Attorneys should be well-versed in the Federal Service Labor-Management Relations Statute, the Back Pay Act, FLRA regulations, and current labor case law.

All OGL attorneys are also expected to support OGL's other general law functions by providing legal advice and guidance on complex cases or legal issues in one or more fields of employment law, administrative law, ethics law, fiscal law, procurement law, legislative affairs, information disclosure (FOIA/Privacy Act), and rulemaking.

Work requires extensive research and analysis. Applicant must have excellent analytical and writing skills because primary work product is in written form (e.g., briefs, memos). Applicant must also have excellent oral skills to ably present the agency's case before third parties. As the lead attorney on a particular case or policy issue, the applicant would be responsible for analyzing legal and factual issues, developing the strategy to deal with these issues, and litigating cases. The applicant also needs to have excellent interpersonal skills, because they typically work with numerous people, including senior management of the agency and attorneys from outside organizations.

Travel Required

Not required

Supervisory status
No

Promotion Potential
15

Requirements

Conditions of Employment

  • You must be a U.S. Citizen or National.
  • You must possess a Law Degree and an active bar membership of any state.
  • Required to pass a background investigation and fingerprint check.
  • Must be registered for Selective Service, if applicable (www.sss.gov)
  • You must meet the definition of professional and specialized experience.
  • Must be suitable for Federal employment.


See "Key Requirements" and "Required Documents"

Qualifications

You must meet the United States Office of Personnel Management's (OPM) qualification requirements (including specialized experience and/or educational requirements) for the advertised position. You must meet all eligibility and qualifications requirements by the closing date of the job announcement. Additional information on the qualification requirements is outlined in the OPM Qualifications Standards Handbook of General Schedule Positions. It is available for your review on the OPM Website .

Specialized Experience:is experience that has equipped applicants with the particular knowledge, skills and abilities to successfully perform the duties of the position, and that is typically in or related to the position to be filled. To be creditable, specialized experience must have been equivalent to at least the next lower grade level in the federal service. For this position, the next lower grade level is a GS-14.

Specialized experience for this position includes:

Advising clients and/or representing clients in litigation, drafting memoranda of fact and law, motions, pleadings, litigation reports and other legal documents, and/or reviewing policies, procedures and other agency publications for legal sufficiency.

In addition to the specialized experience described above, applicants must have at least four (4) years of professional law/legal experience, post J.D.

Professional Legal/Law Experience: is experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled. This experience is characterized by breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization; investigating matters, such as related to Congressional or Inspector General inquiries; preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents; drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by an organization or official; determining questions of law; and/or studying, analyzing and evaluating legal precedents to present findings. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests; has broad or wide-scope impact on an economy, industry, private or public interests; and may involve directly or indirectly very large sums of money. Work may also involve acting as principal attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal, general or senior counsel to a major firm or organization.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

Education

The minimum education requirement for this position is a conferred Juris Doctor (J.D.) or Masters of Laws (LL.M). from an accredited college or university.

You are required to submit a copy of your law degree transcripts by the close of this vacancy announcement.

Additional information

Applicants applying for this position must be a United States Citizen.

If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System. If you are exempt from registration under Selective Service Law, you must provide appropriate proof of exemption. Please visit the Selective Service System website for more information.

This is a Non Bargaining Unit position.

This is a Public Trust position and has a risk level designation of "High Risk".

Background Investigation - If selected for this position, you may be required to complete a Declaration for Federal Employment (OF-306), which includes a fingerprint and credit check, to determine your suitability for Federal employment and to authorize a background investigation.

The USPTO participates in E-Verify. For more information on E-Verify, please visit the Department of Homeland Security Website .

Probationary Period- If selected, you may be required to complete an initial one-year trial period.

All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.

Relocation Expenses are not authorized and will not be paid.

Individuals who have special priority selection rights under the Agency Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) will be eligible if it is determined that they have exceeded the minimum qualifications for the position. Information about CTAP/ICTAP eligibility may be found here: OPM CTAP/ICTAP . CTAP/ICTAP documentation requirements are listed in the ‘Required Documents' section of this announcement.

More than one selection may be made from this announcement if additional identical vacancies in the same title, series, grade, and unit occur within 90 days from the date the certificate was issued.

All application materials become the property of the United States Patent and Trademark Office.

The United States Patent and Trademark Office is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factors. If you believe that you have been discriminated against and would like to file an EEO complaint, you must do so within 45 days of the date of the alleged discriminatory act. Claims of employment discrimination must be submitted to the attention of the USPTO's Office of Equal Employment Opportunity & Diversity via email ( oeeod@uspto.gov ) or phone (571-272-8292).

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Your eligibility for consideration and qualifications for the position will be determined based upon a review of your detailed resume.

Please Note: Writing samples may be requested prior to being interviewed.

Please note that a complete application is required for consideration. (Please review the "Required Documents" section of this job announcement to see what must be included in a complete application).

To preview questions please click here .

Background checks and security clearance

Security clearance
Other

Drug test required
No

Position sensitivity and risk
High Risk (HR)

Trust determination process

Required Documents

Your application and all required documents must be received by 11:59 pm ET on the closing date of this job announcement.

A complete application consists of:

1. A resume or any other written format you choose to describe your job-related qualifications; optional cover letter: Your resume should indicate your citizenship and should list your educational and work experience including job titles, salary, employment dates, duties and accomplishments, experience and how it relates to the Specialized experience listed in the job announcement.

Please Note: Any experience claimed in a cover letter should be substantiated by information contained in your resume. A Human Resources representative will validate the qualifications of those candidates eligible to be referred to the hiring official.

2. Transcripts: You MUST submit copies of your Law School transcripts for verification of the education requirements. Unofficial copies are acceptable, however, if selected you will be required to furnish official transcripts. It is your responsibility to provide adequate proof that you meet the above educational requirements. Inadequate or illegible information could result in non-qualification and loss of consideration.

3. Bar Membership Documentation: You MUST submit documentation showing that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement. If you are unable to obtain this information by the closing date of this announcement, you must contact the HR Specialist listed on this announcement to make other arrangements prior to the closing date of the announcement.

Supporting documents that may be requested of applicants after the closing date of this announcement are:

1. Writing Samples - You may be asked to submit a writing sample after the closing of the vacancy.

2. Notification of Personnel Action (SF-50) - For current and/or former Federal employees, your status eligibility and highest permanent grade/step/salary held in the Federal service will be validated with a copy of your most recent SF-50, "Notification of Personnel Action".

3. Veterans' Preference Documentation: If you are a veteran with preference eligibility, you will be asked to submit a Member 4 copy of your DD-214. If you are a preference eligible claiming a service connected disability of 10 percent or more, you will be asked to submit documentation (i.e. a letter dated 1991 or later from the Department of Veterans Affairs or from a branch of the Armed Forces) certifying to the veteran's present receipt of compensation. Veterans must include dates of military service within the automated application process, and submit Member 4 copy of each Certificate of Release or Discharge from Active Duty, DD-214. For more information, please visit Special Appointing Authorities for Veterans . For excepted service positions, Veterans' Preference does not apply; however, Veteran's will receive positive consideration.

4. Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) documentation: Applicants will be asked to submit: (1) A copy of your specific RIF notice, written notice of your expected separation or other documentation of priority consideration status; (2) A copy of your latest SF-50 noting current position, grade level, and duty location; (3) A copy of your last performance appraisal; and (4) Any documentation from your agency that shows your current promotion potential.

You can choose ONE of the following methods to submit Supporting Documents:

1) You can upload your documents when you register or update your information on the Department of Commerce application site which you access through the USAJobs site.

OR

2) You can fax your documents to 571-258-4254 using the system generated fax cover sheet.

Your application and all required documentation must be received by 11:59 p.m. Eastern Time on the closing date of this job announcement.

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.

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