Summary
This position is in the Office of the Chief Administrative Law Judge located in Washington, DC. The physical work location is 1120 20th Street, NW - Ninth Floor, Washington, DC 20036. The incumbent is a Federal Officer appointed by the Chairman, pursuant to 29 U.S.C. § 661(e), and works under the administrative direction of the Chairman.
This job is open to
Clarification from the agency
A Public Trust Background Investigation is required for this job.
Duties
- The ALJ conducts proceedings in accordance with the Administrative Procedure Act (5 U.S.C. 556-7), the Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the Rules of Procedure of the Occupational Safety and Health Review Commission for alleged violations that arise under the OSH Act of 1970.
- The ALJ rules on preliminary motions, conducts pre-hearing conferences to settle issues or stipulate facts, and issues subpoenas and orders for pre-hearing discovery of evidence.
- The ALJ administers oaths and presides at hearings, which may include written and/or oral testimony, cross-examination, and exhibits, and determining credibility.
- The ALJ prepares and issues decisions with findings of fact and conclusions of law based upon the record and supported by reliable, probative, and substantial evidence.
Requirements
Conditions of Employment
KEY REQUIREMENTS:
- You must be a U.S. Citizen.
- Travel is required (50 percent of the time or less).
- Moving and relocation expenses are not authorized.
- Selective Service Registration is required, as applicable (see https://www.sss.gov/).
- You must provide a resume and supporting documents (see required documents).
- E-Verify: If you are selected for this position, the documentation that you present for purposes of completing the Department of Homeland Security (DHS) Form I-9 will be verified through the DHS "E-Verify" System. Federal law requires DHS to use the E-Verify System to verify employment eligibility of all new hires, and as a condition of continued employment obligates the new hire to take affirmative steps to resolve any discrepancies identified by the system.
- You will be required to file an 'Executive Branch Personnel Financial Disclosure Report (OGE-278) in accordance with the Ethics in Government Act of 1978 using the INTEGRITY system.
Any appointment made under this announcement will be in the excepted service, Schedule E appointing authority, pursuant to Executive Order 13843 - Excepting Administrative Law Judges from the Competitive Service dated July 10, 2018.
Other Conditions of Employment
Only U.S. Citizens are eligible for employment with the Review Commission. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.
Qualifications
Applicants must possess a Juris Doctor degree. They must also meet both the licensure and experience requirements outlined below to be eligible for a Review Commission ALJ position. In addition to mandatory qualifications, applicants will be required to address, and provide evidence of, desired skills and experience as a means of identifying top candidates.
A. Licensure
Applicants must be licensed and authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution. All applicants must have an active bar status and/or membership in "good standing" for at least ten (10) years total in at least one jurisdiction in which they are admitted to practice. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining active status to practice law and being in good standing is also acceptable in lieu of active status in States where the licensing authority considers good standing as having a current license to practice law.
-AND
B. Qualifying Experience and Desired Skills
Applicants must have a full seven (7) years of experience as a licensed attorney preparing for, participating in, and/or presiding over formal hearings or trials involving litigation and/or administrative law at the Federal, State, or local level. Other relevant qualifying experience includes participating in or conducting mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings and preparing formal written decisions or opinions in such proceedings. Experience that demonstrates knowledge of occupational health and safety law or other labor and employment laws is desired.
To be considered as qualifying experience, the types of cases an applicant has handled or been involved with must have been conducted on the record under procedures at least as formal as those prescribed by the Administrative Procedure Act, 5 U.S.C. §§ 553 through 559.
Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body, a private organization, or individual. Both types of experience may include:
- Participating in pretrial disclosure and discovery;
- Participating in settlement or plea negotiations in advance of trial or hearing;
- Preparing pretrial/prehearing motions or orders (including summary judgment motions);
- Participating in pretrial/prehearing conferences;
- Preparing for trial/hearing;
- Trying or hearing cases;
- Preparing briefs or opinions;
- Participating in or conducting arbitration, mediation, or other alternative dispute resolution; or
- Participating in appeals related to the types of cases above.
The applicant should also be prepared to identify how their qualifying litigation and/or administrative law experience reflects a commitment to public service and an ability to perform the functions of an ALJ in an impartial manner.
Non-qualifying Experience: Experience involving cases with no formal hearing procedures and uncontested cases involving misdemeanors, probate, domestic relations, or similar uncontested matters is not qualifying.
Writing Sample: In addition to the minimum qualifications above, applicants must submit a writing sample which demonstrates their ability to author legal documents (not to exceed fifteen (15) pages) and a document addressing the Quality Ranking Factors (QRFs). Please see "How You Will Be Evaluated" section of this job opportunity announcement. Failure to submit these documents will result in your application being removed from consideration.
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your questionnaire answers, we will not allow credit for your response(s).
Education
Please read the "Qualifications" section.
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants meeting the minimum requirements will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following Quality Ranking Factors (QRF's). It is not expected that every successful applicant will have experience with all the QRFs. However, applicants are required to address each of the QRFs in narrative form, to the best of their ability.
- Ability to demonstrate the appropriate temperament to serve as a judge.
- Knowledge of occupational health and safety law or other labor and employment laws.
- Experience participating in pretrial or prehearing disclosure and discovery; pretrial or prehearing motions or orders; and pretrial or prehearing conferences;
- Experience managing or litigating a significant active caseload and the ability to render clear, thorough, and precise written pleadings or decisions.
- Experience handling complex legal issues and/or complex litigation.
- Experience participating in, or presiding over, formal hearings or trials that involve the litigation of civil or administrative law at the Federal, State, or local level, preferably demonstrating knowledge of occupational health and safety law or other labor and employment law and participating in or presiding over appeals related to these types of cases.
- Experience participating in or conducting settlement conferences, or other alternative dispute resolution of the claims involved in such proceedings.
- Experience preparing briefs or formal written decisions or opinions in proceedings.
- Knowledge of judicial practices and procedures, including the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
The QRFs must be addressed on a separate document which indicates the number of the specific QRF you are addressing. Applicants should be thorough in addressing the QRFs. For example, when addressing the fourth QRF bullet point (experience managing a significant active caseload and the ability to render clear, thorough, and precise written decisions) address the approximate number of cases handled in a given period of time, the applicant's specific role (first chair, co-counsel, responsible for the written brief only, etc.), and the length of time involved in a given role (lead counsel in 20 jury trials in 10 years). Applicants should also include specific examples of the types of cases, the number of court appearances made, and documents written in those cases, and the case dispositions (plea, settlement, bench trial, jury trial, etc.). Conclusory statements (such as "the applicant has been involved in a substantial amount of litigation") will receive little or no weight in the evaluation of the QRFs.
Required Documents
- Resume documenting at least ten (10) years of experience post bar admission (include specific dates employed and if work was performed on a part-time or full-time basis) and seven (7) years of relevant litigation or administrative law experience.
- Documents addressing the QRFs. There is additional information regarding the QRFs under the "How You Will Be Evaluated" section.
- Writing Sample which demonstrates your ability to author legal documents (one only, and not to exceed 15 pages).
- Application of Veterans' Preference: For those applicants claiming veterans' preference. Indicate in resume and attach DD form 214 or other substantiating documentation to your submission.
- Completion of assessment/occupational questionnaire. The agency will email this to you once you have submitted your application materials.
NOTE: Failure to submit the required documents will result in your application package being removed from consideration.
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
If you wish to be considered for this position, you must email your resume and supporting documentation to ovacancy@oshrc.gov prior to the closing date of this announcement. Once your application materials are received, the agency will send you an assessment questionnaire to complete. Failure to complete and submit the assessment questionnaire by the established date will result in you not being considered for the position. Your responses to the assessment questionnaire will be reviewed along with the information provided in your resume and supporting documentation to determine if you are qualified for the position. Please follow all instructions carefully. Errors or omissions may affect your eligibility.
Next steps
The qualifications and eligibility of all applicants will be evaluated, and then those who meet the minimum qualifications will be assessed. All applicants who meet all the minimum requirements will be referred to the screening panel and/or selecting official for further consideration. Highly qualified candidates may be required to participate in a job interview. The Review Commission will notify you of the outcome after all of these steps have been completed.
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