Attorney-Advisor (Labor)

Clarification from the agency

This is an Excepted Service position and is open to Benefits Review Boards employees only. This position will be filled through an alternative hiring process and is not in the competitive civil service.

Major Duties

• Independently performs a complete intensive legal review and examination of complex case records and the issues presented on appeal; reviews and analyzes the parties' arguments regarding the law and the facts of each case. Drafts and submits recommended decisions or memoranda for assigned appeals; in some cases, may present a recommended disposition through an oral presentation.
• Researches statutes, regulations, decisions, opinions, legislative history, and other legal authorities on the points of law involved and analyzes their application to the case at hand.
• On certain complex cases assigned, the incumbent will be involved in the formal conferencing of cases, with the full Board and supervisory attorneys. Similarly, attends and provides support to formal oral arguments, where the parties appear before the Board to address cases involving a novel issue, or where clarification is essential to case disposition.
• Following Board Members' consideration, consultation, when appropriate, and vote, prepares a written decision and order for each case, for approval and signature in line with instructions from Members. As directed, prepares drafts of dissenting or concurring opinions for Board Members, usually in particularly difficult cases, or cases involving new issues. As instructed, redrafts memoranda or decisions and orders, following review by supervisory attorneys or Board members.
• When further consultation or justification is required, confers with and advises the Board Members on cases assigned that involves new law and establishes new precedent. Such advice often requires extended discussions of the legal issues involved, formulation of legal theory, presentation of facts out of which the legal issues arose, evaluation of conflicting testimony and the weighing of evidence, consideration of the inferences to be drawn, and examination of the effect of a particular proposed decision upon general interpretation of the Act, in the light of Congressional intent.

Conditions of employment

• Must be at least 16 years old.
• Must be a U.S. Citizen.
• Requires a trial period if the requirement has not been met.
• Appointment to this position may require a background investigation.
• You will be required to submit to Suitability/Fitness for the Trust Determination Process.

Qualifications

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. Position titles alone cannot be used to determine if you are qualified. Please list dates in MM/DD/YY format. This is imperative in determining if whether you have at least one year of creditable specialized experience. Dates will not be assumed.

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 the GS-13 grade level: Applicants must have two (2) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year (52 weeks) of qualifying experience must be specialized experience commensurate with the duties and responsibilities of the position at a level close to the work of this job that has given you the particular knowledge, skills, and abilities required to successfully perform the job.

Prior experience as a law clerk or staff attorney to an appellate body, service on law review, publication of an article or note in a legal periodical, and honors or awards for academic or professional performance are also desirable. Competitive candidates will have demonstrated good judgment, sound reasoning, and critical thinking.

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

How you will be evaluated

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

This is an Excepted Service position and is open as well to Non-Citizens as allowed by law. This position will be filled through an alternative hiring process and is not in the competitive civil service. Applicants meeting the minimum qualification requirements for this position will be further evaluated against the following evaluation factors. Current and/or past supervisors may be contacted unless specified otherwise. A panel and/or the selecting official or his/her designee may interview applicants.

Evaluation Factors:

1. Demonstrated skill in researching and preparing well-written, organized, and persuasive legal documents.
2. Ability to make effective oral presentations in a clear and concise manner.
3. Ability to establish and maintain effective liaison with supervisors and other agency staff.
4. Ability to multi-task in a complex inter-disciplinary legal environment by timely reviewing facts, identifying and resolving issues, enumerating options, and formulating recommendations.

The information you provide may be verified by a review of your paid, unpaid, and volunteer experience, as it demonstrates the competencies or skills required for the position to be filled. Your evaluation may include an interview, reference checks, or other assessment conducted by HR specialists, subject matter experts, or panel members and may include other assessment tools (ex. interview, structured interview, written test, work sample, etc.).

It is the responsibility of the applicant to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.

The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. You are not required to submit a document if it does not apply to you.

• Resumes: Required and applicants must provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions, and confirm that your resume supports your question responses.
• Bar Certification: Should you be selected for this position, you will be required to submit documentation verifying that you are an active member of the Bar in Good Standing of any State, the 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.
• Transcript(s): Should you be selected for this position; you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M. must submit a copy of their transcripts for verification.
• Writing Sample: Applicants must submit a writing sample. Some examples of documents demonstrating writing skills are briefs, legal memoranda, and opinion letters. These examples should total no more than 10 pages in length. Extracts of selected sections of larger documents are acceptable. This work must be your own, not edited by someone else.
• Veterans Documents (if applicable): Attorney appointments within the Department of Labor are positions in the excepted service, not the competitive service. There is no formal rating system for applying veterans' preference in attorney appointments; however, the Department of Labor considers veterans' preference eligibility as a positive factor in attorney hiring. In order to receive positive consideration, you must indicate your eligibility, in response to the appropriate item on the vacancy questionnaire. Additionally, you must submit a copy of your Certificate of Release or Discharge from Active Duty, DD214, showing the type of discharge and dates of active duty and, if applicable, a VA letter certifying the present existence of the service-connected disability which indicates the percentage of your disability. (For active-duty service members expecting to be honorably discharged or released within 120 days, click Active Duty) Without this documentation, you will not receive the veteran's consideration. Additional information is available at Feds Hire Vets - Veterans Preference

You may also find more information on positive considerations for attorney hiring here.

Cover Letter(s) are not mandatory and will not be used to verify experience but may be submitted.

NOTE: The OFFICIAL Transcript(s) MUST BE RECEIVED if you are selected, and prior to receiving the firm offer with a start date.

Do not upload password-protected documents.

As a condition of employment for accepting this position, you may be required to serve a 1-year trial during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your 1-year trial, your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

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