Deputy Associate General Counsel- Appellate and Supreme Court Litigation Branch

As Branch Chief the incumbent reports directly to the Associate General Counsel in the Division of Enforcement Litigation:

1. Responsible for planning, directing, and/or conducting all litigation in the United States Courts of Appeals involving proceedings for the enforcement or review of Agency orders under Section IO(e) or (t) of the Act. This responsibility to ensure compliance with Agency orders may result in cases being disposed of by informal or formal settlement, by further proceedings before the Board, or by litigation in the courts.
2. Responsible for the planning and assignment of enforcement cases to subordinate supervisors and attorneys, ranging from GS-11 to GS-15. This responsibility may require evaluation of the complexity of legal and factual issues involved in each case, as well as knowing the relationship of each case to other cases in preparation or currently in the courts, and their time deadlines.
3. Confers with and advises members of the staff as to problems arising during the course of their preparation of cases and resolves legal and policy questions; determines the necessity of filing other pleadings as may be warranted by the strategy of the opposing party or new or unexpected developments which may have a direct impact on the successful presentation of the case.
4. Reviews the briefs and other legal pleadings prepared in connection with the Branch's litigation for conformance to policy, effectiveness, adequacy, and soundness of presentation.
5. Ensures the appropriate assignment of oral arguments in the courts of appeal.
6. Responsible for the preparation of legal opinions and memoranda on questions of law referred by the General Counsel, Deputy General Counsel and advising on matters of law and policy; advises/recommends to the General Counsel or Deputy General Counsel policies and procedures to be followed in any of the cases pending in the Branch.
7. Responsible for recommending to the General Counsel or Deputy General Counsel, whether or not to petition for rehearing or certiorari in cases which the Board has lost in the court of appeals; whether or not to oppose certiorari in cases where petitions are filed seeking review of decisions which the Board has won in the court of appeals; and whether or not to participate as amicus curiae in other cases before the Supreme Court.
8. Responsible for the preparation of petitions, briefs, stipulations, records, and other legal documents in connection with the conduct of Supreme Court litigation, and for the preparation of correspondence with the Supreme Court of the United States, the Solicitor General of the United States, attorneys representing private parties involved in Supreme Court litigation, and other agencies or government officials concerning problems related to Supreme Court litigation.
9. Participates in conferences with the General Counsel, Deputy General Counsel, Associate General Counsel, and other top staff of the Division respecting the impact of district court and court of appeals litigation in relation to Supreme Court litigation, and in conferences with the Board's Solicitor and the Board itself on questions involved in Supreme Court litigation.
10. Represents the Board and the General Counsel in conferences with the Solicitor General of the United States and his staff respecting Supreme Court litigation involving the Board and for the purpose of formulating the government's position in Supreme Court Litigation.
11. Participates in conferences and/or represents the Branch in meetings with the General Counsel and his/her top officials, Board Members, Solicitor, etc., as well as with representatives of other government agencies who may be concerned by proceedings being conducted by the Branch; confers with the General Counsel, Deputy General Counsel and other members of the General Counsel's advisory staff on the merits of cases and agency action.
12. Works with other divisions of the General Counsel's Office to strengthen the ability of the regional offices to litigate recurring and important legal issues in a manner that will produce better decisions by the Board and put the Agency in a stronger position in the courts.
13. Confers with parties involved in cases regarding any phase of the litigation and conducts negotiations on behalf of the General Counsel and the Board as may be necessary to affect compliance with the Board's Orders.
14. Responsible for all administrative matters, overseeing hiring and other personnel actions, budget estimates, space, and office service requirements. Attends meetings with officials of other Divisions to resolve problems arising in the foregoing areas and to develop plans and programs which will provide for effective and efficient management and utilization of manpower and funds. May serve as a member of standing or special committees established to analyze cases and other matters involving the establishment of new policy or interpretation of newly enacted legislation and to advise the General Counsel thereon.

Conditions of employment

• U.S. Citizenship is required.
• You may be required to obtain and maintain an interim and/or final security clearance prior to entrance on duty. Failure to obtain and maintain the required level of clearance may result in the withdrawal of a job offer or removal.
• If you are a male applicant born after December 31, 1959, certify that you have registered with the Selective Service System or are exempt from having to do so.
• Initial SES Career appointee is subject to a one-year supervisory probationary period.
• Must have a J.D. from an accredited school.
• Active member of the bar, proof of good standing is required.
• VETERANS PREFERENCE DOES NOT APPLY TO THE SENIOR EXECUTIVE SERVICE
• All Federal employees are required by PL 104-134 to have federal payments made by direct deposit.
• 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.
• Complete a Declaration for Federal Employment to determine your suitability for Federal employment, at the time requested by the agency

Qualifications

THIS POSITION IS IN THE SENIOR EXECUTIVE SERVICE (SES): This position is designated as a General position. This position may be filled by 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:

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution. Candidates will not be hired based on their race, sex, color, religion, or national origin.

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 Executive Core Qualifications.

To meet the minimum qualification requirements for this position, you must show that you possess the Executive Core Qualifications (ECQ) and Technical Qualifications (TQ) related to this position within your resume - NOT TO EXCEED 2 PAGES. Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified. Your resume should include examples of experience, education, and accomplishments applicable to the qualification(s). If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.

ECQ 1 - Commitment to the Rule of Law and the Principles of the American Founding: Demonstrated knowledge of the American system of government, commitment to uphold the Constitution and the rule of law, and commitment to serve the American people.
ECQ 2 - Driving Efficiency: Demonstrated ability to strategically and efficiently manage resources, budget effectively, cut wasteful spending, and pursue efficiency through process and technological upgrades.
ECQ 3 - Merit and Competence: Demonstrated knowledge, ability, and technical competence to effectively and reliably produce work that is of exceptional quality.
ECQ 4 - Leading People: Demonstrated ability to lead and inspire a group toward meeting the organization's vision, mission, and goals, and to drive a high-performance, high-accountability culture. This includes, when necessary, the ability to lead people through change and to hold individuals accountable.
ECQ 5 - Achieving Results: Demonstrated ability to achieve both individual and organizational results, and to align results to stated goals from superiors

ALL CANDIDATES MUST FULLY ADDRESS ALL ITEMS UNDER 'EXECUTIVE CORE QUALIFICATIONS' WITHIN THE RESUME TO BE ELIGIBLE FOR CONSIDERATION.

There is NO requirement to prepare a separate narrative statement specifically addressing the Executive Core Qualifications (ECQs)

How you will be evaluated

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

Once the application process is complete, a review of your resume and supporting documentation will be conducted. Rating and Ranking to determine "Best Qualified" applicants 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 positive results from the assessment or structured interview process. If you meet minimum qualifications, your Application Package will be further reviewed to determine if you possess the Executive Core Qualifications (ECQs) listed above. ECQs must be thoroughly addressed within your two (2) page resume. Separate narratives will not be accepted or reviewed. Superior applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.

Upon selection, if not already a member of the SES serving under a career appointment, the individual selected must have his/her executive qualifications certified by the U.S. Office of Personnel Management's SES Qualifications Review Board (QRB) before appointment to this position. The selected individual's application will be forwarded to the OPM for review and certification by the QRB, unless the selectee provides evidence of their noncompetitive status (i.e., a current SES, OPM QRB certified SESCDP graduate, or SES reinstatement eligible). Upon QRB certification, the selected individual will be required to serve a one-year probationary period. For more information regarding the SES, go to Hiring and Talent Development for the Senior Executive Service

In addition to your responses to the occupational questionnaire and your resume, you must submit the following additional documents specific for this vacancy:

1. Your responses to the Occupational Questionnaire,
2. 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 hours worked per week and the dates of employment (i.e., HRS per week and 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.)
3. SF-50, Notification of Personnel Action (Current/Former Federal Employees) 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.
4. Most Recent Performance Appraisal (Current/Former Federal 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).
5. Proof of Active Bar Certification is required.

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