Supervisory Trial Attorney

Clarification from the agency

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.

The incumbent is responsible, under the general guidance of the Regional Solicitor, for the supervision and conduct of litigation and other legal work involved in the enforcement of labor statutes in the states of Pennsylvania, Delaware, Maryland, Virginia, West Virginia, and in Washington, DC under one or more of the following statutes and program areas: the Federal Mine Safety and Health Act of 1977; the Occupational Safety and Health Act; the Employee Retirement Income Security Act; Executive Order 11246; numerous federal whistleblower statutes; the Labor-Management Reporting and Disclosure Act; the Family and Medical Leave Act; the Public Contracts Act; Section 503 of the Rehabilitation Act; the Black Lung Benefits Act; the Fair Labor Standards Act; the Service Contract Act; the Contract Work Hours and Safety Standards Act; the Davis-Bacon Act; the Longshore and Harbor Workers Compensation Act; the Migrant and Seasonal Agricultural Worker Protection Act; the Civil Service Reform Act; and Title VII of the Civil Rights Act and other federal anti-discrimination statutes.

The incumbent reviews and assigns incoming cases affecting statutes and program areas for which incumbent is responsible. Assigns cases to staff attorneys, personally taking charge of major cases which present the most difficult and important factual and legal issues and/or require the assistance of one or more subordinates. Responsible for the pleadings and briefs prepared for filing and the complete preparation and trial of all cases. Generally, cases conducted by the incumbent have an immediate impact on the administration and interpretation of the relevant statute.

The incumbent represents the Regional Solicitor in dealing with federal agencies outside the Department, state institutions, state and local government officials, employees and employers and their attorneys, unions, business organizations, and other groups for such purposes as clarifying relationships, explaining Department and SOL policy, and securing cooperation for the Department s enforcement programs.

The incumbent analyzes and recommends for or against the institution of litigation with respect to matters referred by various agencies in the Department of Labor and recommends when cases should be appealed to the courts of appeals from the district courts and to various administrative
appellate entities from the administrative law judge level.

The incumbent provides guidance and direction to staff attorneys in the preparation and trial of complex cases, pre-trial and post-trial briefings, and questions pertaining to the settlement of cases short of litigation. The incumbent directs staff members engaged in furnishing assistance to
United States Attorneys in litigation in which the Department of Labor has an interest or responsibility and in amiczis appearances in litigation.

The incumbent serves as a principal management advisor to the Regional Solicitor in all areas of responsibility of the Regional Office. As requested, the incumbent acts as Regional Solicitor in the absence of that person and assists in planning, organizing, and directing the work of the office in carrying out its responsibilities for litigation and legal advisory services with respect to the various laws administered by the office. As assigned, the incumbent relieves the Regional Solicitor of other administrative management duties such as the analysis and resolution of operating problems, evaluation of employee performance, interview and selection of candidates for appointment, promotion, or awards, and the review of employee complaints.

The incumbent regularly deals with a variety of one-time or emergency types of situations in the absence of assigned attorneys who are away in connection with other litigation or for other reasons.

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.
• Appointment to the position may require a 1-year supervisory probationary period.

Qualifications

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE.

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 each grade level.

For GS-15 grade level, applicants must have four (4) years of post-law experience progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be Specialized Experience as defined below.

Specialized Experience: One year (52 weeks) of post-J.D. specialized experience at or equivalent to, the GS-15 level, in or directly related to this position. One year (52 weeks) of 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.

Specialized Experience that is qualifying grade for this position is described as the following: Experience that involves procurement law litigation and advice in a federal or comparable setting.

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

Transcripts: You must provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position, you will be required to submit an official transcript for verification purposes before you are hired. However, unofficial transcripts may be submitted during the application phase of the process. Please note that your J.D. or LL. B degree must be conferred before you can begin working.

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 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/potential ability to manage a trial litigation program area including the supervision of other attorneys' work in the preparation and trial of complex cases, pre-trial and post-trial briefings, and settlement of cases short of litigation. Demonstrated/potential ability to supervise attorneys' written work product as well as acting as an effective liaison with the client or client agency.
2. Demonstrated knowledge and ability to serve as a senior legal advisor on complex legal and policy issues concerning statutes, regulations and other authorities administered or enforced by the Department, including OSHA.
3. Ability to establish and maintain effective liaisons with high level Departmental officials, Regional Administrators and other program officials, supervisors and the general public and to assist senior level officials on special projects and initiatives.
4. Demonstrated ability to communicate effectively and persuasively both orally and in writing in a clear and concise manner including demonstrated experience in preparing and supervising the preparation of well-written, organized and persuasive legal documents addressing factually, legally or technically complex issues in a timely manner, and in providing effective feedback and instruction to attorneys and support staff to ensure the overall quality and effectiveness of litigation.
5. Demonstrated ability or potential ability to supervise, develop, and mentor attorneys and support staff; to lead and manage at every stage of litigation teams comprised of persons with different skill sets; and to work collaboratively and effectively with people.

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

INFORMATION FOR ICTAP/CTAP ELIGIBLE(S) ONLY: If you are eligible for special priority selection under ICTAP/CTAP, you must be well-qualified for the position to receive consideration. ICTAP/CTAP eligible(s) who are placed into Category well qualified or higher will be considered well-qualified. Be sure to review the eligibility questions to reflect that you are applying as an ICTAP or CTAP eligible and submit supporting documentation.

The information you provide may be verified by a review of your work experience and/or education, by checking references and through other means (ex. interview). 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 information you provide may be verified by a review of your paid, unpaid, volunteer, 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.).

The examining Office of Human Resources (OHR) makes the final determination concerning applicant ratings.

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, 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.
• 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.

• Displaced Employee Placement Documents: These documents are only required if you are requesting priority consideration under ICTAP/CTAP Eligibility. Applicants with disabilities (SCHEDULE A) applying under the area of consideration must submit proof of certification by counselors, State vocational rehabilitation agencies, or the Veterans Administration.

Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, or non-citizenship as allowable in Excepted Service hiring through P.L. 112-10, and the E-Verify system will be used to confirm the employment eligibility of all new hires.

As a condition of employment for accepting this position, you may be required to serve a 1 year probation 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 probationary your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

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