Summary
The incumbent of this position serves as Solicitor of the Board, reporting directly to the Board members, which positions are filled by Executive appointment and excepted by statute. The Board administers Title I of the Labor Management Relations Act of 1947, as amended, performing and directing all functions except those expressly reserved by law to the General Counsel or those delegated to the General Counsel by the Board.
Duties
The incumbent advises and consults with the entire Board on all matters arising before the Board for determination or decision, requiring attendance at all Board meetings, i.e., full Board meetings at which cases are reported and decided; meetings of the Board and the General Counsel; other meetings of an executive nature at which legal and policy matters, of substantive or administrative nature, are considered and decided. Advice is rendered on the following: on legal questions involving the Board's general operations and functions; on cases before the full Board for decision, which present major questions of law and policy, particularly with respect to legal sufficiency, principles, techniques, standards, policies and Board and Court precedents; on scope of Board functions with respect to the delegation by the Board to the General Counsel and to regional offices when specific operating problems or issues develop; on interpretation of provisions of the Labor Management Relations Act, 1947, as amended, and related Acts; on general overall implication of Board decisions in light of probable future litigation and of Federal and State laws; on probable impact on Board and/or Agency as a whole of proposed legislation for NLRB and/or related Federal Agencies; on inter-agency proposals that may require negotiations between other agencies and the Board, and/or the Board and its General Counsel; on Board cases in the Courts of Appeals and the Supreme Court, contempt proceedings in the courts, out-of-court efforts to comply with Board orders, and on other related Federal and State Court proceedings. Reviews for the Board recommendations of the General Counsel not to enforce Board Orders in the courts, and, in important cases or those presenting unusual or specific legal problems, proposals for settlement and compliance with Board orders and court decrees; determines the appropriate course of action and advises the General Counsel's Office, accordingly, referring to the Board for decision only those cases which require establishment of new policy or modification of present Board policies. Reviews for the Board recommendations of the General Counsel as to whether certiorari should be sought in the Supreme Court, recommendations to seek injunctions under Sec. 10 (j) of the Act, proposals to proceed in contempt, and proposals to intervene or participate in state or federal court proceedings involving other parties; makes recommendations thereon to the Board; upon approval by the Board, issues appropriate notices to the officials of the General Counsel's organization. Reviews for the Board and recommends whether to deny or grant appeals from rulings of Administrative Law Judges during the course of hearings on complaint cases. At the direction of the Board, acts for the Board, in consultation with Office of Congressional and Public Affairs (OCPA), in conference at the White House, in contacts with Members of Congress, key officials of the Department of Justice and other Federal Agencies, Members of the Bar, and the general public, in giving legal opinions on questions involving the Board's operations and interpretations of the statute and the Board and Court decisions under it regarding the impact of proposed legislation on operations of the Board and/or Agency as a whole. Acts for the Board in contacts with officials of the General Counsel's organization and serves as the legal adviser to officials of the Executive Secretary's Office, the OCPA, and the Office of the Chief Information Officer, advising and consulting on cases or issues and furnishing legal interpretations in light of the Board's position and policies, and opinions on general questions of law and administration. On behalf of the Board, and in collaboration with OCPA, replies to inquiries from the White House, Members of Congress, Congressional Committees, officials of other Agencies, Members of the Bar, and the general public, interpreting the statute and the Board and Court decisions under it. Independently or upon referral from the Board, drafts legal documents and legal memoranda or correspondence, over own signature or that of Chairman of the Board, to effectuate the Board's decisions on matters of law and policy, not relating to the final decision of cases. Reviews for legal necessity and sufficiency and recommends to the Board proposals for changes in the Board's Rules and Regulations and Statements of Procedure. Reviews for legal sufficiency drafts of sections of the annual Performance and Accountability Report and other formal reports to Congress or the public, which have been prepared by other offices of the Agency. Upon request, acts for the Board Members in appropriate litigation requiring appearance in any Court on behalf of the Board. Performs miscellaneous activities which may be assigned for special study, opinion, and recommendation. Performs other duties as required.
Education
Applicant must possess a J.D. or LL.B. degree and be a member of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. The selectee will be required to provide proof of current bar membership prior to appointment. ALL APPLICANTS must submit proof of successful completion of education requirements. This proof may consist of a law school transcript, copy of diploma from the applicant's law school, or other documentation which provides clear and specific proof of education, such as a current SF-50 demonstrating that the applicant is currently occupying a position in the 905 series. Education completed in foreign colleges or universities may be used to meet the requirements for this position if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is the responsibility of the applicant to provide such evidence by the closing date of the announcement.
How you will be evaluated
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