Associate General Counsel

About the role

Serve in a key advisory role at the Benefits Review Board (BRB) as Associate General Counsel for its Black Lung Division A in the Office of General Counsel, with responsibility for providing general and administrative directions to the Division's Staff Attorneys.

The BRB reviews appeals of decisions under the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act (and its extensions - including the Defense Base Act). This position is outside the bargaining unit.

What you will do

• of a precedential nature; those involving new or novel issues; those with conflicting evidence; or those affected by changed legislation.
• Provides first level management review and approval for most personnel actions involving assigned attorney staff, including performance ratings, performance improvement plans, awards, and disciplinary actions short of removal.
• Ensures consistent and responsible application of Department of Labor (DOL) and BRB performance, production, and personal and professional ethics rules.
• Listens to and resolves staff-related individual and group problems within the scope of assigned authority and recommends action on matters beyond that authority.
• Recommends disposition on major matters and takes direct action on minor concerns.
• Coordination Coordinates on matters of like concern with other Associate General Counsels, such as adjustments in case processing to better meet BRB production goals; the content and application of performance standards and production goals; assessment of training and development; program content and training needs; interpretation of amendments to controlling legislation; and application of decisions of higher courts departing from established precedent or reasoning.
• Advisory Services The Associate General Counsel - through extensive experience with and study of controlling law, court decisions, and past BRB interpretations and applications - provides both practical and incisive advice to the Chief Judge and Board Members in the treatment of specific issues and in the appropriate adjudication of cases.
• During day-to-day contact with the Board Members, counsels on matters such as disposition of similar cases in the past, relationship to cases in process, the practical effect of specific legal options on the immediate parties involved, and a particular decision's long-range impact.
• Discusses various possible interpretations on new or novel issues and possible treatment of issues on which U.S. Circuit Courts have given differing decisions.
• May explore issues in-depth, where appropriate, by conferring on specific cases to develop a consensus or by researching and preparing a memorandum, either personally or by delegating the assignment to a staff member.
• Actively seeks reasonable interpretation of current issues to maintain consistency and adherence to the doctrine of stare decisis.
• Provides advice where substantially differing opinions exist among Board Members.
• May be assigned continuing responsibilities to act in the absence of the General Counsel in managing the activities of BRB staff.
• Performs other duties as assigned.

Education

An LL.B. or J.D. is a requirement for this position. If you do not submit sufficient academic documentation necessary to demonstrate that you meet the eligibility and minimum qualification requirements described in this announcement, your application will be deemed incomplete and you will be ineligible for further consideration for this vacancy.

Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.

If your education was completed at a foreign college or university, you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.

How you will be evaluated

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: Demonstrated skill in researching and preparing well-written, organized, and persuasive legal documents.

Ability to make effective oral presentations in a clear and concise manner. Ability to establish and maintain effective liaison with supervisors, as well as other DOL and BRB staff. Ability to multi-task in a complex inter-disciplinary legal environment by timely reviewing facts, identifying and resolving issues, enumerating options, and formulating recommendations.

Skill in leading subordinate staff, developing performance standards, evaluating work, and determining training needs. 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, 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.). The examining Office of Human Resources (OHR) makes the final determination concerning applicant ratings.

Documents you must provide

• 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: Applicants must provide a resume either by creating one in USAJOBS or uploading one from their 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: You must provide proof that you are a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S. Transcript(s): 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.
• Unofficial transcripts may be submitted during the application phase of the process, although you will be required to submit official transcripts for verification purposes before you are hired.
• Please note that you must earn a J.D. or L.L.B degree before you can begin working.
• 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): DOL attorney appointments 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 DOL 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 here: attorney hiring.
• Cover Letter(s) are not mandatory and will not be used to verify experience but may be submitted.
• 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 trial period 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 period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

What to expect next

Once your complete application is received, we will conduct an evaluation of your qualifications and refer candidates for selection consideration. Candidates will be referred to the hiring manager for further consideration and possible interviews. You will be notified of the outcome.

A selection is expected to be made within 30 calendar days from the issuance date of the certificate. For instructions on how to check the status of your application, go to USAJOBS Help Guide. USAJOBS will no longer send status alert email notifications.

You can check your application status in the TAS by logging into USAJOBS; in the Applicant Dashboard, click the hiring agency Talent Acquisition System (TAS). If the TAS does not provide application tracking information, contact the agency's point of contact on the job announcement.

Additional information

Applicants must meet all legal and regulatory requirements.

Reference the Required Documents section for additional requirements. Supervisory Financial Disclosure - This position is subject to the confidential financial disclosure requirements of the Ethics in Government Act of 1978 (P.L. 95-521).

Therefore, if selected, you will be required to complete a Confidential Financial Disclosure Report (OGE Form 450) to determine if a conflict or an appearance of a conflict exists between your financial interest(s) and your prospective position with DOL. This information will be required annually.

DOL's mission is to protect the welfare of workers and job seekers, improve working conditions, expand high-quality employment opportunities, and assure work-related benefits and rights for all workers.

Refer to these links for more information: GENERAL INFORMATION, REASONABLE ACCOMMODATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES As a condition of employment, all personnel must undergo a background investigation for access to DOL facilities, systems, information and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION Click for Telework Eligibility Information.

Based on agency needs, additional positions may be filled using this vacancy. The Fair Chance Act (FCA) prohibits Federal agencies from requesting an applicant's criminal history information before the agency makes a conditional offer of employment.

If you believe a DOL employee has violated your rights under the FCA, you may file a complaint of the alleged violation following our agency's complaint process: Guidelines for Reporting Violations of the Fair Chance Act. Note: The FCA does not apply to some positions specified under the Act, such as law enforcement or national security positions.

All DOL employees are subject to the provisions of the Drug-Free Workplace Program under Executive Order 12564 and Public Law 100-71.