Deputy Labor Counsel-Legal Department

Title: Deputy Labor Counsel-Legal Department

Pay Grade: Senior Management 1

Starting Pay: $109,034.12-160,799.86/Yr.

Departmental Mission Statement: The Trial Court Legal Department reports to the Chief Justice of the Trial Court and the Court Administrator. The Legal Department handles a wide range of legal matters that arise within the Executive Office of the Trial Court and the Office of Court Management (OCM). The Legal Department represents the Trial Court in labor and employment matters, including before the Massachusetts Commission Against Discrimination (MCAD), the Department of Labor Relations, and in arbitrations arising from the Trial Court’s collective bargaining agreements. The Legal Department’s attorneys also work directly with the Office of the Attorney General in its legal representation of the Trial Court, its departments, officers, judges and employees in litigation brought in state and federal courts. The Legal Department advises the Chief Justice of the Trial Court, the Court Administrator, the Directors of the OCM Departments, the Office of the Commissioner of Probation, the Office of Jury Commissioner, and the Deputy Court Administrators and attorneys for the seven Departmental Administrative Offices of the Trial Court on legal issues and problems.

ORGANIZATIONAL PROFILE: http://www.mass.gov/courts/admin/hr.html

Notes:

This position is designated as management position and is covered by the Trial Court Personnel Policies and Procedures Manual.   

This posting will remain open for a total of four weeks, however, preference will be given to candidates that applied during the initial 14 day posting period.

This position will have occasional travel.

Starting salary is based on applicant experience. 

Position Summary:  Working within the Legal Department of the Executive Office of the Trial Court, the Deputy Labor Counsel is responsible for representing the Trial Court in labor and employment cases and advising Trial Court officials on labor and employment issues, including, but not limited to, discipline, internal complaints and leaves. The Deputy Labor Counsel prepares for and conducts litigation of complex labor and employment issues before the Department of Labor Relations, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission and, on occasion, the Massachusetts Superior Court, and in arbitration. The Deputy Labor Counsel acts as liaison to the Office of the Attorney General in Trial Court employment litigation. The Deputy Labor Counsel may supervise a staff employment and labor attorney in matters related to labor and employment litigation. The Deputy Labor Counsel may assist the Labor Counsel in advising the Chief Human Resources Officer and the Deputy CHRO for Labor Relations on collective bargaining issues and contributes to the formulation of bargaining proposals and policies.

Supervision Received: Reports to the Labor Counsel and, ultimately, to the General Counsel and Deputy General Counsel of the Legal Department in performing duties that require independent judgment and initiative.

Duties: Under the supervision of the Labor Counsel, General Counsel and Deputy General Counsel, the Deputy Labor Counsel is responsible for the following:

Conducting grievance arbitration before arbitrators;

Representing the Trial Court on complaints filed at the Massachusetts Commission Against Discrimination, EEOC, and/or the Division of Labor Relations, which includes:

Preparing witnesses, conducting investigations, and engaging in discovery;

Developing information necessary for litigation, grievances and other related matters;

Writing briefs or other hearing-related memoranda.

Assisting Labor Counsel in providing advice on labor and employment issues and applicable law to the Court Administrator, the Chief Human Resources Officer, the Deputy CHRO for Labor Relations, Trial Court judges, managers, and employees;

Researching legal issues and drafting related memoranda;

Contributing to the ongoing formulation and negotiation of policy as outlined in the Trial Court Personnel Policies and Procedures Manual and collective bargaining agreements;

Demonstrating knowledge and ability in the use of personal computers and related software, including HR/CMS (Oracle/PeopleSoft) and MS Office;

Participating in training sessions on labor and employment related topics;

Providing advice on the interpretation of personnel policies and procedures to managers and employees;

Leading special projects; and

Performing related duties as required.

Job Competencies: Job Competencies: All applicants must be able, through the interview process, to prove efficiency in the following areas:

Ethics and Values: Communicates and demonstrates the ethics and values of the Trial Court.
Mission: Understands, upholds, and communicates the Trial Court’s and Legal Department’s missions.
Applied Knowledge: Demonstrates experience using knowledge of employment law and labor relations to represent the Trial Court in labor and employment cases.
Problem Solving: Accurately assesses workplace problems in the Trial Court and recommends and facilitates appropriate solutions.
Customer Service: Exbibits courteous and professional conduct towards both Trial Court employees and the public.
Collaboration: Works with others cooperatively, demonstrating a willingness to be a team player, and contributing to a work environment that focuses on shared departmental goals.
Commitment to Diversity: Promotes an environment of diversity through understanding, respect, and positive communication with persons of varied racial, ethnic, economic, and cultural backgrounds.
Continuous Learning: Demonstrates a commitment to continuous improvement through professional development.

Minimum Requirements: These are the minimum requirements necessary to apply for a position of Deputy Labor Counsel:

A Law Degree and membership in the Massachusetts Bar;

A minimum of (5) Five years of practical experience in labor-management relations and labor-related litigation and employment is required;

Prior public sector employment litigation experience is preferred;

Professional Development: Must have a background that demonstrates a history of regular professional development and a record of initiating best practices and innovative approaches to conducting labor relations and employment litigation.

OTHER POSITION REQUIREMENTS:

Knowledge, skills and abilities in labor and employment law acquired through formal training and experience;

Demonstrated ability to provide legal opinions and represent the Trial Court in complex, non-routine matters, including researching issues and conducting litigation;

Ability to advise Trial Court managers thoughtfully and appropriately in handling a variety of employee performance issues and to create plans for improvement and/or impose necessary discipline;

Knowledge and experience in applying the defined principles of anti-discrimination and sexual harassment policy;

Strong interpersonal skills and the ability to work professionally with persons at all levels, including judges, and to maintain effective working relationships;

Ability to communicate clearly and effectively orally and in writing;

Ability to analyze problems and to develop feasible solutions;

Ability to adapt quickly to changing circumstances and develop creative solutions to time-sensitive problems and issues;

Ability to handle sensitive matters on a confidential basis;

Working knowledge of research techniques, methods and procedures; and

Ability to handle highly confidential material with unfailing discretion.