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Effective January 25, 2024, Executive Order #627 cements the Commonwealth's well-established practice of skills-based hiring, paving the way to a more equitable hiring process. The Commonwealth is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to serve our citizens. Join us today!

Job Description - Chief Counsel DLR (250002WS)

The Massachusetts Department of Labor (DLR) is a neutral agency charged with administering the Commonwealth's collective bargaining statutes. The DLR includes the Commonwealth Employment Relations Board (CERB) which hears appeals of various DLR cases, and the Joint Labor Management Committee (JLMC), which mediates collective bargaining negotiations involving municipal police officers and firefighters.

The DLR is seeking a Chief Counsel to represent the DLR and its component agencies in court and to provide legal advice and guidance to the DLR Director, CERB, JLMC and staff on matters that could affect cases processed by the DLR. In this position, you will be part of the team that implements newly-enacted M.G.L. c.150F (Ballot Question 3), the statute that “creates the opportunity for ride-share drivers to unionize and negotiate on an industry-wide basis with transportation network companies (Uber, Lyft, etc.) to raise the standards for the terms and conditions of work in this industry.”

Duties include, but are not limited to:

• Act as appellate counsel for the CERB by assembling records, drafting briefs, making oral arguments and otherwise defending CERB decisions in the Massachusetts Appeals Court or the Supreme Judicial Court.
• Represent the DLR and JLMC in court litigation, including seeking injunctive relief and enforcing the CERB’s orders in Superior Court.
• Advise the CERB on appeals from hearing officer probable cause decisions, full hearing officer decisions and interlocutory appeals and review CERB work product prior to issuance.
• Work with the Director to update DLR regulations as needed.
• Provide advice and oversight to the DLR, CERB and JLMC regarding public records law, personnel matters, open meeting laws and other legal matters.
• Review and approve written work prepared by staff, as needed.
• Advise the Director regarding procedural case processing issues such as deferral to arbitration.
• Attend DLR Advisory Council Meetings.
• Participate in appropriate bar association or other professional organization activities.

Qualifications:

• Member in good standing of the Massachusetts Bar with annual certification and registration by the Board of Bar Overseers.
• Five years' experience practicing law.

Preferred Qualifications:

• At least six (6) years of full-time, or equivalent part-time, legal experience in a regulatory, government, corporate legal department, or at a governmental agency, including litigation experience.
• Two (2) years of litigation experience, particularly in appellate litigation.
• Experience in writing legal briefs and/or adjudicatory decisions and oral advocacy ability.
• Strong interpersonal and communication skills.
• Five (5) years of labor law or labor relations experience.

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have at least (A) six (6) years of full-time or, equivalent part-time, professional, administrative, supervisory, or managerial experience in a particular specialty (i.e. scientific, professional, or technical) and must possess current license and/or registration requirements established for the performance of the position, of which (B) at least two (2) years must have been in a supervisory or managerial capacity or (C) any equivalent combination of the required experience and substitutions below.

Substitutions:

1. A certificate in a relevant or related field may be substituted for one (1) year of the required (A) experience.
2. A Bachelor’s degree in a related field may be substituted for two (2) years of the required (A) experience.
3. A Graduate degree or higher in a related field may be substituted for three (3) years of the required (A) experience.
4. A Doctorate degree in a related field may be substituted for four (4) years of the required (A) experience.

An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

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If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator : Dennis Johnson - 617-626-5111

Bargaining Unit : M99-Managers (EXE)

Confidential : Yes

Potentially Eligible for a Hybrid Work Schedule : Yes