This position is located in the Division of Judges of the National Labor Relations Board (NLRB). The primary function of an Administrative Law Judge (ALJ) of the NLRB is to hear and initially decide unfair labor practice cases and other cases involving the National Labor Relations Act (NLRA), as amended (29 USC Sec. 151). Hearings are conducted pursuant to the Administrative Procedure Act (APA) and the applicable case law and rules and regulations of the NLRB.
Summary
This position is located in the Division of Judges of the National Labor Relations Board (NLRB). The primary function of an Administrative Law Judge (ALJ) of the NLRB is to hear and initially decide unfair labor practice cases and other cases involving the National Labor Relations Act (NLRA), as amended (29 USC Sec. 151). Hearings are conducted pursuant to the Administrative Procedure Act (APA) and the applicable case law and rules and regulations of the NLRB.
Federal Administrative Law Judges; and lawyers with 10 years experience. Applicant should have at least 7 years of litigation experience in labor law or related employment law. (E.O) 13843 titled "Excepting Administrative Law Judges from the Competitive Service" (83 FR 32755). More than one selection may be made from this vacancy notice.
As an Administrative Law Judge, AL-0935-3, your typical work assignments may include:
Presiding at hearings and issuing decisions in cases that are often complex and sensitive and involve hotly contested and controversial issues. All hearings are adversarial, with parties usually represented by counsel.
Conducting pre-trial conferences to simplify the issues in a case, including helping the parties achieve settlement without a trial, ruling on petitions to revoke subpoenas, and ruling on other motions both before and during the hearing.
Conducting hearings involving contested issues, regulating the course of hearings, governing the conduct of attorneys and witnesses, and controlling the questioning of witnesses.
Receiving and ruling on admissibility of evidence and, as necessary, examining witnesses; determining when the record is complete and requiring the production of additional evidence as necessary to establish an adequate record.
Analyzing and evaluating the evidence, determining the credibility of witnesses, and resolving disputed issues of fact and conflicts in testimony; considering all arguments and briefs and rendering a written decision that defines the issues, resolves conflicts and makes findings of fact and conclusions of law, applying the relevant legal principles under the NLRA and decisions of the NLRB.
Traveling to sites throughout the United States and its territories. Travel is required and may be considerable. The ALJ may be required to remain in travel status for a week at a time. On occasion, particularly at the beginning of their tenure, an ALJ may be required to travel for several consecutive weeks.
Writing and issuing decisions in a timely manner without the assistance of a full-time law clerk, and achieving a reasonable number of dispositions, including both settlements and decisions issued.
Subject to a background investigation prior to appointment.
Locality pay will be detemined upon selection.
Males born after 12/03/59 must be registered for Selective Service.
This is an Excepted Service position.
Must submit a complete resume and application package online by 11:59 PM EST on the closing date.
Subject to financial disclosure requirements.
Subject to frequent travel throughout the US and its territories.
Qualifications
Mandatory Qualifications:
Must be a practicing lawyer and or judge for at least 10 years with at least 7 years litigation and/or administrative law experience.
Experience and knowledge of the substantive law, rules, regulations, and procedures of the NLRA, as well as general litigation and administrative law principles. In the absence of such experience and knowledge, candidates should have experience and knowledge in related fields, particularly those involving labor and employment law. Experience in litigating adversarial cases is strongly preferred.
Through experience as a practicing lawyer or judge, demonstrated ability to preside over and manage an adversarial hearing in which parties are generally represented by counsel.
Through experience as a practicing lawyer or judge, demonstrated ability to work independently, analyze applicable facts and law, and write and issue timely, logical, and comprehensive decisions without law clerk or supervisory assistance.
Through experience as a practicing lawyer or judge, demonstrated ability to: settle or mediate disputes involving adversarial parties; maintain proper judicial temperament and demeanor; and communicate and cooperate with counsel, witnesses, chief judges responsible for assigning cases, administrative support staff, court reporters, interpreters, as well as other agency and government officials.
Experience with using a computer to communicate, write decisions, and perform research through electronic means, such as Westlaw.
This experience must be fully supported and articulated in your resume to receive consideration.
(NOTE: All current or former Federal employees must provide a copy of their SF-50 "Notice of Personnel Action" that indicates proof of status and time-in-grade eligibility. The SF-50 must include your position, title, series, grade, step, tenure (2), and type of service must be Excepted Service).
BAR MEMBERSHIP AND CERTIFICATION
Applicants must have a J.D. or its equivalent from an accredited law school; licensure and authorization to practice law under the laws of a state, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the U.S. Constitution.
An "active"[1] bar status and/or membership in "good standing" for at least ten years total in at least one jurisdiction in which the applicant is admitted (an active "judicial" bar membership is acceptable); seven years of relevant litigation or administrative law experience; and knowledge of the National Labor Relations Act, or knowledge of other similar laws.
Your active bar license must reference bar number and indicate the status of good standing. Agency's Internal Self-Certification Forms are not acceptable for verification.
Education
An applicant must have successfully completed a full course of study in a school of law accredited by the American Bar Association (ABA) and have the first professional law degree (J.D. OR LL.B.).
Education must be accredited by an accredited institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications.
All education claimed by applicants will be verified by the appointing agency accordingly. You must meet all qualification requirements. (Required - if applicable) All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, please click here.
Special Instructions for Foreign Education
If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in accredited U.S. education programs; or full credit has been given for the courses at a U.S. accredited college or university.
For further information regarding Foreign Education, please click here.
Additional information
COVID-19 MANDATE: As required by Executive Order 14043, Federal employees are required to be fully vaccinated against COVID-19 regardless of the employee's duty location or work arrangement (e.g., telework, remote work, etc.), subject to such exceptions as required by law. If selected, you will be required to be vaccinated against COVID-19 and submit documentation of proof of vaccination by November 22, 2021, or before appointment or onboarding with the agency, if after November 22. The agency will provide additional information regarding what information or documentation will be needed and how you can request of the agency a legally required exception from this requirement.
SUPPLEMENTARY VACANCIES: Supplementary vacancies may be filled in addition to the number stated in this announcement.
CONSIDERATION OF VETERANS' STATUS: While there is no formal rating system for applying veterans' preference to administrative law judge positions in the excepted service, the Department considers veterans' preference eligibility as a positive factor in ALJ hiring.
EQUAL EMPLOYMENT OPPORTUNITY/REASONABLE ACCOMMODATION: The National Labor Relations Board is an equal opportunity employer. All qualified applicants will receive consideration for appointment without regard to race, color, national origin, religion, sex (including pregnancy, gender identity, and sex orientation), age, disability, genetic information, political affiliations, or any other non-merit factor. Applicants with disabilities who need reasonable accommodations for any part of the application and hiring process should contact the Agency's Selective Placement Coordinator by email here. NLRB offers a wide array of reasonable accommodations and programs for individuals with disabilities. (Note: for additional information for job seekers with disabilities, please click on the following website here)
REASONABLE ACCOMMODATION POLICY: Federal agencies must provide reasonable accommodation to applicants with disabilities as appropriate. Applicants requiring reasonable accommodation for any part of the application process should follow instructions in the job announcement.
WORK SCHEDULE: NLRB supports the use of flexible work schedules as a way to help attract and retain talented individuals in public service, increase worker productivity, and better prepare the agency to operate during emergencies. This position may be authorized for telework.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
All applicants will be evaluated on the Qualifications for this position. Suitability for the position will be determined from review of the application documents, including applicant's resume and writing samples.
Experience in relevant NLRB law or related labor and employment law.
Experience in evidentiary and procedural rules in adversary administrative or court proceedings.
Ability to fairly preside over and control adversary proceedings.
Ability to write clear and cogent decisions, including factual statements resolving credibility resolutions and application of those factual statements to the applicable law with appropriate analysis.
Ability to work independently and issue timely decisions without supervision or law clerk assistance.
In assessing the above, references provided by the applicant, as well as other persons knowledgeable about the applicant's experience, skill and ability may be consulted.
A committee of NLRB judges will review and rate qualified applicants. The finalists may be interviewed as part of the review process. The committee will then make recommendations to the Chief Administrative Law Judge, who will, in turn, make recommendations to the Board, which shall make the final selections and appointments to the position.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
- Resume. Your resume must describe your job-related experiences and will be used to verify your qualifications. Therefore, it is important that the information be relevant, detailed where appropriate, and addresses the competencies for this position. Your resume must contain the dates of employment (i.e., month/year to month/year or month/year to present). If your resume does not contain this information, your application may be marked as incomplete and you will not receive consideration for this position.
- Two writing samples. Samples must be either decisions in cases where adversarial parties were represented by counsel, or briefs in such cases which the applicant participated as counsel before a judge or court. If available, briefs addressing NLRB law are encouraged.
- Three References. Must include the names, titles, addresses, including email addresses of references who are able to vouch for above stated relevant abilities and experience. Judges and supervisors who worked closely with applicant are preferred.
- Proof of Bar Certification. A copy of your bar License that certifies 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 US Constitution (An active "judicial" bar membership is acceptable). Your active bar license must reference bar number and indicate the status of good standing. Agency's Internal Self-Certification Forms are not acceptable for verification.
Other documents (if applicable):
- Notification of Personnel Action (SF-50). (Current or Former Federal Employee). Most recent SF-50 showing your current grade and tenure. (A SF-50 showing highest (permanent) grade ever held, if different from your current grade.) (NOTE: Performance Award, Realignment/Reassignment, Name Change and Detail SF-50s will not be accepted as proof of grade and tenure.) If you are applying for a higher grade, please provide a SF-50 or SF-50s which shows the length of time in the current/highest grade to support meeting time in grade requirement. Examples of appropriate SF-50s include Promotions, With-In Grade/Range Increases, and SF-50s with dates that show proof of you holding the grade for at least a year.
-For Disabled Veterans: DD-214, SF-15 and VA letter dated 1991 or later (indicating % disability)
-For Certain Military Spouses: Copy of service member's PCS order authorizing the spouse to accompany the service member AND Proof of marriage to the service member; OR Proof the service member was released or discharged from active duty due to a service-connected disability AND documentation of the service member's 100% disability AND proof of marriage to the service member; OR Proof the service member's death while on active duty AND proof of marriage to the service member.
Failure to submit any of the required or applicable documents by the closing date of the vacancy will result in your removal from consideration for this position. Please review your application prior to final submission and ensure you have submitted all appropriate documents. Uploading documents to USAJOBS does NOT ensure inclusion with your application to our system. You must verify that the documents are in the system with your application prior to final submission.
All materials must be received by the closing date of this announcement 11/16/2021 to be considered.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
To apply for this position, you must provide a complete Application Package, which includes 1) Your resume and 2) any other documents needed to verify your qualifications or eligibility (see the Required Documents section).
Please follow the instructions listed below for submitting your complete application package. Application procedures are specific to this vacancy announcement. Please read all instructions before you begin.
To begin the process, click the APPLY ONLINE button at the right side of this screen to create an account or log in to your existing USAJOBSaccount. Follow the prompts to complete the occupational questionnaire. Please ensure you click the SUBMIT MY ANSWERS button at the end of the process.
If you have never applied through USA Jobs for a position with the Federal Civil Service, you will need to create a USA Jobs account. To change or update your application, simply reapply through My USAJOBS, before the closing date. New or updated resumes are considered "incomplete" applications until the required virus scan is cleared. To check the status of your application, log into your USAJOBS account, select Application Status and click on the more information link under the application status for this position.
- Resume. Your resume must describe your job-related experiences and will be used to verify your qualifications. Therefore, it is important that the information be relevant, detailed where appropriate, and addresses the competencies for this position. Your resume must contain the dates of employment (i.e., month/year to month/year or month/year to present). If your resume does not contain this information, your application may be marked as incomplete and you will not receive consideration for this position.
- Two writing samples. Samples must be either decisions in cases where adversarial parties were represented by counsel, or briefs in such cases which the applicant participated as counsel before a judge or court. If available, briefs addressing NLRB law are encouraged.
- Three References. Must include the names, titles, addresses, including email addresses of references who are able to vouch for above stated relevant abilities and experience. Judges and supervisors who worked closely with applicant are preferred.
- Proof of Bar Certification. A copy of your bar License that certifies 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 US Constitution (An active "judicial" bar membership is acceptable). Your active bar license must reference bar number and indicate the status of good standing. Agency's Internal Self-Certification Forms are not acceptable for verification.
Other documents (if applicable):
- Notification of Personnel Action (SF-50). (Current or Former Federal Employee). Most recent SF-50 showing your current grade and tenure. (A SF-50 showing highest (permanent) grade ever held, if different from your current grade.) (NOTE: Performance Award, Realignment/Reassignment, Name Change and Detail SF-50s will not be accepted as proof of grade and tenure.) If you are applying for a higher grade, please provide a SF-50 or SF-50s which shows the length of time in the current/highest grade to support meeting time in grade requirement. Examples of appropriate SF-50s include Promotions, With-In Grade/Range Increases, and SF-50s with dates that show proof of you holding the grade for at least a year.
-For Disabled Veterans: DD-214, SF-15 and VA letter dated 1991 or later (indicating % disability)
-For Certain Military Spouses: Copy of service member's PCS order authorizing the spouse to accompany the service member AND Proof of marriage to the service member; OR Proof the service member was released or discharged from active duty due to a service-connected disability AND documentation of the service member's 100% disability AND proof of marriage to the service member; OR Proof the service member's death while on active duty AND proof of marriage to the service member.
Failure to submit any of the required or applicable documents by the closing date of the vacancy will result in your removal from consideration for this position. Please review your application prior to final submission and ensure you have submitted all appropriate documents. Uploading documents to USAJOBS does NOT ensure inclusion with your application to our system. You must verify that the documents are in the system with your application prior to final submission.
All materials must be received by the closing date of this announcement 11/16/2021 to be considered.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
To apply for this position, you must provide a complete Application Package, which includes 1) Your resume and 2) any other documents needed to verify your qualifications or eligibility (see the Required Documents section).
Please follow the instructions listed below for submitting your complete application package. Application procedures are specific to this vacancy announcement. Please read all instructions before you begin.
To begin the process, click the APPLY ONLINE button at the right side of this screen to create an account or log in to your existing USAJOBSaccount. Follow the prompts to complete the occupational questionnaire. Please ensure you click the SUBMIT MY ANSWERS button at the end of the process.
If you have never applied through USA Jobs for a position with the Federal Civil Service, you will need to create a USA Jobs account. To change or update your application, simply reapply through My USAJOBS, before the closing date. New or updated resumes are considered "incomplete" applications until the required virus scan is cleared. To check the status of your application, log into your USAJOBS account, select Application Status and click on the more information link under the application status for this position.
