Serve in a key advisory role to 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 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.
Summary
Serve in a key advisory role to 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 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 is an Excepted Service position and is open to the BOARDS employees only (BRB, ARB, and ECAB) within the Department of Labor. This position will be filled through an alternative hiring process and is not in the competitive civil service.
This position can be filled in any of these locations: Washington, DC; Milwaukee, WI; New Orleans, LA; or Morgantown, WV.
Reviews cases assigned to Senior and Staff Attorneys in the proposal and final disposition phases of case development, including those 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 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, linkage 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.
Requires a trial period if the requirement has not been met.
Appointment to this position may require a background investigation.
You will be required to submit a Confidential Financial Disclosure Report, OGE-450.
You will be required to serve a one-year supervisory probationary period if the requirement has not been met.
You will be required to submit to Suitability/Fitness for the Trust Determination Process.
Qualifications
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE.
To qualify for an attorney position, applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.; and have acquired the amount of experience indicated below for each grade level.
GS-15 grade level: Applicants must have four (4) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year (52 weeks) of qualifying experience must be specialized experience commensurate with the duties and responsibilities of the position at a level close to the work of this job that has given you the particular knowledge, skills, and abilities required to successfully perform the job.
Specialized Experience: One year (52 weeks) of post-J.D. specialized experience at or equivalent to, the GS-14, in or directly related to this position.
Specialized Experience that is qualifying for this position is described as:
Having a working knowledge of the Black Lung Benefits Act, as amended, 30 U.S.C §§901-944, or the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§901-950, and its extensions; or similar experience through appellate or federal law, such as workers' compensation experience. Candidates will have demonstrated the ability to lead subordinate staff; apply analytical, research, and writing skills; evaluate and review cases; and provide advice and recommendations to Board Members or equivalent on the appropriate adjudication of cases.
NOTE: A LL.M. may be substituted for a maximum of one year of experience.
Transcripts: 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; therefore, you will be required to submit an official transcript for verification purposes before you are hired. However, unofficial transcripts may be submitted during the application phase of the process. Please note that your J.D. or LL. B degree must be conferred before you can begin working.
Writing Sample: In addition to your transcript applicants must also provide an unedited legal writing sample that is no more than ten (10) pages long with your application in order to receive further consideration. The writing sample can a portion of a brief or memorandum.
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.
Additional information
Applicants must meet all legal and regulatory requirements. Reference the Required Documents section for additional requirements.
Supervisory Financial Disclosure (if applicable) - 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.
The mission of the Department of Labor (DOL) 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.
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.
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.
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
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.
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 Departmental and Board 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, volunteer, 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.
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.
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 (If Applicable): 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): Attorney appointments within the Department of Labor 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 Department of Labor 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 for 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 trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
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.
Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.
Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time on the vacancy closing date to receive consideration.
Paper applications and supplemental documents submitted in any other manner without prior approval from the vacancy contact will not be considered. Click here for information on Reasonable Accommodations.
Important - Save your information before the 30 minute system timeout! For help, go to USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents. Your resume must provide sufficient information to substantiate your responses to the self-assessment vacancy questions. If not, HR may amend your responses to more accurately reflect the competency indicated by resume content. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete.
NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.
STEP 2 - Complete the 1st part of the application process (USAJOBS). Once you have identified a job on USAJOBS that you wish to apply for, click on the job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. In the final step, once you have certified your application, click the Continue to agency site button.
STEP 3 - Complete the 2nd part of the application process (DOL). On the Department of Labor (DOL) page, create a DOL Account if you have not already and click Apply to this vacancy. Continue through the progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step Documents is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.
STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.
STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.
NOTE: It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
Office of the Secretary of Labor
200 Constitution Avenue NW
Washington, DC 20210
US
Next steps
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 and 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.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
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 (If Applicable): 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): Attorney appointments within the Department of Labor 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 Department of Labor 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 for 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 trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
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.
Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.
Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time on the vacancy closing date to receive consideration.
Paper applications and supplemental documents submitted in any other manner without prior approval from the vacancy contact will not be considered. Click here for information on Reasonable Accommodations.
Important - Save your information before the 30 minute system timeout! For help, go to USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents. Your resume must provide sufficient information to substantiate your responses to the self-assessment vacancy questions. If not, HR may amend your responses to more accurately reflect the competency indicated by resume content. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete.
NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.
STEP 2 - Complete the 1st part of the application process (USAJOBS). Once you have identified a job on USAJOBS that you wish to apply for, click on the job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. In the final step, once you have certified your application, click the Continue to agency site button.
STEP 3 - Complete the 2nd part of the application process (DOL). On the Department of Labor (DOL) page, create a DOL Account if you have not already and click Apply to this vacancy. Continue through the progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step Documents is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.
STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.
STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.
NOTE: It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
Office of the Secretary of Labor
200 Constitution Avenue NW
Washington, DC 20210
US
Next steps
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 and 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.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
