This job originated on www.usajobs.gov. For the full announcement and to apply, visit www.usajobs.gov/job/638388800. Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.
This position is located in the Department of Labor, Office of the Solicitor, Mine Safety and Health Division. The Division is responsible for providing all legal services to officials of the Mine Safety and Health Administration (MSHA), other Department of Labor (DOL) and government officials, and the general public in matters relating to enforcement, interpretation, and application of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended.
02/18/2022 to 03/28/2022
$148,484 - $176,300 per year
GS 15
1 vacancy in the following location:
Yes—as determined by the agency policy.
Occasional travel - Some travel will be required
No
Permanent
Full-time - Full Time
Excepted
15 - This position is at the Full-Performance Level (FPL).
Yes
No
EX-22-SOL-10
638388800
Current excepted service federal employees.
Federal employees who meet the definition of a "surplus" or "displaced" employee.
U.S. Citizens, Nationals or those who owe allegiance to the U.S.
U.S. Citizens; CTAP eligibles in the local commuting area; Non-Citizens as allowed by law. This is an Excepted Service position. This job will be filled through an alternative hiring process and is not in the competitive civil service. Applicants selected for an excepted service position may be subject to a one-year trial period.
Duties
The Counsel for Appellate Litigation is responsible for the review and direction of the work of various Division attorneys and support staff in providing legal services relating to: (1) the review and analysis for possible appeal of decisions rendered by the Federal Mine Safety and Health Review Commission (Commission); (2) the preparation and presentation of DOL’s case, either as petitioner or respondent, including motions, the preparation of appellate briefs, and the presentation of oral arguments before the various U.S. Courts of Appeals; (3) handling appeals of ALJ decisions to the Commission; (4) handling appeals to the MSHA Assistant Secretary of modification decisions; and (5) responding to operator appeals under Federal Rule of Appellate Procedure 60(b).
The incumbent guides, reviews, and directs attorneys assigned to the counsel area in: (1) the process whereby adverse decisions rendered by the Commission are analyzed with a view toward appeal in the appropriate U.S. Court of Appeals; and (2) the process by which ALJ decisions are appealed to the Commission. The incumbent is personally responsible for overseeing the preparation of pleadings, briefs, and other legal documents. Incumbent is also responsible for recommending to the Associate or Deputy Associate Solicitor whether there should be a petition for certiorari in the Supreme Court.
Incumbent ensures the quality and uniformity of work through the assigning, supervising, and review of all briefs, records, and related legal documents. The incumbent provides guidance to attorneys on litigation matters and cases that present novel issues, involve especially difficult questions of fact and law, pertain to large mining corporations that span DOL regional boundaries or otherwise involve questions of litigation policy of broad significance to the mine safety and health enforcement program.
The incumbent is responsible for the direction of MSHA-related appellate litigation from the Washington, D.C. and Arlington, Virginia headquarters.
The incumbent is responsible for making assignments for any oral arguments before the various courts and the Commission. A major responsibility is the pacing of the development of the various cases to distribute the workload evenly, afford less-experienced attorneys appropriate training, and meet court filing deadlines in a timely manner. In especially important cases, the incumbent may be called upon to prepare the petition, briefs, and any other type of document necessary for the presentation of the Department's case and for argument of the case.
The incumbent is responsible for the review and direction of all work in the assigned area and for passing on the adequacy of petitions and briefs. The incumbent is also responsible for the day-to-day supervision of subordinate attorneys and staff, including tasks typically associated with supervisory positions, such as writing performance appraisals, etc.
In addition to the appellate litigation duties, the incumbent provides advice and assistance, when needed and as appropriate, to the Trials Branch and Standards Branch of the MSH Division, to other SOL offices in the Regions or in Headquarters, to other Department of Labor officials, and to Department of Justice and officials in other government offices outside the Department of Labor.
SUPERVISION AND GUIDANCE RECEIVED:
The incumbent is under the administrative direction of the Associate Solicitor and Deputy Associate Solicitor, which for the most part is given in general terms, leaving wide latitude for the exercise of independent judgment in all except the most unusual, difficult, or important policy matters. Review by the Associate or Deputy Associate Solicitor is on the broadest considerations of overall performance and is usually limited to conformance with DOL and SOL policy. The incumbent is responsible for keeping the Associate and Deputy Associate informed on a timely basis of all sensitive matters pertaining to the work assigned and for coordinating related work assignments with other Counsels.
SUPERVISION EXERCISED:
The incumbent plans and coordinates the work. Resolves operating problems and controls work results through staff meetings, work conferences, and the review of work products. Evaluates job performance and assigns performance ratings. Obtains recognition for quality work performance. Interviews and selects candidates to fill vacant positions. Reviews and approves or disapproves leave requests. Recommends action to effect personnel changes (e.g., reassignment, training, promotion, disciplinary action) necessary to ensure high quality technical efforts. Considers employees’ complaints, resolves differences and implements suitable corrective action. Observes all policy and regulations concerning equal employment opportunity and labor management relations.
Applicants must meet all legal and regulatory requirements. Reference the "Required Documents" section for additional requirements.
Notification Concerning COVID-19 Vaccinations. As required by Executive Order 14043, Federal executive branch 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 to submit documentation of proof of vaccination or to be in the process of requesting an exception to the vaccination requirement before appointment or onboarding with the agency. The agency will provide additional information regarding which forms of documentation can be accepted and how you can request to be considered for a legally required exception from this requirement.
Currently, implementation and enforcement of Executive Order 14043 has been suspended pursuant to an injunction pending further litigation.
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, four (4) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.
Specialized experience, for this grade level, is experience that demonstrates a thorough and broad knowledge of the basic principles in the legal profession and outstanding technical competence in the solution of unusual, complex, and difficult problems. Applicants must have litigation experience which includes analyzing and conducting legal research on complex questions regarding statutory and regulatory interpretation, preparation of legal pleadings, memoranda and briefs in factually, technical and/or legal complex cases, participation in oral arguments before appellate tribunals, and application of rules of appellate procedure and principles of appellate strategy. Applicants must exhibit the ability to work in a supportive and professional manner with staff, attorney supervisors, client agency representatives at a high level, and Commission and court personnel.
Note: An LL.M may be substituted for a maximum of one year experience.
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.
Position Telework eligibility is determined by management based on position duties during the recruitment process. Employee participation in telework on a routine or situational basis is determined by management primarily based on business needs. Employees participating in telework are subject to the terms and conditions of the Department of Labor’s Telework Program.
DOL seeks to attract and retain a high performing and diverse workforce in which employees’ differences are respected and valued to better meet the varying needs of the diverse customers we serve. DOL fosters a diverse and inclusive work environment that promotes collaboration, flexibility and fairness so that all individuals are able to participate and contribute to their full potential.
Refer to these links for more information: GENERAL INFORMATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES
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.
You will be evaluated for this job based on how well you meet the qualifications above.
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:
Please respond to these evaluation factors in three pages or fewer.
It is the responsibility of the applicant to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.
INFORMATION FOR CTAP/ICTAP ELIGIBLE(S) ONLY: If you are eligible for special priority selection under CTAP or ICTAP, you must be well-qualified for the position to receive consideration. CTAP/ICTAP eligible(s) who are placed into Category B or higher will be considered "well-qualified." Be sure to review DOL Account Eligibility Questions #24 to reflect that you are applying as an ICTAP or CTAP eligible and submit supporting documentation.
The information you provide may be verified by a review of your work experience and/or education, by checking references, and through other means (ex. interview).
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.
As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. Warning: If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission. You are not required to submit a document if it does not apply to you.
-Resumes are required - provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and the 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: Should you be selected for this position, you will be required to submit documentation verifying that 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 U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.
- Transcript(s): Should you be selected for this position, you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M must submit a copy of their transcripts for verification.
- 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 https://www.fedshirevets.gov
You may also find more information on positive considerations for attorney hiring.
- Displaced Employee Placement Documents: These documents are only required if you are requesting priority consideration under ICTAP/CTAP Eligibility. Applicants with disabilities (SCHEDULE A) applying under the area of consideration must submit proof of certification by counselors, State vocational rehabilitation agencies, or the Veterans Administration.
- Cover Letter(s) are not mandatory and will not be used to verify experience, but may be submitted.
Applicants selected for employment that 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.
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
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 complete the initial online application, including submission of the required documentation specified in the "Required Documents" section.
Follow the steps below to apply. Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time (ET) 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.
SAVE your information before the 30 MINUTE 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.
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 title and click the "Apply" button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Click “Start Application” and proceed through the 5 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. At Step 5, click “Continue to Agency Site”.
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 7 progress steps indicated by circles at the top of the DOL page. The 3rd progress step is where you answer the vacancy specific questions. The 4th progress step "Documents" is where you submit required documents (only if applicable to you) specified in the "Required Documents" section of this vacancy. If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission.
STEP 4 – On the “Review and Submit” step, click “Submit Application” The last “Confirmation” step will turn green noting that your application was submitted successfully.
STEP 5 - Edit Application as needed by 11:59 pm ET of Closing Date by returning to USAJOBS, clicking the vacancy, then “Update Application”.
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 interview. 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 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 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. Warning: If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission. You are not required to submit a document if it does not apply to you.
-Resumes are required - provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and the 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: Should you be selected for this position, you will be required to submit documentation verifying that 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 U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.
- Transcript(s): Should you be selected for this position, you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M must submit a copy of their transcripts for verification.
- 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 https://www.fedshirevets.gov
You may also find more information on positive considerations for attorney hiring.
- Displaced Employee Placement Documents: These documents are only required if you are requesting priority consideration under ICTAP/CTAP Eligibility. Applicants with disabilities (SCHEDULE A) applying under the area of consideration must submit proof of certification by counselors, State vocational rehabilitation agencies, or the Veterans Administration.
- Cover Letter(s) are not mandatory and will not be used to verify experience, but may be submitted.
Applicants selected for employment that 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.
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
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 complete the initial online application, including submission of the required documentation specified in the "Required Documents" section.
Follow the steps below to apply. Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time (ET) 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.
SAVE your information before the 30 MINUTE 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.
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 title and click the "Apply" button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Click “Start Application” and proceed through the 5 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. At Step 5, click “Continue to Agency Site”.
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 7 progress steps indicated by circles at the top of the DOL page. The 3rd progress step is where you answer the vacancy specific questions. The 4th progress step "Documents" is where you submit required documents (only if applicable to you) specified in the "Required Documents" section of this vacancy. If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission.
STEP 4 – On the “Review and Submit” step, click “Submit Application” The last “Confirmation” step will turn green noting that your application was submitted successfully.
STEP 5 - Edit Application as needed by 11:59 pm ET of Closing Date by returning to USAJOBS, clicking the vacancy, then “Update Application”.
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 interview. 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 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 point of contact on the job announcement.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
This job originated on www.usajobs.gov. For the full announcement and to apply, visit www.usajobs.gov/job/638388800. Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.
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https://www.dol.gov/general/jobs/vacancy-information#marketing-statement
Interested persons can also obtain information about working at SOL through the new “SOL Ambassadors Program” (https://www.dol.gov/agencies/sol/careers/ambassadors).