Chief Counsel DLR

The Massachusetts Department of Labor (DLR) is seeking a Chief Counsel. The DLR is a neutral agency charged with administering the Commonwealth's collective bargaining statutes. The DLR exercises jurisdiction over public sector employers in Massachusetts and the labor organizations that represent their employees. In addition, the DLR's jurisdiction extends to a small number of private sector employers who do not fall under the jurisdiction of the National Labor Relations Board. The DLR processes representation petitions and charges alleging prohibited practices and it provide mediation and arbitration services.

The Commonwealth Employment Relations Board (CERB), the appellate body within the DLR, is responsible for reviewing appeals of hearing officer decisions and issuing final agency decisions. The CERB's final decisions are appealable to the Massachusetts Appeals Court.

The Joint Labor Management Committee (JLMC) is a Committee within the DLR charged with oversight responsibility for all collective bargaining negotiations involving municipal police officers and firefighters.

The selected candidate will represent the DLR in all legal matters including the following:

• 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
• 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 directed
• Advise the Director regarding procedural case processing issue such as deferral to arbitration
• Attend DLR Advisory Council Meetings
• Participate in appropriate bar association or other professional organization activities.
   

Working with the Director and Chief Hearing Officer, the selected candidate will be expected to assist in formal staff evaluations and, as necessary, assist with training staff in all phases of case handling, including investigations, hearings, decision writing, arbitration, and mediation.

 The candidate will act as a labor law resource for the DLR by staying current on developments in labor law and labor relations and providing guidance and training to the Director, CERB, JLMC and staff on matters that could affect cases processed by the DLR.

The candidate will also perform other duties assigned by the Director.

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, appellate litigation experience preferred.