Title: Labor Counsel

Pay Grade: Senior Management 2

Starting Pay: $115,943.04- $171,381.87/yr.

Departmental Mission Statement: The Trial Court Legal Department reports to the Chief Justice of the Trial Court and the Court Administrator. The Legal Department handles a wide range of legal matters that arise within the Executive Office of the Trial Court and the Office of Court Management (OCM). The Legal Department represents the Trial Court in labor and employment matters, including before the Massachusetts Commission Against Discrimination (MCAD), the Department of Labor Relations, and in arbitrations arising from the Trial Court’s collective bargaining agreements. The Legal Department’s attorneys also work directly with the Office of the Attorney General in its legal representation of the Trial Court, its departments, officers, judges and employees in litigation brought in state and federal courts. The Legal Department advises the Chief Justice of the Trial Court, the Court Administrator, the Directors of the OCM Departments, the Office of the Commissioner of Probation, the Office of Jury Commissioner, and the Deputy Court Administrators and attorneys for the seven Departmental Administrative Offices of the Trial Court on legal issues and problems.

ORGANIZATIONAL PROFILE: http://www.mass.gov/courts/admin/hr.html

Notes:

This position is designated as management position and is covered by the Trial Court Personnel Policies and Procedures Manual.   

Starting salary is based on applicant experience. 

 

Position Summary: Working within the Legal Department of the Executive Office of the Trial Court, the Labor Counsel is responsible for overseeing labor and employment litigation, including representing the Trial Court as the employer and advising Trial Court officials on labor and employment issues. The Labor Counsel either supervises others who conduct litigation or prepares for and conducts litigation of complex labor and employment issues before State and, on occasion, Federal Courts; the Department of Labor Relations; the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission. The Labor Counsel may on occasion act as a liaison to the Office of the Attorney General in employment litigation involving the Trial Court. The Labor Counsel supervises the Deputy Labor Counsel and a labor and employment attorney. The Labor Counsel advises the Chief Human Resources Officer and the Deputy CHRO for Labor Relations on collective bargaining issues and contributes to the formulation of policies.

 

Supervision Received: Reports to the General Counsel and Deputy General Counsel and receives general oversight in performing duties that require significant independent judgment and initiative.

Duties: Under the supervision of the General Counsel and Deputy General Counsel Labor Counsel is responsible for the following:

Researching legal issues, preparing legal memoranda, opinion letters, pleadings and briefs;

Preparing witnesses, engaging in discovery, and litigating labor and employment matters;

Providing advice on labor and employment issues and applicable law to the Court Administrator, the Chief Human Resources Officer, Trial Court judges, managers and employees;

Planning and conducting training sessions for Trial Court personnel on Trial Court employment policies, discipline, grievance arbitration, employee promotion and selection and related issues;

Supervising subordinate employees as assigned, including assigning cases, reviewing written work and providing necessary training;

Representing the Trial Court in grievance arbitrations;

Representing the Trial Court in hearings conducted at the Massachusetts Commission Against Discrimination;

Contributing to the ongoing formulation and negotiation of employment policy as outlined in the Trial Court Personnel Policies and Procedures Manual and collective bargaining agreements;

Demonstrating knowledge and ability in the use of personal computers and related software, including HR/CMS (Oracle/PeopleSoft) and MS Office;

Providing interpretation of personnel policies and procedures to managers and employees;

Leading special projects; and

Performing related duties as required.

Job Competencies: All applicants must be able, through the interview process, to prove efficiency in the following areas:

Ethics and Values: Communicates and demonstrates the ethics and values of the Trial Court.
Mission: Understands, upholds, and communicates the Trial Court and Legal Department missions.
Applied Knowledge: Demonstrated experience using knowledge of employment law and labor relations to represent the Trial Court in labor and employment cases.
Problem Solving: Accurately assesses workplace problems in the Trial Court and recommends and facilitates appropriate solutions.
Customer Service: Conducts oneself in a courteous and professional manner towards both Trial Court employees, counsel and the public.
Collaboration: Works with others cooperatively, demonstrating a willingness to be a team player, and contributing to a work environment that focuses on shared departmental goals.
Commitment to Diversity: Promotes an environment of diversity through understanding, respect, and positive communication with persons of varied racial, ethnic, economic, and cultural backgrounds.
Continuous Learning: Demonstrates a commitment to continuously improving himself or herself through professional development.

 

Minimum Requirements: These are the minimum requirements necessary to apply for the position of Trial Court Labor Counsel:

Graduation from an accredited law school;

Membership in the Massachusetts Bar and a minimum of (6) six years of work experience practicing labor and employment law and litigation;

Advanced skills and abilities in performing legal research and drafting legal memoranda and briefs;

Professional Development: Must have a background that demonstrates a history of regular professional development; demonstrating a record of initiating best practices and innovative approaches to conducting labor relations and employment litigation.

OTHER POSITION REQUIREMENTS:

High degree of knowledge, skills and abilities in labor and employment law acquired through formal training and experience;

Demonstrated ability to provide legal opinions and represent the Trial Court in complex and non-routine matters, including researching issues and conducting litigation;

Ability to thoughtfully and appropriately advise Trial Court managers in handling a variety of employee performance issues and to create plans for improvement and/or impose necessary discipline;

Advanced knowledge and experience in applying the defined principles of antidiscrimination and sexual harassment policy;

Strong interpersonal skills and the ability to work professionally with persons at all levels, including judges, and to maintain effective working relationships;

Ability to communicate clearly and effectively in oral and written form;

Ability to analyze problems and to develop feasible solutions;

Ability to adapt quickly to changing circumstances and develop creative solutions to time-sensitive problems and issues;

Ability to handle sensitive matters on a confidential basis;

Working knowledge of research techniques, methods and procedures;

Ability to develop and conduct training programs; and

Ability to handle highly confidential material with unfailing discretion.

 

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Employment with the Trial Court is contingent upon passage of a criminal record check.