Assistant Counsel (Working Title: Associate Counsel) Position Available In Albany, New York

Basics Schedule Location Job Specifics How to Apply Indicates whether if this vacancy posting is part of the

NY HELPS

Program. NY HELP No The agency in which the vacancy exists. Agency Employee Relations, Office of The job title for the vacancy. Title Assistant Counsel (

Working Title:

Associate Counsel) The job title for the vacancy. Occupational Category Legal The salary grade for this vacancy. Salaries are determined by salary grade and bargaining unit. Salary Grade NS The collective bargaining unit to which this vacancy is assigned. Bargaining Unit M/C – Managerial/Confidential (Unrepresented) The minimum and maximum of the salary range for this vacancy. Salary Range From $115283 to $145682 Annually Indicates whether this job is full-time or part-time. If the job is part-time, an estimated percentage will be provided. Employment Type Full-Time This indicates the type of job, typically permanent, temporary, or provisional. ‘Provisional’ means that the appointment will be temporary until the incumbent takes and passes an appropriate civil service examination. Appointment Type Permanent Jurisdictional class is the indicator for how this job can be filled. The classified service is governed by the Civil Service Commission, and consists of competitive, non-competitive, exempt, and labor classes. ‘Competitive class’ indicates that the applicant must take and pass an appropriate civil service examination. ‘Non-competitive class’ indicates that the applicant’s qualifications will be evaluated without a civil service examination. ‘Exempt class’ indicates that the applicant will be evaluated by methods other than competitive or non-competitive, and that incumbents will not be granted tenure. ‘Labor class’ requires that applicants possess skills or other physical characteristics that cannot effectively be evaluated by other means. The unclassified service is legislatively defined, and includes such positions as elected officials, department and agency heads, and all academic personnel in public schools, colleges, and universities. Jurisdictional Class Exempt Class Estimates the percentage of time incumbents of this vacancy will be required to travel. Travel Percentage 0% This provides information on the expected workweek. Workweek Mon-Fri The number of hours in the workweek, typically 37.5 or 40 for full time, or any other number for part time. Hours Per Week 37.5 Workday The start time for this vacancy. If the agency employs flextime, this will be the earliest time this vacancy’s shift can start. From 9 AM The end time for this vacancy. If the agency employs flextime, this will be the latest time this vacancy’s shift can end. To 5 AM If checked, the agency allows flextime. Flextime allowed? No If checked, this vacancy includes mandatory overtime. Mandatory overtime? No If checked, this agency allows compressed workweek scheduling. Compressed workweek allowed? No If checked, this agency allows telecommuting for this position. Telecommuting allowed? Yes The county in which the vacancy is located. County Albany The street address where the vacancy is located. Street Address Agency Building 2 – 13th Floor Empire State Plaza The city where the vacancy is located. City Albany The state where the vacancy is located (the default is New York). State NY The zip code where the vacancy is located. Zip Code 12223 The duties that the incumbent of the vacancy will be expected to perform. Duties Description Under the general supervision of the Deputy Counsel, the Associate Counsel performs a full range of general legal duties associated with OER’s statutory charge and mission. Illustrative duties include, but are not limited to, the following:

• Represent Executive Branch agencies in contract arbitrations arising from the collectively negotiated agreements between the State and ten unions representing fourteen bargaining units, which includes preparing files, selecting and preparing witnesses, presenting evidence before the arbitrator, performing legal research and preparing pre- and post-hearing memoranda.
• Represent the State in proceedings before the Public Employment Relations Board (PERB), including mediation, representation petitions, bargaining unit clarification petitions, management/confidential designation petitions, improper practice charges and requests for injunctive relief.

PERB proceedings require attending and preparing for pre-hearing conferences and administrative hearings, preparing written and oral presentations before PERB, including answers, briefs, affidavits, memoranda of law, motions and various other legal submissions.

• Present the State’s case in binding interest arbitration and fact-finding proceedings for the Troopers Unit; the Commissioned and Non-Commissioned Officers Unit; the Unit Consisting of Investigators, Senior Investigators and Investigative Specialists; the Security Services Unit; the Security Supervisors Unit; and the Agency Police Services Unit.
• Develop OER’s legislative proposals and pay bills, review and comment on other State agency proposals and review and comment on bills pending before the Governor.
• Advise the Director, Counsel, Deputy Counsel and client agencies on legal issues affecting OER and the State as employer, including issues arising out of the Public Employees’ Fair Employment Act (the “Taylor Law”), the Public Officers Law, the Civil Service Law, the Labor Law, Workers Compensation Law, the Freedom of Information Law, employee drug and alcohol testing, the Fair Labor Standards Act, the Military Law, the Omnibus Transportation and Employee Testing Act, the Health Insurance Portability and Accountability Act, the Americans With Disabilities Act, the Human Rights Law, the Family and Medical Leave Act, retirement issues, the Federal Clean Air Act, and other issues on the federal, State, and local level, as appropriate.

• Participate in collective bargaining by serving as legal advisor to negotiating teams, negotiating discipline and contract grievance provisions, and developing contract language.
• Provide assistance to, and liaison with, the State Attorney General concerning civil litigation involving crucial labor and employment issues, as well as in defending actions filed against OER or in actions in which OER is a moving party.
• Review proposed contracts between OER and independent contractors.
• Prepare general correspondence referred by the Governor and outside agencies.
• Update and advise Executive Branch agencies on recent labor developments, new laws and mandates, court and arbitration decisions and PERB determinations.
• Advise Executive Branch agencies on interpretation and administration of collective bargaining agreements negotiated by the Office of Employee Relations
• Conduct training of human resource and employee relations practitioners of Executive Branch agencies.
• Administer one or more of the triage and expedited arbitration processes that cover eight of fourteen bargaining units. This includes the scheduling of cases, preparation of files and presentation of the State’s arguments before the triage arbitrator and representatives of the union.
• Participate on joint labor/management committees charged with oversight and/or evaluation of programs and issues including, but not limited to, employee training and development, workers’ compensation benefits, health insurance benefits, health and safety initiatives, non-permanent employees and staffing.
• Advise OER’s Division of Administration on legal matters related to procurement of goods and services including, but not limited to, contractual arrangements with vendors. The minimum qualifications required for this vacancy. Minimum Qualifications
• Admission to the New York State Bar and four years of experience in the practice of law subsequent to admission to the Bar.
• Labor and employment law experience is preferred.
• Litigation experience is preferred.
• Excellent communication, interpersonal, and advanced writing and editing skills.
• A satisfactory equivalent combination of appropriate experience and education as determined by the NYS Office of Employee Relations.

Additional comments regarding the vacancy. Additional Comments Work Hours and Telecommuting will be discussed during the interview. The Office of Employee Relations does not discriminate on the basis of race, color, national origin, age, sexual orientation, religion, disability, or other protected class status in the admission to, access to, or employment in their programs or activities.

REASONABLE ACCOMMODATION

The Office of Employee Relations/Labor Management Committees provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify HR@oer.ny.gov or 518-473-3467.

NOTE ON TELECOMMUTING

The Office of Employee Relations/Labor Management Committees employees may be approved for a maximum of 50% telecommuting, however, they are required to apply and obtain approval through management in accordance with The Office of Employee Relations/Labor Management Committees Telecommuting Program Guidelines. Some positions may require additional credentials or a background check to verify your identity. The name of the contact person for this vacancy. Name Human Resources The telephone number to use for questions about this vacancy. Telephone The fax to use for this vacancy. Fax Email address for emailing applications, or to ask questions about this vacancy. Email Address resume@oer.ny.gov Address The street address of the contact for this vacancy. Street 2 Empire State Plaza 8th Floor The city for the contact for this vacancy. City Albany The state of the contact for this vacancy (the default is New York). State NY The zip code for the contact for this vacancy. Zip Code 12223 Instructions for potential applicants. Notes on Applying Please reference Vacancy No. 190207 when applying. To apply, please send cover letter and resume to resume@oer.ny.gov (M.S. Word or PDF is the preferred format). Hard copy via US Mail is also accepted.