Review Vacancy
AgencyPublic Employment Relations Board
TitleAsst. Director Public Employment Practices and Representation, Trial Examiner, Assnt. Trial Examiner, Assnt. Trial Examiner Trainee
Bargaining UnitM/C - Management / Confidential (Unrepresented)
Salary RangeFrom $72429 to $124437 Annually
Minimum Qualifications Minimum Qualifications - Assistant Director of Public Employment Practices and Representation:
Admission to the New York State Bar and six years of substantial experience in the field of labor-management law and labor-management relations primarily under the Taylor Law or similar collective bargaining laws including but not limited to experience as a neutral deciding or resolving disputes over terms and conditions of employment or representation issues or as an employer or union advocate in the adjudication and resolution of such labor-management disputes. Experience in supervising staff must be evident.
Minimum Qualifications - Trial Examiner:
Admission to the New York State Bar and six years of substantial experience in the field of labor-management law and labor-management relations primarily under the Taylor Law or similar collective bargaining laws including but not limited to experience as a neutral deciding or resolving disputes over terms and conditions of employment or representation issues or as an employer or union advocate in the adjudication and resolution of such labor-management disputes.
Minimum Qualifications - Assistant Trial Examiner:
Admission to the New York State Bar and four years of substantial experience in the field of labor-management law and labor-management relations primarily under the Taylor Law or similar collective bargaining laws including but not limited to experience as a neutral deciding or resolving disputes over terms and conditions of employment or representation issues or as an employer or union advocate in the adjudication and resolution of such labor-management disputes.
Minimum Qualifications - Assistant Trial Examiner Trainee:
Graduation from an accredited law school. Admission to the New York State Bar is required within the first year of the traineeship. Exhibited interest in the field of labor-management law, labor-management relations and collective bargaining is expected.
Duties Description Duties Description - Assistant Director of Public Employment Practices and Representation (Phi Tag, M4):
In the absence of the director, the assistant director is responsible for performing the duties of the director, consistent with the statutes, rules of procedures and mission of the Public Employment Practices and Representation Office of the Board. In addition to other duties as may be assigned, the assistant director oversees all matters pertaining to regulation of improper and unfair labor practices and directs all matters pertaining to employee representation, including determination of the appropriate negotiating units, the designation of persons as either managerial or confidential, the supervision of elections to determine majority status and the eligibility for certification of employee organizations. The assistant director ensures compliance with management decisions, supervises training and performance of all office personnel, and edits written decisions of administrative law judges to assure consistency with precedent. Reviews all charges, petitions and applications which are insufficient under the Acts and the Rules of Procedures and promptly processes them. Responds to inquiries; convenes and presides at conferences to assist employers and employee organizations in resolving improper and unfair labor practice charges, or to enter into stipulations of fact which may eliminate or limit the need for a formal hearing; presides at quasi-judicial or administrative hearings which are of an adversarial or investigative nature concerning resolution of issues of fact and law; evaluates evidence; makes findings of fact and conclusions of law and renders written decisions or recommendations.
Duties Description - Trial Examiner (Phi Tag, M3):
Under the general direction of the director and assistant director, a trial examiner performs appropriate duties consistent with the mission of the Public Employment Practices and Representation Office of the Board. Pursuant to the Rules of the Board, a substantial amount of time is spent by the trial examiner in the preparation for, and conduct of prehearing conferences, assisting the parties to reach an agreement, and in the conduct of hearings if resolution is not possible. The trial examiner engages in legal research and prepares correspondence and other writings in response to inquiries received from PERB's constituents, as well as appearing before clientele groups. The trial examiner prepares a proposed decision in representation matters and in improper and unfair labor practice cases a decision which, in both types of cases, contains a statement of the issue and relevant facts, together with a discussion and analysis of appropriate precedents, and becomes binding on the parties if it is not appealed to the Board.
Duties Description - Assistant Trial Examiner (Phi Tag, M1):
Under the supervision of the director, assistant director or a trial examiner, the assistant trial examiner performs all of the duties of a trial examiner in less complex matters. Specifically, the assistant trial examiner conducts legal and factual research for use in the preparation of correspondence, legal opinions, cases for court trial or quasi-judicial hearings; investigates representation, improper and unfair labor practice, and management/confidential matters to ascertain facts prior to the litigation of legal issues; proposes findings of fact and conclusions of law to be included in confidential memoranda; assists the trial examiners generally in preparation of decisions in improper and unfair labor practice cases; develops background information for hearings and conferences. Assists and conducts elections and less complex hearings and conferences.
Duties Description - Assistant Trial Examiner Trainee (Phi Tag, traineeship to M1):
Under the direct supervision and direction of the deputy chair, director of employment practices, counsel or a trial examiner, the assistant trial examiner trainee learns to perform the duties of an assistant trial examiner. Specifically, the trainee assists in legal and factual research; investigates representation, improper and unfair labor practice, and management/confidential matters prior to the litigation of legal issues; proposes findings of fact and conclusions of law; assists trial examiners in preparation of decisions in improper and unfair labor practice cases; and may conduct less complex elections and conferences.
Additional Comments PLEASE READ: The New York State Public Employment Relations Board (PERB) seeks to fill one or more positions in its Trial Examiner series of titles to meet the agency’s mission of providing labor-management relations services under the Public Employees’ Fair Employment Act (commonly referred to as the Taylor Law) and the New York State Employment Relations Act. Length of time and specific experience in the field of labor-management law and labor-management relations will determine which titles are appropriate for each candidate.
Some positions may require additional credentials or a background check to verify your identity.
Email Address perbinfo@perb.ny.gov
Address
Empire State Plaza, Agency Building 2
Notes on ApplyingPLEASE READ: Please email a cover letter to Chairperson John F. Wirenius with a resume, writing sample, and a list of three references including one management representative and one labor representative to perbinfo@perb.ny.gov with the subject line “Application for Trial Examiner Series” followed by your name. Applications received on or before August 19, 2016 will be considered. PERB is an equal opportunity employer and does not discriminate on the basis of race, age, ethnicity, disability, sexual orientation, gender, military status, religion or any other prohibited category.