Senior Assistant General Counsel – Labor and Employment

Description

The Education Secretariat is committed to equity and valuing the unique and diverse characteristics and experiences of every member of its workforce.

We encourage an authentic workplace where colleagues show up as their full selves, and collaboration, innovation, and connections are key to realizing our mission that all children, youth, and families thrive socially, academically, and economically.

We seek teammates who are committed to promoting a diverse and inclusive work environment where everyone is valued and engaged.

We encourage you to apply and identify your strengths in these areas.

Job Title : Senior Assistant General Counsel Labor and Employment

Reports to : Chief Legal Counsel

Position Overview :

The Department of Higher Education (Department) seeks a highly motivated individual committed to public service to serve as the Department’s Senior Assistant General Counsel Labor and Employment.

The Board of Higher Education (BHE) istheemployerofrecord asestablishedin Chapter 150E of the MassachusettsGeneralLawsforallthecollectivebargainingagreementsaffectingthe 15 community colleges and nine state universities.

The Department is the BHE’s state executive agency, and the Senior Assistant General Counsel directs all employeeand labor relations activities on behalf of the BHE and the Department.

The Senior Assistant General Counsel also serves as the Department’s Director of Affirmative Action, Diversity, and Equal Opportunity programs.

This position primarily reports to the Chief Legal Counsel and has reporting responsibilities to the Deputy Commissioner for Administration, Finance, and Operations.

ResponsibilitiesincludeassistancetotheDepartmentofHigherEducation’slegalstaffand the human resources staff on matters of employment affecting employees of the Department of Higher Education, the Board of Higher Education, and the community colleges and state universities.

Essential Job Functions

• Serves as lead negotiator for all employee and labor relations activities, including negotiatingcollectivebargainingcontractsonbehalfoftheBoard and theDepartmentofHigher Education.
• Provides legal advice and delivers resolutions to legal issues as they relate to recruiting, hiring, discrimination, discipline, terminations, wage and hour, privacy, American Disabilities Act (ADA) and Family Medical Leave Act (FMLA);

applicationofTitleVII,ADA,ADEA,FMLA,FLSA,andotherfederal and state employment laws and regulations.

• Conductsanddirectscollectivebargainingnegotiations andassistsin selecting the negotiating teams. Reviews all management proposals for compliance with policy, financial parameters, and law and assists in developing economic parameters.
• Provides campus advocacy and representation on labor relations matters and workscollaborativelywithcampusHumanResourcesdepartments to assess the implication of new legislation and anticipated developments likely to affect policies and practices and also works collaboratively to determine necessary responses and changes in policies and procedures.
• Participatesin, advises, andinfluencesthedecision-makingprocesswithappropriate parties and stakeholders.
• Responsiblefordevelopingcostestimatesandsupplementalappropriation requests to fund collective bargaining agreements in consultation with and under the direction of the Deputy Commissioner of Administration, Finance, and Operations.
• Advisescollegecampusstaffconcerningtheinterpretationandadministrationof collective bargaining agreements.
• OverseestheprovisionofHealthandWelfareprogramsofferingdentalandother benefits to all employees and their families, evaluates the efficiency of the administrative operations and quality of services provided, and serves as a board member for the Health and Welfare Fund of the Massachusetts Teachers Association (MTA).
• Acts as Director of Affirmative Action and collaborates with campus Human ResourceDirectors,aswellas campus legalcounsel,todraft and update Segmental Affirmative Action and Equal Opportunity Plans to ensure compliance with state and federal law, including Title IX laws and regulations.
• DefendstheBoardofHigherEducation’sinterestincollectivebargainingmatters pending before arbitrators or before the State Labor Relations Commission.
• Develops, revises, and updates as necessaryandmonitorspoliciesgoverningnon-unitpersonnelat community colleges and state universities.
• Oversees the community college and state university grievance procedures, ensuring a timely resolution to outstanding grievances according to collective bargainingagreementguidelines, is directlyresponsibleforStepIVhearingsand reallocation / classification hearings, and supervises hearing officers.
• Developsandconductscontinuoustrainingforcampushumanresourcesdirectors and management to help ensure adherence to best practices and legal compliance.
• AdvisestheBoardofHigherEducation, as well as the Presidents,VicePresidents, and other administrative officials atthe campuses, on matters related to collective bargaining and other areas as necessary.
• ServesaskeyliaisontotheExecutiveOfficeofAdministrationandFinance,the Comptroller, and the Human Resources Division on implementing relevant state and federal laws, including the Affordable Care Act.
• Performsrelateddutiessuchaspreparingreports,correspondence,andposition papers and conductingand / or attending conferences and meetings on campus.

Significant travel throughout the Commonwealth is required.

Performsotherdutiesthatmaybeassignedbythe Chief Legal Counsel, the DeputyCommissionerof Administration, Finance, and Operations, and / or the Commissioner of Higher Education.

Qualifications

EducationandExperience :

• AdmittedtoMassachusettsBarasamemberin goodstanding
• Eligible to practice law in the Commonwealth of Massachusetts
• Atleast3 to 7 yearsofsupervisoryormanagerialexperienceasanattorneyin labor relations with experience as a lead negotiator
• FamiliaritywithMassGeneralLawsandFederallawsgoverningcollective bargaining and Equal Employment Opportunity (EEO)
• Abilitytonegotiatecomplexissueswithintighttimeconstraints;strong analytical and problem-solving skills
• Demonstratedsuccessin managing,training, and developingstaff
• Knowledgeoftheprinciples,practices,andtechniquesofsupervisionand organizational behavior, and employee evaluation.

Skillsandattributes :

Advanced skills to coach management through conflict resolution, performancemanagement,correctiveaction,progressivediscipline,andjust cause in public employment

• Demonstratedabilitytoworkcollaborativelywithothersandachieve consensus and progress on complex issues
• Exemplaryethicalstandards
• Respect for Diversity and awareness of cultural competency
• Excellentwriting,verbalpresentation,analytic,andpresentation skills both in-person and in online / virtual settings (e.

g., teleconference and videoconference)

• Knowledge of and experience in legal research methods and procedure
• Abilitytotakeinitiative,usesoundjudgmenttomakedecisions,resolve problems, and work effectively with all levels of staff and constituents
• Ability to exercise discretion in handling confidential information
• Ability to adjust to varying situations to meet emergency or changing requirements.
• Abilitytounderstand,apply,andinterprettheprovisionsofthelaws, regulations, policies, and procedures governing agency operations
• Professional, courteous manner
• Flexible, analytical thinking

PreferredQualifications :

Eight to fifteen years of progressive experience in labor / employee relations and collective bargaining including experience in representing management in employment law contracts, employee handbooks, wage and hour law, discrimination,unemploymentcompensation,unfairlaborpractices,employee discipline and discharge, severance agreements, and employment litigation.

Possess a current and valid Massachusetts Class D Motor Vehicle Operator’s License.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package.

We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics?