Senior Assistant General Counsel – Labor and Employment

Senior Assistant General Counsel – Labor and Employment 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) is the employer of record as established in Chapter 150E of the Massachusetts General Laws for all the collective bargaining agreements affecting the 15 community colleges and nine state universities. The Department is the BHE’s state executive agency, and the Senior Assistant General Counsel directs all employee and 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.

Responsibilities include:

• Serves as lead negotiator for all employee and labor relations activities, including negotiating collective bargaining contracts on behalf of the Board and the Department of Higher 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); application of Title VII, ADA, ADEA, FMLA, FLSA, and other federal and state employment laws and regulations.
• Conducts and directs collective bargaining negotiations and assists in 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 works collaboratively with campus Human Resources departments 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.
• Participates in, advises, and influences the decision-making process with appropriate parties and stakeholders.
• Responsible for developing cost estimates and supplemental appropriation requests to fund collective bargaining agreements in consultation with and under the direction of the Deputy Commissioner of Administration, Finance, and Operations.
• Advises college campus staff concerning the interpretation and administration of collective bargaining agreements.
• Oversees the provision of Health and Welfare programs offering dental and other 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 Resource Directors, as well as campus legal counsel, to draft and update Segmental Affirmative Action and Equal Opportunity Plans to ensure compliance with state and federal law, including Title IX laws and regulations.
• Defends the Board of Higher Education’s interest in collective bargaining matters pending before arbitrators or before the State Labor Relations Commission.
• Develops, revises, and updates as necessary and monitors policies governing non-unit personnel at community colleges and state universities.
• Oversees the community college and state university grievance procedures, ensuring a timely resolution to outstanding grievances according to collective bargaining agreement guidelines, is directly responsible for Step IV hearings and reallocation/classification hearings, and supervises hearing officers.
• Develops and conducts continuous training for campus human resources directors and management to help ensure adherence to best practices and legal compliance.
• Advises the Board of Higher Education, as well as the Presidents, Vice Presidents, and other administrative officials at the campuses, on matters related to collective bargaining and other areas as necessary.
• Serves as key liaison to the Executive Office of Administration and Finance, the Comptroller, and the Human Resources Division on implementing relevant state and federal laws, including the Affordable Care Act.
• Performs related duties such as preparing reports, correspondence, and position papers and conducting and/or attending conferences and meetings on campus. Significant travel throughout the Commonwealth is required.
• Performs other duties that may be assigned by the Chief Legal Counsel, the Deputy Commissioner of Administration, Finance, and Operations, and/or the Commissioner of Higher Education.

Qualifications:

• Admitted to Massachusetts Bar as a member in good standing
• Eligible to practice law in the Commonwealth of Massachusetts
• At least 3 to 7 years of supervisory or managerial experience as an attorney in labor relations with experience as a lead negotiator
• Familiarity with Mass General Laws and Federal laws governing collective bargaining and Equal Employment Opportunity (EEO)
• Ability to negotiate complex issues within tight time constraints; strong analytical and problem-solving skills
• Demonstrated success in managing, training, and developing staff
• Knowledge of the principles, practices, and techniques of supervision and organizational behavior, and employee evaluation.

Skills and attributes:

• Advanced skills to coach management through conflict resolution, performance management, corrective action, progressive discipline, and just cause in public employment
• Demonstrated ability to work collaboratively with others and achieve consensus and progress on complex issues
• Exemplary ethical standards
• Respect for Diversity and awareness of cultural competency
• Excellent writing, verbal presentation, analytic, and presentation skills both in-person and in online/virtual settings (e.g., teleconference and videoconference)
• Knowledge of and experience in legal research methods and procedure
• Ability to take initiative, use sound judgment to make decisions, 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.
• Ability to understand, apply, and interpret the provisions of the laws, regulations, policies, and procedures governing agency operations
• Professional, courteous manner
• Flexible, analytical thinking

Preferred Qualifications:

8-15+ 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, unemployment compensation, unfair labor practices, employee discipline and discharge, severance agreements, and employment litigation.

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