CS-214 Position Description Form .us



CS-214Rev 11/2013Position CodeState of MichiganCivil Service CommissionCapitol Commons Center, P.O. Box 30002Lansing, MI 48909POSITION DESCRIPTIONThis position description serves as the official classification document of record for this position. Please complete this form as accurately as you can as the position description is used to determine the proper classification of the position. 2.Employee’s Name (Last, First, M.I.)8.Department/AgencyLABOR AND ECONOMIC OPPORTUNITY3.Employee Identification Number9.Bureau (Institution, Board, or Commission)BUREAU OF EMPLOYMENT RELATIONS4.Civil Service Position Code Description10.DivisionADMIN LAW SPECIALIST-E5.Working Title (What the agency calls the position)11.SectionCOMMISSION ATTORNEYLABOR RELATIONS6.Name and Position Code Description of Direct Supervisor12.UnitVacant, SENIOR MANAGEMENT EXECUTIVE7.Name and Position Code Description of Second Level Supervisor13.Work Location (City and Address)/Hours of WorkSEAN EGAN, LEO DEPUTY DIRECTOR OF LABORCadillac Place -- Detroit, MI 48202M-Fri 8-514.General Summary of Function/Purpose of PositionThe position provides legal assistance to the Michigan Employment Relations Commission and the Bureau Director in the administration of cases arising under the Public Employment Relations Act (PERA), the Labor Relations and Mediation Act (LMA), the Compulsory Arbitration Act (Act 312); PA 194 of 2016; and other statutes regulating the collective bargaining relationships between public (and some private sector) employers, their employees and unions. Working alongside and collaborating with other Labor Relations Staff, the BER ALS: drafts and/or edits final drafts of Commission decisions and orders in cases under the above-mentioned statutes; conducts detailed legal research; prepares memos advising the Commission on legal issues; is responsible for managing the case docket for the Commission and for the prompt and orderly assignment of cases. Cases handled by the BER ALS often involve issues of significant complexity and/or issues of first impression including novel issues of interpretation of the statutes administered by MERC, and the BER ALS spends most of the time handling such cases. The BER ALS also performs miscellaneous legal related tasks for the Commission, Bureau Director and for the agency, in general. 15.Please describe the assigned duties, percent of time spent performing each duty, and what is done to complete each duty.List the duties from most important to least important. The total percentage of all duties performed must equal 100 percent.Duty 1General Summary of Duty 1% of Time63Prepare and/or edits drafts of MERC decisions under PERA, the LMA, Act 312 and PA194 - often of a complex nature or involving issues of first impression, including novel issues of statutory interpretation. This includes conducting legal research and drafting and/or editing decisions based on MERC precedent and/or Commission recommendations and/or editing decisions prepared by MERC Commissioners or by MERC Administrative Law Judges or others, based on the record, e.g. charges, answers to charges, testimony/exhibits, post-hearing briefs, exceptions to ALJ decisions and recommended orders, responses to exceptions and various motions.Individual tasks related to the duty.Prepare draft legal decisions on complex cases, often involving issues of first impression, including novel issues of statutory interpretation.Thoroughly review and research the record, including: the ALJ's decision and recommended order, any exceptions, responses to exceptions, motions, documents and other filings.Research and analyze any previous MERC decisions, decisions of the Michigan Court of Appeals/Supreme Court, as well as decisions of the National Labor Relations Board and federal courts, or public employment relations boards from other states.Conduct legal research using library volumes of published decisions for older MERC cases and computerized research tools such as the WESTLAW or LEXIS research service, as necessary.Conduct thorough review of the record, along with extensive research and analysis of the evidence and applicable law.Draft written legal decisions or in a representation case edit a decision prepared by an administrative law judge containing conclusions of law accompanied by discussion and analysis setting forth sound reasoning. Decision must address issues raised by the parties and be consistent with Commission's past precedent. Recommend adoption of the revised draft to the Commission after cogently explaining reasoning and legal issues considered in reaching conclusions.Duty 2General Summary of Duty 2% of Time20Manage and oversee docket of the Michigan Employment Relations Commission. Assist the Commission in hearing school strike or lockout cases if requested.Individual tasks related to the duty. Keep track of all assigned Commission cases in unfair labor practice arena and those prepared by ALJs in union representation cases by developing and/or following internal case handling procedures and documenting those procedures to ensure that all cases are processed correctly and as expeditiously as possible.Ensure that all assigned cases are processed and issued appropriately, expeditiously, and in accordance with established internal procedures and time constraints/guidelines/deadlines. Use established internal procedures for assigned cases that have been appealed to the Court of Appeals, ensure maintenance of complete records; direct and/or oversee preparation of docket sheet and record for filing with Court pursuant to its request. Communicate with parties and Courts, when necessary.Ensure that relevant and required information is entered in a timely manner into database, so that accurate and complete reports may be produced.Assist in preparation of various reports needed to ensure that Commissioners, BER staff, and/or MERC ALJs are well apprised of the status of all MERC cases currently before the Commission and/or on review by the Courts.Respond timely, completely, and accurately to Commissioner inquiries regarding case docket and assignments and consult with Commissioners as requested.Duty 3General Summary of Duty 3% of Time5Assume shared responsibility in the Bureau for the handling of telephone and walk-in or other inquiries from the general public, attorneys, the legislature, out-of-state agencies, or others. Individual tasks related to the duty.Serve as resource in Bureau in responding to inquiries from general public, other agencies, others in State government, federal agencies, legislators, etc.Respond timely, completely and accurately to all such inquiries. These may involve questions regarding the statutes that MERC enforces, MERC procedures, Freedom to Work or general labor law, primarily in the public sector. They may also involve employment related matters unrelated to issues within MERC's jurisdiction and, therefore, require referrals to other state or federal agencies.Assume responsibility for preparation and proper dissemination of accurate information relative to the agency and the statutes that it administers, including information posted on website, such as Frequently Asked Questions, Guide to Public Sector Labor Relations in Michigan, Freedom to Work, etc.Maintain familiarity with various labor-related resources for referral of matters not within MERC’s jurisdiction.Duty 4General Summary of Duty 4% of Time5Provide education and/or training for the general public, the labor relations community and the Commission’s panel of arbitrators and fact finders.Individual tasks related to the duty.Review the preparation of summaries of drafted Commission decisions and Court of Appeals opinions reviewing Commission decisions. For assigned cases, prepare or ensure preparation of short headnote style summaries for posting on the Bureau’s website and/or more detailed summaries for submission to various publications and/or inclusion in materials used in various seminars and trainings. Serve as a speaker at various Bureau sponsored trainings, as well as trainings sponsored by other organizations for the labor relations community and transmit information concerning agency action in a manner that the public may easily understand and utilize to guide their actions. This includes at the Institute for Continuing Legal Education, the Michigan Labor Management Association, MPELRA, etc. At such trainings, clearly explain complex legal concepts to the audience to ensure that they understand the legal reasoning behind the conclusions reached.Assist the Bureau Director and others in the preparation of articles submitted to various publications, such as Lawnotes, ALRA, and other Bureau publications. Duty 5General Summary of Duty 5% of Time5Assist the Bureau Director in analyzing and researching various issues arising from the Commission's administration of PERA, LMA, the Compulsory Arbitration Act (Act 312), Public Act 194 of 2016, as well as new legislation impacting the agency’s work. Individual tasks related to the duty.Analyze, research and draft legal memoranda Respond timely, completely and accurately to inquiries.Maintain familiarity with various resources for referral of matters not within MERC's jurisdiction.Analyze and/or oversee the analysis of pending legislation that may impact work performed by the Bureau; prepare response regarding impact on the Bureau and matters within its jurisdiction and communicate to staff and others regarding the impact of such legislation.Draft new Commission rules governing procedures after new legislation is enacted, as well as governing procedures.Duty 6General Summary of Duty 6% of Time 2Other related duties as assigned. Individual tasks related to the duty.Assist as necessary in the training of persons working in the labor relations area of the Bureau, including the department analyst, support staff, and law students.Other related duties as assigned.16.Describe the types of decisions made independently in this position and tell who or what is affected by those decisions.In drafting a decision, the ALS determines, in consultation with the Bureau Director and/or other ALS, what facts in the record are necessary to the Commission's decision and what exceptions should be specifically addressed. The ALS must also analyze the legal arguments presented by the parties and determine their legal merit in making written conclusions of law. The ALS must also have in-depth knowledge behind the principles of representation case law in the public sector. Researching an issue for a decision requires the use of independent judgment in determining the relevance and applicability of precedent. Affected by these decisions are the employers, unions and individuals who have filed charges or petitions with the Bureau, as well as members of the associated bargaining units and labor relations constituent. The ALS is also responsible for training of, giving assignments to and overseeing the work of the law students working for the labor relations division.17.Describe the types of decisions that require the supervisor’s review.All decisions drafted for the Commission are reviewed by the Bureau Director. Changes in internal case handling procedures that affect another agency, such as MOAHR, must be reviewed by the Bureau Director. Changes in Commission reporting procedures must be reviewed and approved by the Commission, along with the Bureau Director. Complex or novel issues are discussed with the Bureau Director. Sensitive policy matters regarding the agency and the Commission are discussed with and ultimately handled by Bureau Director.18.What kind of physical effort is used to perform this job? What environmental conditions is this position physically exposed to on the job? Indicate the amount of time and intensity of each activity and condition. Refer to instructions.Frequent long hours sitting and performing writing and research; occasional lifting or moving of bulky case files. 19.List the names and position code descriptions of each classified employee whom this position immediately supervises or oversees on a full-time, on-going basis. (If more than 10, list only classification titles and the number of employees in each classification.)NAMECLASS TITLENAMECLASS TITLE20.This position’s responsibilities for the above-listed employees includes the following (check as many as apply):Complete and sign service ratings.xAssign work.Provide formal written counseling.xApprove work.Approve leave requests.xReview work.Approve time and attendance.xProvide guidance on work methods.Orally reprimand.x Train employees in the work.22. Do you agree with the responses for Items 1 through 20? If not, which items do you disagree with and why?Yes.23.What are the essential functions of this position?The ALS assists in Bureau's administration of cases arising under the Public Employment Relations Act (PERA), the Labor Mediation Act (LMA), the Compulsory Arbitration Act (Act 312), and other statutes regulating the collective bargaining relationships between: public (and some private sector) employers, their employees and unions; as well as, the conduct and duties of public sector unions towards their members. The ALS is responsible for conducting legal research and writing; drafting and/or editing of Commission decisions and orders in cases adjudicating disputes under PERA and the LMA, including union representation cases; and with managing the case docket for the Michigan Employment Relations Commission (MERC). These are cases often of significant complexity, involving issues of first impression and/or issues of novel statutory interpretation. The ALS also assists the Bureau Director, responds to public inquiries and assists in the preparation of documents such as the Annual Report.24.Indicate specifically how the position’s duties and responsibilities have changed since the position was last reviewed.New 25.What is the function of the work area and how does this position fit into that function?The Bureau of Employment Relations provides high-quality support to the Michigan Employment Relations Commission by fostering peaceful, cooperative and effective public and private sector employer-employee relationships by application of conflict resolution processes, neutral and timely resolution of labor disputes, and education and training. The Bureau's Labor Relations and Mediation divisions administer several labor statutes, primarily involving the public sector. The Labor Relations division prepares/edits and issues the Commission's decisions on unfair labor practice charges filed by employers, employees and unions. It also edits and completes the preparation of decisions on petitions for elections by public employees on the issue of representation by a union, on clarifying existing bargaining units, and on issues arising under the Police/Fire Compulsory Arbitration Act. The ALS assists the Commissioners, Bureau Director, other ALS and others with ensuring compliance with these statutory mandates and proper administration and enforcement of these laws.26.What are the minimum education and experience qualifications needed to perform the essential functions of this position?EDUCATION:Possession of a Juris Doctorate degree from an accredited school of law.EXPERIENCE:Administrative Law Specialist 13No specific type or amount is required.Administrative Law Specialist 14One year of professional experience in legal work equivalent to an Administrative Law Specialist 13 or Administrative Law Examiner 13, or as an attorney.Administrative Law Specialist P15Two years of professional experience in legal work, including one year equivalent to an Administrative Law Specialist 14 or Administrative Law Examiner 14; or, two years of experience as an attorney.Significant and relevant experience in labor law preferably in the public sector or in related areas of the law is preferred. KNOWLEDGE, SKILLS, AND ABILITIES:Ability to speak and write effectively; ability to write accurate, logical, and concise legal decisions; diplomacy and tact in dealing with the public. Significant knowledge of the statutes administered by BER and expertise in labor law (with an emphasis on public sector labor law) and labor relations concepts and federal labor relations statutes. Considerable knowledge and ability to utilize labor relations research tools and publications. Ability to work collaboratively with all staff, especially those who work in labor relations and/or who assist in managing the Commission’s docket. CERTIFICATES, LICENSES, REGISTRATIONS:Membership in good standing in the Michigan State Bar.NOTE: Civil Service approval of this position does not constitute agreement with or acceptance of the desirable qualifications for this position.I certify that the information presented in this position description provides a complete and accurate depiction of the duties and responsibilities assigned to this position. Supervisor’s SignatureDateTO BE FILLED OUT BY APPOINTING AUTHORITYIndicate any exceptions or additions to statements of the employee(s) or supervisors.I certify that the entries on these pages are accurate and complete. Appointing Authority SignatureDateTO BE FILLED OUT BY EMPLOYEEI certify that the information presented in this position description provides a complete and accurate depiction of the duties and responsibilities assigned to this position. Employee’s SignatureDateNOTE: Make a copy of this form for your records. ................
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