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ABOLISHED 05/07/2015 PER PAY LETTER 15-16 - Public Employment Relations Counsel Series

ABOLISHED 05/07/2015 PER PAY LETTER 15-16 - Public Employment Relations Counsel Series

California State Personnel Board Specification

Series established May 18, 1976

Scope

This series specification describes three legal classes utilized to provide specialized legal services in the Public Employment Relations Board.

 

Incumbents in these classes may draft rules and regulations; draft legal opinions relative to interpretation and application of public sector employment relations acts administered by the Board; direct and carry out investigations of possible violations of the acts; represent the Board in civil and appellate litigation; administer and enforce subpoenas of the Board in connection with hearings and investigations; conduct hearings; provide legal advice to Board Members and staff, school districts, public agencies, and the general public regarding interpretation of the laws and rules of the Board; appear before legislative committees, agencies of the State, and interested groups concerning Board affairs; analyze and draft legislation; and�perform other related duties.

 

Public Employment Relations Counsel Series Specification - Class Titles and Codes
Schem CodeClass CodeClass
OH586184Public Employment Relations Counsel (ABOLISHED 05/07/2015 PER PAY LETTER 15-16)
OH556182Senior Public Employment Relations Counsel (ABOLISHED 05/07/2015 PER PAY LETTER 15-16)
OH406183Deputy General Counsel, Public Employment Relations Board, CEA (ABOLISHED 06/04/2015 PER PAY LETTER 15-17)

Entry Levels

Entry into this series is from the class of Legal Counsel which requires membership in The State Bar of California.

Definition of Levels

All Levels:

Classes in this series generally perform similar duties. Differences between levels are determined primarily by differences in�(1) the level of difficulty of the assignments given to incumbents, (2) the degree of independence with which the incumbent performs, and (3) the expertise which the incumbent brings to those assignments.

Public Employment Relations Counsel

Incumbents in this class are experienced attorneys capable of performing difficult legal work with increased independence and responsibility. They are expected to work independently on difficult legal issues involving employer-employee relations. They perform difficult and complex investigations alleging violations of PERB-administered statutes; represent the Board in litigation; draft legislation, legal opinions, and regulations; investigate alleged violation of law; and conduct hearings.

Senior Public Employment Relations Counsel

Incumbents in this class are highly experienced attorneys who are experts in labor law, administrative law, and civil and appellate litigation. They have demonstrated the ability to independently and effectively perform the most complex and sensitive legal work of the Public Employment Relations Board. They work with broad discretion and minimal supervision on legal matters of the greatest difficulty. They may serve in a lead capacity over lower level legal staff.

Deputy General Counsel, Public Employment Relations Board, Cea

An incumbent in this class has significant responsibility for formulating and developing policies. She/he plans, organizes, supervises, and manages the work of lower level legal staff; provides consultation to management on policy issues; and provides statewide advice and direction to attorneys regarding unfair practices, and litigation in the California courts and advises the General Counsel on statewide strategies for the investigation of unfair practices, requests for injunctive relief and litigation.

Minimum Qualifications

All Levels:

All candidates must have membership in The State Bar of California. (Applicants must have active membership in The State Bar before they will be eligible for appointment.)

 

Primary consideration will be given to experience in State or public sector employer-employee relations law.

Public Employment Relations Counsel

Two years of experience in the practice of law*, including experience in labor law or civil and appellate litigation. (Applicants who have completed one year and six months of the required experience will be admitted to the examination but must complete two years of such experience before they will be eligible for appointment.)

Senior Public Employment Relations Counsel

Six years of experience in the practice of law*, of which four years must be either in (1) labor law; or (2) civil and appellate litigation. (Applicants who have completed five years and six months of the required experience will be admitted to the examination, but must complete six years of such experience before they will be eligible for appointment.)

Deputy General Counsel, Public Employment Relations Board, Cea

Either I

 

Two years of experience in the California state service performing legal duties* in labor law or civil and appellate litigation in a class at a level of responsibility equivalent to the class of Public Employment Relations Counsel, Range B. (Applicants who have completed 18 months of the required experience will be admitted to the examination, but must complete two years of such experience before they will be eligible for appointment.)

Or II

 

Broad and extensive experience (more than six years) in the practice of law*, of which four years must be either in (1) labor law; or (2)�civil and appellate litigation.

Knowledge and Abilities

Public Employment Relations Counsel

Knowledge of: Legal principles and their applications; legal research methods; administrative law and the conduct of proceedings before administrative bodies; provisions of laws and Government Code sections administered or enforced; principles of labor law, administrative law, and civil and appellate litigation; statutory and case law literature and authorities; trial and appellate court procedures; rules of evidence and procedures; legal terms and forms in common use; and obligations of public officials and administrative boards and agencies.

 

Ability to: Analyze legal principles and precedents and apply these concepts and cases to complex legal problems including the special problems of public employer-employee relations; perform and direct legal research; present statements of fact, law, and argument clearly and logically in written and oral form; draft legal opinions, trial and appellate court litigation pleadings, motions and briefs, administrative rulings and regulations, and legislation; and independently present difficult and complex cases in trial and appellate courts.

Senior Public Employment Relations Counsel

Knowledge of: All of the above; and State and departmental equal employment opportunity policies.

 

Ability to: All of the above; and direct the work of lower level staff; effectively carry out State and departmental equal employment opportunity policies.

Deputy General Counsel, Public Employment Relations Board, Cea

Knowledge of: All of the above principles and practices of personnel management and supervision; and a manager's/supervisor's responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free of discrimination and harassment.

 

Ability to: All of the above, and effectively promote equal opportunity in employment and maintain a work environment that is free of discrimination and harassment.

 

A greater degree of "Knowledge and Abilities" is required at each higher level.

Class History

Public Employment Relations Counsel Series History - Dates Established, Revised, and Title Changed
ClassDate EstablishedDate RevisedTitle Changed
Public Employment Relations Counsel10/03/198904/24/201206/26/1990
Senior Public Employment Relations Counsel11/17/198704/24/201210/03/1989
Deputy General Counsel, Public Employment Relations Board,�cea11/17/198704/24/201206/26/1990

Alternate Range Criteria 296

These criteria will be used to allocate incumbents to alternate Range�A or B.

 

Range A. This range shall apply to individuals who are active members of The State Bar of California and who do not meet the criteria for payment in Range

B.

Range B. This range shall apply to individuals who are active members of The State Bar of California and who, in addition, have satisfactorily completed four years of responsible experience in the practice of law, of which three years must include experience in labor law or civil and appellate litigation.

 

For the purposes of this Alternate Range, experience in the �practice of law� or �performing legal duties� is defined as: (1) only that legal experience acquired after admission to any State Bar, or (2)�experience as a judicial clerk for a federal court, California's state courts, or any other state's courts, to constitute experience in the practice of law. For an individual's judicial clerkship to qualify as experience in the �practice of law� or �performing legal duties�, the experience must have been gained after receipt of a Juris Doctor or equivalent degree.

 

When the requirements for the particular criteria are met and upon recommendation of the appointing power, the employee shall receive a rate under the provisions of DPA Rule 599.676.

__________

* Experience in the "practice of law" or "performing legal duties" is defined as: (1) only that legal experience acquired after admission to any State Bar, or (2) experience as a judicial clerk for a federal court, California's state courts, or any other state's courts, to constitute experience in the practice of law. For an individual's judicial clerkship to qualify as experience in the �practice of law� or �performing legal duties�, the experience must have been gained after receipt of a Juris Doctor or equivalent degree.

  Updated: 10/6/2017
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