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Board Counsel, Agricultural Labor Relations Board Series

Board Counsel, Agricultural Labor Relations Board Series

California State Personnel Board Specification

Series established November 17, 1987

Scope

The classes in this series are used by the Board Program of the Agricultural Labor Relations Board to perform difficult legal work relating to representational issues and unfair labor practice violations of the Agricultural Labor Relations Act (ALRA) and its attendant regulations including the application of National Labor Relations Act (NLRA) case law and precedents where applicable; and may perform other related work.

 

The Senior Board Counsel, Agricultural Labor Relations Board, under direction and as staff labor law expert, performs the most sensitive and complex legal work and review and nonreview litigation of the Board; acts as a principal legal advisor regarding unfair labor practice and representational matters (e.g., drafting/defending Board decisions or lawsuits against the Board); and may perform other related work.

 

Board Counsel, Agricultural Labor Relations Board Series Specification - Class Titles and Codes
Schem Code Class Code Class
OA94 6272 Board Counsel I, Agricultural Labor Relations Board (Abolished 01/07/2016 per Pay Letter 16-05)
OA95 6273 Board Counsel II, Agricultural Labor Relations Board (Abolished 01/07/2016 per Pay Letter 16-05)
OA96 6274 Senior Board Counsel, Agricultural Labor Relations Board

Definition of Levels

Board Counsel I, Agricultural Labor Relations Board

On behalf of the Agricultural Labor Relations Board/Members, acts as counsel for cases on appeal to the Board in difficult legal matters involving sensitive and complex representational issues and unfair labor practice violations of the Agricultural Labor Relations Act. Independently provides advice and direction to the Board; reviews record and Administrative Law Judge decisions; prepares final Board decisions/orders; appears in State and Federal appellate courts to defend the Board; researches relevant Agricultural Labor Relations Board and/or National Labor Relations Board case law and other pertinent case law; prepares requisite legal memoranda, motions, petitions, subpoenas, briefs, correspondence, and reports; and performs other related work.

Board Counsel II, Agricultural Labor Relations Board

On behalf of the Agricultural Labor Relations Board/Members, acts as counsel for cases on appeal to the Board in more difficult legal matters involving sensitive and complex representational issues and unfair labor practice violations of the Agricultural Labor Relations Act. Independently provides advice and direction to the Board; reviews record and Administrative Law Judge decisions; prepares final Board decisions/orders; appears in State and Federal appellate courts to defend the Board; researches relevant Agricultural Labor Relations Board and/or National Labor Relations Board case law and other pertinent case law; prepares requisite legal memoranda, motions, petitions, subpoenas, briefs, correspondence, and reports; may serve in a lead capacity over lower level legal staff; and performs other related work.

Senior Board Counsel, Agricultural Labor Relations Board

On behalf of the Agricultural Labor Relations Board/Members, acts as a staff legal expert, advises the Board in regard to and performs the most difficult legal work relating to unfair labor practice and representational matters. Under direction, exercises broad discretion and independence of judgment in developing strategies for and advising the Board on the defense of the most sensitive and complex Board decisions; reviews and edits lower level attorney work with regard to legal and procedural appropriateness; conducts the most difficult and sensitive review and nonreview litigation in State and Federal courts; provides legal research and advice on new and existing regulations affecting the Agricultural Labor Relations Board; may act in a lead capacity over lower level attorney staff; and performs other related work.

Minimum Qualifications

All Levels:

Bar Membership Requirement: All candidates must have membership in The State Bar of California (applicants who are not members of The California State Bar but who are eligible to take The California State Bar examination or are in their final year of law school will be admitted to the examination but will not be considered eligible for appointment until they are admitted to The State Bar).

Board Counsel I, Agricultural Labor Relations Board

Membership in The State Bar of California.

Board Counsel II, Agricultural Labor Relations Board

One year of responsible experience in the practice of law* including administrative or civil litigation experience. (Applicants who have completed 18 months of the required experience will be admitted to the examination but must complete one year of such experience before they will be eligible for appointment.)

Or II

 

Three years of responsible experience in the practice of law*, of which two years must be in labor law and include administrative or civil litigation experience.

Senior Board Counsel, Agricultural Labor Relations Board

Six years of experience in the practice of law*, of which four years must be in labor law and include administrative or civil litigation experience. (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.)

Knowledge and Abilities

All Levels:

Knowledge of: The Agricultural Labor Relations Act, Agricultural Labor Relations Board case law and attendant regulations; relevant National Labor Relations Act case law, legal principles and their applications; legal research methods; administrative law and the conduct of proceedings before State and Federal Courts of Appeal; scope, character, and principles of California statutory law, provisions of the California Constitution, administrative regulations, and case authorities administered or enforced by the Agricultural Labor Relations Board; principles of labor law, administrative law, and civil litigation; and rules of evidence and conduct.

 

Ability to: Analyze legal principles and precedents and apply them to complex legal problems; perform and direct legal research; present statements of fact, law, and argument clearly and logically in written and oral form; draft opinions, pleadings, rules, regulations, and legislation; negotiate effectively; recognize the special problems of employer-employee relations; and independently present difficult and complex cases before State and Federal Courts of Appeal.

 

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

Class History

Board Counsel, Agricultural Labor Relations Board Series History - Dates Established, Revised, and Title Changed
Class Date Established Date Revised Title Changed
Board Counsel I, Agricultural Labor Relations Board 11/17/1987 04/24/2012 --
Board Counsel II, Agricultural Labor Relations Board 11/17/1987 04/24/2012 --
Senior Board Counsel, Agricultural Labor Relations Board 11/17/1987 04/24/2012 --

Alternate Range Criteria 255

Established 11/17/87 Revised 4/24/12

 

When an employee enters State service in the class of Board Counsel I, Agricultural Labor Relations Board (ALRB), he/she shall be eligible for appointment to the appropriate range in terms of the following criteria:

 

Experience gained outside State service may be credited only if the appointing power believes the experience is satisfactory and comparable in type and quality to that of Board Counsel I, ALRB.

 

Range A. This range shall apply to individuals who are active members of The California State Bar 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 California State Bar and who have evidence of satisfactory completion of one year of experience in the practice of labor law.

 

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.

Alternate Range Criteria 256

Established 11/17/87 Revised 4/24/12

 

When an employee enters State service in the class of Board Counsel II, Agricultural Labor Relations Board (ALRB), he/she shall be eligible for appointment to the appropriate range in terms of the following criteria:

 

Experience gained outside State service may be credited only if the appointing power believes the experience is satisfactory and comparable in type and quality to that of Board Counsel II, ALRB.

 

Range A. This range shall apply to individuals who are active members of The California State Bar 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 California State Bar and who have evidence of satisfactory completion of four years of responsible experience in the practice of labor law.

 

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 labor law" or "performing labor law 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: 2/24/2016
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