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The classes in this series are used by the General Counsel's Office of the Agricultural Labor Relations Board to perform difficult legal work involved in the interpretation and prosecution of unfair labor practice or representational violations of the Agricultural Labor Relations Act (ALRA) and its attendant regulations including the application of the National Labor Relations Act (NLRA) case law and precedents where applicable; and may perform other related work.
The Associate General Counsel, Unfair Labor Practices, Agricultural Labor Relations Board, under direction monitors the unfair labor practice prosecution activities in all the regions; acts as the General Counsel's legal advisor regarding unfair labor practice matters; and may perform other related work.
Entry into this series requires membership in The California State Bar. The class of Graduate Legal Assistant, which requires eligibility to take the California State Bar examination, may also be used to recruit those interested in entry into this series.
Acts as a prosecuting attorney in difficult legal matters involving prosecution of complex, difficult, and sensitive unfair labor practices and representational violations of the Agricultural Labor Relations Act. Independently provides advice and direction to investigatory field examining staff; prepares witnesses; develops prosecution strategy; prosecutes cases before an Administrative Law Judge; appears in court to seek injunctive relief; researches relevant ALRB and/or NLRB case law and other pertinent case law; and prepares requisite legal memoranda, motions, petitions, subpoenas, briefs, correspondence, and reports.
Provides statewide direction and advice to the attorneys in the regions regarding prosecution of all unfair labor practices. Advises the General Counsel's Office regarding statewide strategies for the prosecution of unfair labor practices; reviews pending charges and develops recommendations regarding the issuance of a formal complaint; provides advice and direction regarding potential settlement negotiations and dismissal actions; reviews pending settlements and dismissals and advises the General Counsel's Office regarding recommended course of action; and supervises lower level legal staff.
All classes require active membership in The California State Bar. (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.)
Two 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. (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.)
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.)
* 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, or (3) legal experience acquired while practicing under a provisional license to practice law issued by the State Bar of California’s Provisional Licensure Program, 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.
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 Administrative Law Judges; scope, character, and principles of California statutory law, provisions of the California Constitution, administrative regulations, and case authorities administered or enforced by the General Counsel, Agricultural Labor Relations Board; and 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 Administrative Law Judges.
A greater degree of these knowledge and abilities is required at each higher level.
Knowledge of: All of the above, 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.
All employees shall have general qualifications as described by California Code of Regulations, title 2, section 172.