Division of Enforcement Litigation
THE DIVISION OF ADVICE
OFFICE OF THE GENERAL COUNSEL
The Division of Advice, located within the Office of the General Counsel in
Washington, D.C., consists of three branches: The Regional Advice Branch, the
Injunction Litigation Branch, and the Legal Research & Policy Planning
Branch.
The Regional Advice Branch provides guidance to the General Counsel and to the
Regional Offices with respect to difficult or novel legal issues arising in the
processing of unfair labor practice charges. It determines whether charges have
merit and, if so, what legal theories should be advanced in support. If the
decision is to dismiss a charge, it sets forth the theories that support that
decision. In either case, the guidance must take into account the current law
and agency policies as well as an analysis of how those legal principles and
policies may be evolving.
The Injunction Litigation Branch implements, in conjunction with the Regional
Offices, the General Counsel's Section 10(j) program to obtain interim
injunctions to restore or preserve the status quo where necessary to preserve
the effectiveness of the Board's ultimate remedial order. The Branch evaluates
Regional recommendations for seeking interim injunctive relief and drafts
recommendations to the Board in cases in which the General Counsel recommends
seeking such relief. It provides to Regional Offices resource materials and
training on the investigation and litigation of Section 10(j) cases. The Branch
also advises and assists Regions in the litigation of both Section 10(j) and
Section 10(l) injunction cases in federal district courts, and directly handles
all appellate litigation in such cases.
The Legal Research & Policy Planning Branch provides agency employees with
current summaries of NLRB and related court decisions both through the
publication of case digest summaries and through an electronic research
database. It also processes documents for release to the public pursuant to the
Freedom of Information Act, develops and promulgates changes in the Board's
procedural rules which are then published in the Federal Register, and provides
assistance with a number of other agency programs, including processing cases
arising under the Equal Access to Justice Act and development of internal and
web-based electronic research tools.
Requirements for Law Student positions:
Second or third year law student. Basic labor law course preferred but not
required. Strong research and writing skills.
Requirements for Staff Attorney positions:
Law school graduate and licensed attorney (or admission within one year of
hire). Labor law course(s) and/or experience in labor relations field
preferred. Strong research and writing skills.
Send resume and unedited writing sample to:
Barry J. Kearney, Associate General Counsel
Division of Advice
NLRB Office of the General Counsel
1099 14th Street, N.W., Suite 10406
Washington, D.C. 20570
APPELLATE COURT BRANCH
DIVISION OF ENFORCEMENT LITIGATION
OFFICE OF THE GENERAL COUNSEL
The Appellate Court Branch of the Division of Enforcement Litigation represents
the Board in all cases involving enforcement or review of the Board's orders,
in all federal circuit courts of appeals. Attorneys in the Branch handle all
aspects of the appellate litigation, including drafting the Board's brief and
presenting oral argument before the circuit court. To apply for a position in
the Appellate Court Branch, send a resume to Linda Dreeben, Assistant General
Counsel, NLRB, 1099 14th Street NW, Suite 8100, Washington, D.C. 20570. To
complete the application process an applicant must submit law school and
undergraduate transcripts, an unedited writing sample, and references.
CONTEMPT LITIGATION & COMPLIANCE BRANCH
DIVISION OF ENFORCEMENT LITIGATION
OFFICE OF THE GENERAL COUNSEL
The function of the Contempt Litigation and Compliance Branch is to conduct
civil and criminal contempt litigation in the U.S. Courts of Appeals to coerce
compliance or to punish non-compliance with judgments enforcing orders of the
Board; to obtain protective orders to ensure that assets will not be dissipated
in an effort to avoid the payment of backpay judgments; to institute and
monitor ancillary collection proceedings; to assist the Regional Offices in
bankruptcy proceedings filed by respondents; and to obtain other injunctive
relief pendente lite. Contempt litigation is nation-wide in scope,
affects all segments of industry and applies to all unfair labor practices
proscribed by law. Through this litigation, compliance with orders of the Board
that have been enforced by judgments of the U.S. Courts of Appeals and other
orders of the Courts of Appeals is obtained, and the policies enunciated in the
National Labor Relations Act and the orders of the courts are effectuated.
Work in the Contempt Branch is centered in four primary areas: civil contempt,
criminal contempt, protective order/collection work and compliance guidance.
Civil contempt actions involve, among other things, evidentiary investigations,
the drafting of internal legal memoranda, the drafting of court pleadings,
civil discovery (document production, requests for admissions, depositions,
interrogatories), motions practice, bench trials, the drafting of appellate
briefs and the presentation of appellate arguments.
Criminal contempt actions involve, in addition to much of the work detailed
above, grand jury work and jury trials.
The Contempt Branch is also responsible for obtaining injunctive relief in order
to ensure compliance with enforced Board orders, engaging in affirmative
bankruptcy litigation and collection work, and providing guidance and
assistance to the Board's Regional Offices in enforcement and compliance
matters.
Currently 10 attorneys, one paralegal and one legal secretary staff the Branch.
The Branch also operates a year-round law student employment program.
The mailing address of the Branch is Contempt Litigation and Compliance Branch,
National Labor Relations Board, Suite 10700, 1099 14th Street, N.W.,
Washington, D.C. 20570. The main telephone number for the Branch is (202)
273-3740, and the Branch facsimile number is (202) 273-4244.
Attorneys conduct civil and criminal contempt litigation and related litigation
work, including injunction and collection proceedings, involving compliance
with the provisions of the Board's Decisions and Orders and court decrees
enforcing such Orders. Some of the duties include:
- Analyzing reports from Regional Offices to determine if contempt proceedings or
ancillary proceedings should be instituted, and, where necessary, obtaining
additional information to assure sufficiency of evidence;
- Preparing contempt recommendations for consideration by the Board, and upon
authorization, conducting grand jury proceedings and/or preparing pleadings,
affidavits, motions, supporting briefs, etc. necessary to initiate and
prosecute cases;
- Negotiating with parties to obtain compliance, if possible, without further
litigation and drafting appropriate documents;
- If civil contempt litigation is warranted, preparing motions for reference to a
special master, drafting interrogatories, requests for production and requests
for admissions, conducting depositions, interviewing witnesses, preparing for
and conducting trials, and preparing post-trial briefs to the special master
and to the Courts of Appeals.
- If criminal contempt litigation is warranted, obtaining indictments and
conducting criminal trials in conjunction with U.S. Attorney's offices;
- Presenting oral arguments to the Courts of Appeals and other courts;
- Obtaining protective orders to assure that assets will not be dissipated;
- Conducting litigation involving garnishments, executions and attachments under
the Federal Debt Collection Act and the Federal Debt Collection Procedures Act
to collect backpay judgments, fines and attorneys fees;
- Assisting Regions in conducting offensive litigation in bankruptcy courts in
connection with all facets of collection proceedings.
The Branch administers a law student program for students who have completed at
least their first year of law school. Candidates must have strong research and
writing skills, and it is preferred, although not required, that they have
taken the basic Labor Law and Federal Civil Procedure courses.
Law students assist the trial attorneys in investigating contempt allegations,
preparing internal legal memoranda, drafting discovery documents, preparing for
trial and drafting appellate briefs.
Where possible, law students will participate in discovery proceedings and
assist attorneys at trial. The availability of paid positions depends on
budgetary considerations. The Branch will cooperate with any university-
sponsored program providing for academic credit. The program operates during
the school year as well as during the summer.
The paralegal is responsible for preparing legal documents and litigation
pleadings, interpreting and applying appropriate court rules, practices and
procedures, and performing various research and investigative assignments. Some
of the specific duties include:
- Reviews contempt recommendation submissions received from Regions and analyzes
and evaluates case files against case litigation worthiness standards before
sending the case on to the assigned trial attorney;
- Reviews and analyzes available precedents relevant to cases under consideration
for use in presenting case summaries to trial attorneys;
- Interviews witnesses;
- Drafts requests for certified court judgments, applications for post- judgment
execution and garnishment, motions for order of reference and default, and
other legal documents;
- Shepardizes cases and performs legal research through the use of a variety of
legal reference materials and assembles and summarizes the information for use
by Contempt Branch lawyers;
- Assists in preparation for trial by compiling, organizing and indexing
evidence;
- Conducts corporate and asset investigations through computerized databases
provided through contracts with outside vendors.
Attorneys and paralegals who are interested in applying for a permanent position
should send their resume and an unedited writing sample to Stanley Zirkin, Assistant General Counsel, Contempt
Litigation and Compliance Branch, National Labor Relations Board, Suite 10700,
1099 14th Street, N.W., Washington, D.C. 20570. Law students who are interested
in applying for a position should send their resume and an unedited
writing sample to Assistant General Counsel Stanley Zirkin at the above
address. If you have any questions regarding the law student program, please
call Trial Attorney Joan Sullivan, (202) 273-3742.
SPECIAL LITIGATION BRANCH
DIVISION OF ENFORCEMENT LITIGATION
OFFICE OF THE GENERAL COUNSEL
The Special Litigation Branch is primarily responsible for representing the
Board or the General Counsel, as a party or amicus, in litigation in the U.S.
District and Bankruptcy Courts, and the U.S. Courts of Appeals, in all cases
except those arising directly from the enforcement of Board Decisions and
Orders. These cases often involve politically sensitive issues and have a high
public profile. While knowledge of the National Labor Relations Act is
necessary, the Branch's litigation generally involves cases brought under the
Equal Access to Justice Act, the Freedom of Information Act, the Bankruptcy
Code, the Privacy Act, and actions brought to mandate or prohibit specific
conduct by the Board, the General Counsel and other Agency personnel. The
Branch's caseload also includes appellate and contempt litigation in subpoena
enforcement proceedings and rulemaking litigation. It is the Special Litigation
Branch which represents the Agency when it intervenes or appears in litigation
in federal or state courts in which the Board feels that a question affecting
its jurisdiction or processes is presented. Finally, the Branch is an advisor
to the Board's Regional Offices concerning any of the above issues or statutes.
An attorney in the Special Litigation Branch will be involved in some of the
most factually complex and legally difficult questions occurring in the Agency.
Under the guidance of his or her supervisors, the attorney is responsible for
developing the legal theories on which the case will be presented, and for the
necessary research of the law and other supporting authorities. The attorney
then prepares all necessary pleadings, including motions, briefs, and replies.
In cases requiring Board authorization for the Agency's participation, the
attorney will prepare initial recommendations to the General Counsel, and any
subsequent memoranda from the General Counsel to the Board, recommending a
given course of action. Finally, absent unusual circumstances, the attorney
will represent the Board in the U.S. District and Bankruptcy Courts, in the
U.S. Courts of Appeals, and in the state courts, to argue and defend the
Board's positions and the constitutionality of the Act or its application.
The Branch also administers a law student employment program for students who
have completed at least their first year of law school. Candidates must have
strong research and writing skills, and it is preferred, although not required,
that they have taken basic labor law or Federal Civil Procedure. The
availability of paid positions depends on budgetary considerations. The Branch
will cooperate with any university- sponsored program providing for academic
credit. The program operates during the school year as well as the summer.
An attorney or law student interested in applying for a position with the
Special Litigation Branch should submit a copy of their resume, law school
transcript and an unedited writing sample to Abby P. Simms, Deputy Assistant General Counsel, Special Litigation Branch, NLRB, Suite 8600, 1099 14th Street, NW, Washington, DC 20570.
OFFICE OF APPEALS
DIVISION OF ENFORCEMENT LITIGATION
OFFICE OF THE GENERAL COUNSEL
The primary function of the Office of Appeals is to review, on behalf of the
General Counsel, appeals of decisions by the Regional Directors to dismiss or
defer unfair labor practice charges. Procedures governing such appeals are set
forth in Section 102.19 of the Board's Rules and
Regulations. The General Counsel has sole authority to
review and sustain or deny these appeals and the decisions in such cases are not
subject to review by the National Labor Relations Board or in any
court.
When an appeal is filed, the full investigatory file developed in the Regional
Office is forwarded to the Office. The case is then assigned to a staff
attorney for review. This attorney, in conjunction with his or her supervisor,
is expected to review the facts developed in the field investigation, identify
the legal issues involved, find the relevant case law; and orally and in
writing analyze whether, based on case precedent, the decision of the Regional
Director should be reversed. When a reversal is recommended, or where, due to
the novelty of the legal issues presented or the notoriety of the case, review
by the General Counsel is desirable, the attorney, with the assistance of his
or her supervisor, will present the case to either the Assistant Director or
Director of the Office and ultimately to the General Counsel for decision.
Meetings with the General Counsel are held weekly for the purpose of discussing
cases identified by the Office as deserving of General Counsel review. The
Office of Appeals also reviews appeals from Regional Directors' refusals to
provide information from Regional office files to requesting parties seeking
documents and records under the Freedom of Information Act (FOIA). The Office
of Appeals has a tradition of innovative legal work under FOIA and has been
instrumental in assisting the General Counsel in developing the policy of
disclosure of records in the Agency investigative files and on e-mail under
FOIA.
A newly-hired staff attorney will become quickly immersed in the leading labor
law issues on a daily basis. Case assignments cover each and every section of
the Act as it pertains to allegations surrounding unfair labor practice charges
filed by Employers, Unions and individuals. Superior research and writing
skills are a prerequisite for a staff attorney position and a familiarity with
the Act as part of the applicant's law school curriculum would be an asset.
A law student intern in the Office of Appeals would be responsible with the
assistance of supervision for organizing facts from the agency investigative
files; ascertaining the substantive legal issues; interpreting relevant case
law; interpreting and construing pertinent provisions of the Act; analyzing and
presenting oral and written reports of cases at various levels of supervision
including the General Counsel's agenda and preparing disposition letters and
memoranda. A legal internship is available in the Office of Appeals through the Peggy
Browning Fund Summer Intern program and through
cooperative education agreements with law schools whereby law students work in
the Office for scholastic credit.
Inquiries regarding permanent positions or internships available
in the Office of Appeals should be directed to Daniel Levitan, Supervisory
Attorney, Office of Appeals, NLRB, Suite 8712, 1099-14th St. NW., Washington,
D.C. 20570.
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