At the MBTA, we envision a thriving region enabled by a best-in-class transit system. Our mission is to serve the public by providing safe, reliable, and accessible transportation. MBTA’s Core Values are built around safety, service, equity, sustainability, and culture. Each employee that works for the MBTA performs their roles based on our vision, mission, and values. This includes attendance, participation, and contribution in local safety committee meetings as needed.

The Senior Counsel, Employment & Labor, will: (1) provide high-level employment and labor-related advice and counseling, and (2) represent the MBTA and MassDOT in employment and labor-related litigation. The Senior Counsel reports directly to the Senior Lead Counsel and then to Managing Counsel for Employment & Labor. Senior Counsel will deliver excellent legal services to advance the MBTA's and MassDOT's interests relative to all employment and labor-related matters. The Senior Counsel collaborates with other Centers of Excellence (COEs) and provides support and mentoring of other employment and labor attorneys and support staff as necessary.

• Work with stakeholders in addressing all types of employment and labor-related issues and in drafting, revising, and implementing employment-related policies based on legal research to ensure compliance with laws, which will have a significant impact on the MBTA and MassDOT. 
• Mentor and guide MBTA employment and labor attorneys along with Senior Lead Counsel.
• Provide confidential legal advice and counsel to stakeholders in the areas of employee hiring, performance, discipline, and separation.
• Investigate complex MCAD and EEOC claims and respond to complex federal and state MCAD, EEOC, DOL, DLR, and other agency charges and complaints.
• Defend arbitrations and MCAD, EEOC, DLR, DOR, and Civil Service complaints. Handle negotiations, mediations, and alternative dispute resolution of employment and labor-related matters. 
• Research, inform, and interface with stakeholders regarding existing and/or changes to state and federal employment and labor laws.
• Support outside counsel in their handling of employment and labor matters. 
• Work directly with the Senior Lead Counsel, Managing Counsel and General Counsel to identify and review risk assessments of policies related to employment and labor. 
• Provide guidance to senior managers on compliance with applicable laws, regulations, and policies.
• Communicate with representatives of other agencies and collaborate with cross-agency teams and stakeholders to share information, resolve issues, and develop or implement new programs.
• Prepare reports on case status, risk exposure, and dispositions, which may include sensitive and confidential personnel information.
• Maintain data in management system on a timely and complete basis.
• Provide legal advice and counsel to stakeholders on collective bargaining related matters. 
• Keep informed of legal developments and changes in employment and labor law.
• Adhere to the rules, regulations, collective bargaining agreements (if applicable) and policies including the EEO, Anti-Discrimination and Anti-Harassment and Anti-Retaliation policies.
• Respond to employment and labor-related emergencies.
• Perform all other duties and projects that may be assigned.

Supervision

• No direct reports.

• A Juris Doctorate from an accredited institution.
• Have a membership in good standing with the Massachusetts Bar including annual registration and certification by the Board of Overseers.
• Eight (8) years of experience handling employment-related matters as a practicing attorney with at least five (5) years of experience practicing before administrative agencies, such as the Massachusetts Commission Against Discrimination (MCAD) and the Equal Employment Opportunity Commission (EEOC), preferably while working for government agencies.
• Eight (8) years of experience providing employment-related advice and counseling.
• Four (4) years of experience providing labor-related advice, including handling arbitration hearings and matters before the Massachusetts Department of Labor Relations (DLR) and/or the National Labor Relations Board (NLRB). 
• Ability to collaborate with, organize, and manage legal and support personnel.
• Excellent verbal and written communication skills, including preparing briefs and motions in administrative agency proceedings.
• Familiarity with e-discovery other legal technology-based tools. 
• Ability to manage and prioritize a high-volume workload.
• Effective organizational, analytical and confidentiality skills.

• None

Preferred Experience and Skills

• None.

Job Conditions:

• Ability to effectively read, comprehend, communicate, and respond to instructions, orders, signs, notices, inquiries, etc. in English.
• Be at least eighteen (18) years of age, except if participating in an approved high school internship / co-op program.
• Ability to commute to assigned work locations in the Boston, MA metro area, as required by the role.
• Ability to provide internal and external customers with courteous and professional experiences.
• Ability to work effectively, independently, and as part of a diverse workforce team (or supervise, if required).
• Ability to uphold the rights and interests of the MBTA while building and maintaining effective relationships with employees and co-workers.
• Ability to adhere to rules, regulations, collective bargaining agreements (if applicable), and policies of the MBTA, including the EEO, anti-discrimination, anti-harassment, and anti-retaliation policies.
• Have a satisfactory work record for the two (2) years immediately prior to the closing date of this posting (unless if current student or recent graduate), including overall employment, job performance, discipline, and safety records (infractions and/or offenses occurring after the closing of the posting and before the filling of a vacancy may preclude a candidate from consideration for selection).
• Ability to pass a Criminal Offender Record Information (CORI) check, comprehensive background screening, and / or medical Clinic screening, potentially including physical examination and drug and alcohol screenings.
• Ability to work all shifts and / or locations assigned, directed, or necessary for this position, including (for some transit / operations roles) up to twenty-four (24) hours per day, seven (7) days per week as necessary to accommodate severe weather conditions, emergencies, or any other circumstances that may potentially impact service or the safety of service.
• Intern / co-op staff must be enrolled full or part-time in an accredited educational program and maintain a cumulative GPA of at least 2.5 for the entire duration of the internship / co-op. Additionally, interns / co-ops must have valid work authorization and U.S. Social Security Number prior to starting pre-employment screenings / pre-boarding, working in their positions, and throughout the duration of their program.

Disclaimers and Definitions:

1. General Disclaimer: The statements contained in this job description are intended to describe a summary, general nature, and complexity of typical job functions and do not represent an exhaustive list of all duties, tasks, and responsibilities required of staff assigned to this position.
2. Application Completion: It is each applicant’s responsibility to ensure application details are entered completely and correctly, including updated work and education histories (past and current). Incomplete applications may not be considered. Attachments do not substitute for application fields. The recruitment team does not have access to existing employee data / history.
3. Application Deadlines: Applicants should apply as soon as possible, as the MBTA may stop considering applicants after a sufficiently large applicant pool is established.
4. Work Environment: The physical demands and work environment characteristics described here-in are representative of those an employee may encounter while performing the essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform essential functions. See job description for role-specific requirements.
5. Work Eligibility: All employees must be legally authorized to work in the United States and on an unrestricted basis. The MBTA does not have an employer work sponsorship program. However, if you have unrestricted work authorization, or are sponsored by a separate entity, you are welcome to apply. Further, all persons hired will require a U.S. Social Security Number prior to starting the position and employees will be required to complete a Form I-9 to verify their identity and eligibility to work in the U.S.
6. Interviews: Candidates should ensure they arrive on time, are prepared, can remain for the duration, and if remote, are in a quiet place without distraction, for the interview. Candidates who do not attend their interview without advance authorization, including an email confirmation of a rescheduled time/date from Human Resources, will be considered a no-show and disqualified from consideration for the position. Related to rescheduling, on a one-time basis, and due to something emergent, you may be allowed to reschedule the interview. In addition, Human Resources may require documentation supporting the request. However, should you need to reschedule, you will need to contact your Recruiter directly by email.
7. Safety Sensitive Positions: Employees working in this classification will be subject to periodic physical examinations plus random drug and alcohol testing.
8. On-call or 24/7 Positions: Employees working in this classification must be available to respond to page / text / call and report to work as determined by assigned department or the Authority.
9. Essential / Emergency Staff: During declared "states of emergency," employees working in this classification are required to report to work for their assigned work hours or as directed by management.
10. ADA Accommodations: The MBTA makes reasonable accommodations for applicants with disabilities. If you require an accommodation during this process, please contact the MBTA's ADA Unit at 617-222-5751 or hradaaa@mbta.com.
11. Diversity, Equity, and Inclusion: The MBTA is an Equal Employment Opportunity Employer. For terms, descriptions, and definitions related to diversity, equity, inclusion, veteran status, and immediate family members that you may find on the application form, please visit mbta.com/careers-app-definitions.
12. Intern / Co-Op Benefits: Employees taking part in an internship or co-op at the MBTA are eligible to receive accrued paid sick leave as well as a monthly transportation pass, based on the city from which the intern / co-op commutes to work, at no cost. However, no additional benefits are currently offered for interns or co-ops.