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Post by Sea&Ski on May 27, 2014 14:02:34 GMT -5
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Post by jessejames on May 27, 2014 19:47:20 GMT -5
Am I correct that this position requires more than just being on the ALJ register, but actual experience as a federal ALJ?
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Post by hopefalj on May 27, 2014 20:25:05 GMT -5
Am I correct that this position requires more than just being on the ALJ register, but actual experience as a federal ALJ? You are correct. Like most other agencies, the NLRB only hires from current ALJs rather than newbies off a cert. |
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Post by whyohwhy on May 28, 2014 11:22:45 GMT -5
The job has a lot of pros and cons. NLRB judges generally preside over full blown adversarial hearings. As the posting alludes to NLRB judges are assigned to various offices but actually can live anywhere and work from home. Trials though are done where the parties are so travel can be unpredictable and extensive. Also hearings tend to take place in improvised space rather than courtrooms since the NLRB doesn't have that kind of infrastructure. Think staying at the holiday inn in Allentown, PA for a month while you are conducting a hearing downstairs in a meeting room and you have some idea of what the job can be like. As with most adversarial litigation,the parties often reach settlements and while you might be managing a fairly large docket, you may only preside over 4-5 trials a year. I believe they write They write their own decisions/orders but that may be wrong.
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Post by workdrone on May 29, 2014 7:34:46 GMT -5
Once someone leaves the SSA as a ALJ, can you return to the SSA as an ALJ? What would the process be - calling Bob? It has happened in the past. But this is conditional on you having a good track record at SSA and OCALJ wants you back. There is no right to return once you transfer out. Additionally, if they let you come back, the office they offer you may not be the office you came from or the office you want to go to. |
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Post by puravida on May 29, 2014 12:13:53 GMT -5
Most trials are conducted in the NLRB Regional Offices, where General Counsel is located, as GC prosecutes the cases. We do write our own decisions and do our own legal research. You may be assigned cases anywhere in the country, regardless of your office assignment, and you generally only have a few weeks' notice of the trial, sometimes less. GC schedules the trial dates and notifies the Division of Judges of those dates, and then the cases are assigned to individual judges. However, the vast majority of the cases do settle. The job requires the ability to function completely independently and preside at adversarial, sometimes very contentious, trials. There are usually 3 parties, and sometimes multiple counsel for each party. It is not an easy job but it is very interesting. Knowledge of NLRB law and/or experience presiding over adversarial hearings is very helpful.
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Post by sealaw90 on May 29, 2014 12:30:32 GMT -5
That actually sounds like a great gig. I would assume that the FRE are applied to the cases, as opposed to SSA non-adversarial hearings where the rules are extremely relaxed. is that correct?
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Post by robespierre on May 29, 2014 17:34:58 GMT -5
The job opening says you'd be traveling up to 75% of the time. True?!?!?
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Post by privateatty on May 30, 2014 5:52:06 GMT -5
The job opening says you'd be traveling up to 75% of the time. True?!?!? From what I know from my friend over there, the answer is no. While we have never outlined what is a typical month, I suspect it is one trial that may last a few days (maybe a few days less or more) with multiple witnesses. You travel there and back and wait for the transcripts whereupon you write what is likely a lengthy decision at home and/or in the office. |
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Post by puravida on May 30, 2014 16:29:53 GMT -5
Yes, the FRE apply.
The length of trials varies depending on the complexity of the case. They range from a day or 2 to several weeks. Most of mine have been 3-4 days.
Our dockets are small; most judges carry maybe 5-8 cases, but it varies. However, that number is deceptive. There is an enormous amount of research required for each case. All we get are the pleadings, and they don't provide a lot of detail. I like to do some research before the conference calls, so I can better facilitate settlement. In those calls, I learn more about the case, so I can do more research before the trial. That assists in making my rulings; I don't know what's relevant if I don't know the applicable law. Every case is different; there are nuances that change everything.
After the trial, most judges start to draft the decision, writing up the facts and doing preliminary research. The parties have a month to get their briefs in, and they are of varying quality. Then, I find, it takes about a month to complete the decision, sometimes longer. Some judges, especially those who have been with the Board for many years, are faster than I am. Our decisions are posted online, if you are interested in reading some. Go to the NLRB website, then click on Cases and Decisions. ALJ and Board decisions are posted. (FWIW, if you click on Reports and Guidance, you will also find the Judges Benchbook, the Casehandling Manual, and the Rules and Regulations, that give you some idea about what we deal with.)
Most cases do settle but I don't know the statistics, maybe 90%. Some settle quickly; others may not settle until the week before trial, or worse, the night before, when you are on the plane or have already traveled.
No, we do not travel 75% of the time. We may make travel arrangements that often, but most of those cases will fall out, either due to settlement or a continuance for one reason or another. You might be assigned 2-3 cases in Detroit and 2-3 cases in St. Louis for the same week, but you could only actually do one trial. You make the travel arrangements, knowing that most will fall out. If, by the week before the trials, they do not appear to be resolving, then they will be reassigned to other judges. A caveat: when you are new you will travel most of the first month or two. They want you to have some trials, so you will have decisions to write. They will take cases from other judges, anywhere they can find them, to give you work.
The job is interesting and it is challenging. It certainly does wake up your brain after SSA. I think it is a great job, but like any job, it isn't for everyone.
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Post by sealaw90 on Jun 2, 2014 8:14:44 GMT -5
Purvida,
You've only whet my appetite, but first things first, I need to get hired by SSA! thanks for all the insight, it is really appreciated.
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Post by spousemouse on Jul 26, 2014 11:40:46 GMT -5
The three new judges were announced this week. I shared this in the city poll thread, as it may re-open current cert cities, but realized it belonged here as well.
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