Announcement No.

Position Applied for:

DISCUSSION OF EVALUATION FACTORS

(H) 1. Comprehensive knowledge of the laws, policies, regulations and procedures in the Departmental Programs.

As an attorney in the Office of the Solicitor for over 18 years, I have handled cases for almost every agency within the Department of Labor. However, my primary involvement has been in cases and programs under the Employment Standards Administration, including but not limited to Fair Labor Standards Act. In addition I have served for many years as the Solicitor's representative on the Regional Farm Labor Coordinated Enforcement Committee.

I have had broad experience in the Davis-Bacon and Service Contract Act matters. In these matters I have tried cases resulting in recovery of as much as 100% of claimed back wages and in the debarment of respondent contractors.

My work in the subpoena/FOIA/Privacy Act area, which I coordinated for some time, is also relevant to issues repeatedly confronted by agencies within the Department.

I have continued to develop expertise in new areas as well. For example, I recently became involved the handling of H-1B immigration matters and the Family and Medical Leave Act.

I currently coordinate OFCCP (Race, sex and disability discrimination and affirmative action in federal contracts) and LMRDA (union democracy) cases handled by my office.

My legal skills and my ability to work closely with the investigators in the Wage and Hour Division have resulted in a number of published opinions favorable to the Department. Among these are:

• Secretary v. Lauritzen, 624 F. Supp. 966 (E.D Wisc. 1985) and 649. F. Supp. 16 (E.D. Wisc. 1986), 835 F.2d 152 (7th Cir. 1987) (Cert. denied 488 U.S.898.) This case was a significant milestone in the extension of Fair Labor Standards coverage to migrant laborers.
• Secretary v. Dill et al., 696 F. Supp. 401 (N.D.Ind. 1988). This case broke a log jam of opinions and litigation over coverage of the FLSA in the in-home carpet cleaning industry.
• Secretary v. Morefield Construction Co., et al. 745 F. Supp. 1231 (E.D. Mich 1990) This case was the first in the Sixth Circuit to clearly establish interstate commerce coverage based solely on the intrastate purchase of goods and materials originating in other states.
• Secretary v. Curtins, 30 Wage and Hour Cas. 1380 (BNA), available on Lexis (D. Minn, 1992). This case appears to be the first published decision which establishes traditional interstate commerce coverage solely on telephone conversations.

  In the course of the above referenced matters, and others as well, I have acquired and demonstrated a comprehensive knowledge of the laws policies, regulations and procedures in most of the programs served by the Office of the Solicitor.

  (H) 2. Ability to establish program goals and take action to accomplish the mission of the organization.

  During the past 18 years I have participated on an increasing basis in the management of and coordination of program areas within the Office of the Solicitor. For more than a dozen years, I have served as the Solicitor's representative to the Regional Farm Labor Coordinated Enforcement Committee and have coordinated Regional SOL Farm Labor enforcement. For many years, I have served as the coordinator responsible for enforcement of Labor-Management laws, including supervision and planning of LM enforcement. Since 1992, I have served as coordinator of OFCCP programs in this office, working closely with Regional officials and staff to coordinate and develop litigation strategies as well as supervising litigation.

  In recent years, I have played a major role in this office's information management, in coordinating matters relating to computers and online communications, and I have and I have been directly involved in developing the recommendations which were implemented for the upgrade of our computer operations. This activity has given me insight into the budget and financial management aspects of the office as well.

  Through these activities and others I have demonstrated the ability to develop and establish program goals and take action to accomplish the mission of the organization.

  (H) 3. Ability to establish and maintain effective working relationship with Federal, State and local officials, employers, business groups and employee organizations.

  The matters discussed with regard to the other evaluation factors demonstrate my abilities in this area. Perhaps the most dramatic demonstration of my abilities to establish and maintain effective relationships was the level of public, private, Federal and State cooperation that resulted in the successful Lauritzen matter.

  The original complaint had been referred by Legal Action of Wisconsin to the Wage and Hour Division in Madison, Wisconsin. With their cooperation, the cooperation of Texas Rural Legal Aid, and investigators in the Wage and hour Division in Texas, I was able to coordinate extensive discovery in Texas and Wisconsin and to obtain the cooperation of witnesses who never would have testified under other circumstances. Only by obtaining the cooperation of individuals at all levels was it possible to achieve the significant victory obtained in this matter in the face of adverse precedent and motivated opposition.

  In my work on the Regional Farm Labor Coordinated Enforcement Committee I regularly meet with representatives of OSHA, ETA, Wage and Hour, INS and other federal, state and local government officials. As a result, I have been repeatedly invited to speak at regional and state meetings related to migrant programs.

  I have also been asked to speak to other groups regarding the Federal labor laws. Most recently, I spoke to a local Bar Association on the 1996 amendments to the FLSA.

  (H) 4. Ability to effectively supervise, develop and utilize staff and to meet and deal effectively with a variety of individuals.

  Over the years, I have supervised the work of a number of attorneys involved in various litigation programs. I have demonstrated skills in assisting attorneys in the development of litigation strategies and techniques, especially in Wage and Hour programs. I have also supervised the work of paralegal and other support staff.

  In addition, for several years I have served as coordinator for OFCCP matters in this office and have supervised the work of a new attorney in this area. During this period I have met frequently with representatives of the Agency, both in formal JRC conferences and in informal attempts to facilitate the work of that agency.

  I have been extensively involved in various programs involving internal labor-management matters within the department, having tried personnel related matters before the FLRA, the MSPB, the EEOC and the U.S. District Courts in several states. I have represented a variety of agencies in these sensitive matters, including Wage and Hour, OSHA, ETA, and MSHA, PWBA. My representation of the Department in these matters has given me increased insight into effective supervision and management.

  In recent years I have been actively involved in information management within the office. In this role I have also worked closely with the support staff and attorneys to make the transition to a fully computerized workplace more efficient and less intimidating for all concerned. This work has required skill in establishing rapport with staff.

  Outside the government, I have served in leadership positions in community organizations. These activity has required me to develop tact and sensitivity to the needs of various constituencies to obtain cooperation and reach organizational goals.

  Ten years as a junior high school teacher in an inner city upper grade center, gave me intensive training in working with and supervising a variety of people, sometimes under extremely adverse circumstances.

  I have also served as a Chair Qualified Arbitrator for the mandatory arbitration program in the Cook County Courts. In this role, I presided over the trial of matters referred by the Court for mandatory arbitration.

  In addition I have served on the Federal Executive Board Employee of the Year panel, reviewing the submissions of this year's candidates and rating them for the award.

  The foregoing activities contribute to and demonstrate my ability to effectively supervise, develop and utilize staff and to meet and deal effectively with a wide variety of individuals.

  (H) 5. Ability to communicate clearly and effectively with persons of all levels.

  Virtually all of the experience I have describes in response to evaluation factors 1 though 4 required clear and effective communication with persons on all levels and in many walks of life.

  I have had extensive experience in public speaking, having argued countless motions and spoken on numerous occasions at public hearings sponsored by the department or by other agencies concerned with Labor issues. The effectiveness of these presentations is manifested by a significant success rate on oral argument and, as indicated above, by repeated invitations to return public meetings and to training sessions sponsored by DOL agencies.

  My work on major Central States ERISA litigation and on other matters early in my career, required me to meet regularly with and to communicate with officials at the highest levels within and outside the department. Since that time, I have continued to develop those skills.

  SPECIAL SKILLS ACCOMPLISHMENTS AND AWARDS

  I have repeatedly received the Special Achievement Award of the Department of Labor and have received additional cash awards as well. I have served as an elected Director of the Department's PC Users Group in Chicago. I am currently an president of a local PC users group and I am a recognized creator of award winning pages on the World Wide Web.

  I have been active in community affairs and organizations and have served on boards of directors with significant budget and planning responsibility.

  I am a licensed attorney. My current state registration became effective January 1, 1997. I am a member of the Trial Bar of the Northern District of Illinois and am licensed to appear before the Seventh Circuit Court of Appeals and other jurisdictions. I am also a Chair Qualified Arbitrator in the Cook County Circuit Court.

  LEONARD A. GROSSMAN
  Rev.5/14/97 10:27:28 PM