State of Maryland

A Management Advocate II is the full performance level of employee relations work at the departmental level representing management in all types of grievance and disciplinary appeal cases, including terminations, before an administrative law judge in hearings at the Office of Administrative Hearings (OAH).  Employees in this classification advocate management’s position by preparing and presenting grievance and disciplinary appeal cases at OAH, conducting administrative conferences and rendering decisions related to employee grievance and disciplinary appeals, acting as adjudicators of employee grievance and disciplinary appeals and in advising agency staff on employee relations issues.  Employees in this classification do not supervise other positions.

Employees in this classification receive general supervision from a Management Advocate Supervisor, Management Advocate Program Chief or Human Resources (HR) Director.  The work may require travel throughout the State of Maryland to attend conferences, hearings or meetings.  Employees are required to obtain and maintain certification in State Personnel Management System (SPMS) policies and procedures and in the functionality of the Statewide Personnel System (SPS) in order to demonstrate knowledge, understanding and skill in the administration of SPMS Human Resources programs.

Positions in this classification are evaluated by using the classification job evaluation methodology.  The use of this method involves comparing the assigned duties and responsibilities of a position to the job criteria found in the Nature of Work and Examples of Work sections of the class specification.

The Management Advocate I and Management Advocate II are differentiated on the basis of the degree of supervisory control exercised by the supervisor over these employees.  The Management Advocate I performs duties under close supervision at times and under general supervision at other times depending on the complexity of the specific duty being performed while the Management Advocate II performs the full range of duties and responsibilities under general supervision.  The Management Advocate II is differentiated from the Management Advocate Supervisor in that the Management Advocate Supervisor has supervisory responsibility for lower-level Management Advocates.  The Management Advocate II is differentiated from the Management Advocate Senior in that the Management Advocate Senior is an employee and labor relations program expert for the Department of Budget and Management and manages one or more SPMS employee and labor relations services and provides technical advice and guidance on a statewide basis.

Represents agency management by defending determinations in all types of grievance and disciplinary appeals taken to OAH which includes the preparation and filing of documents (i.e. briefs, motions, responses to motions, requests for and responses to requests for discovery, subpoenas), oral arguments regarding motions, evidentiary and procedural objections, preparation of witnesses, and direct and cross-examination of witnesses;

Schedules and conducts administrative conferences as designee of head of the principal unit and renders decisions related to grievance and disciplinary appeals;

Reviews facts and determines appropriateness of imposed discipline based on evidence and testimony presented in disciplinary appeals and in accordance with applicable laws, regulations and policies and case precedents;

Reviews facts and determines whether HR policy or regulation has been interpreted and applied correctly to the grievant based on evidence and testimony presented in grievance appeals;

Represents agency at settlement conferences held by the Department of Budget and Management and exercises discretion in settling disciplinary and grievance appeals;

Maintains records of conferences held and hearings attended;

Advises agency staff on State and federal laws, regulations and policies related to employee relations issues;

May represent agency management at lower levels of the complaint process in the Dispute Resolution Procedure of the applicable Memoranda of Understanding;

Performs other related duties.

Knowledge of federal and State laws and regulations applicable to employee relations;

Knowledge of the Office of Administrative Hearings Rules of Procedure;

Knowledge of the provisions of the State Personnel and Pensions Article, the Fair Labor Standards Act, the Family Medical Leave Act, the Americans with Disabilities Act, Code of Maryland Regulations-Title 17, equal employment opportunity laws and related SPMS policies;

Knowledge of the requirements of the State’s collective bargaining law and related processes;

Knowledge of case precedents and court rulings applicable to human resources management and employee relations;

Skill in recognizing and distilling relevant facts presented in reports and testimony;

Skill in analyzing facts in the context of prevailing laws, regulations and policies;

Skill in providing advice and recommendations on how to address employee relations issues;

Skill in rendering decisions on grievance and disciplinary appeals based on information provided during administrative conferences;

Ability to interpret and apply laws, regulations and policies as well as OAH decisions and State and federal court rulings related to the grievance and disciplinary appeal process and the ability to apply them to fact specific situations;

Ability to prepare and present cases on behalf of the agency management in matters appealed to OAH, including preparing and responding to pleadings and the preparation of evidence and witnesses;

Ability to obtain certification and recertification in SPMS policies and procedures and in SPS functionality;

Ability to use various computer software applications such as word processing, spreadsheet and database applications;

Ability to maintain confidentiality;

Ability to maintain working relationships with all levels of agency staff and employee representatives;

Ability to communicate effectively.

Education:   A Bachelor’s degree from an accredited college or university.

Experience: Two years representing management before an administrative law judge in hearings at the Office of Administrative Hearings, or similar adjudicatory settings that involve all types of grievance and disciplinary appeal cases, including terminations, on a regular and recurring basis.

Note: Candidates may substitute the possession of a Juris Doctor (J.D.) degree from an accredited law school for the required experience.

1. Employees in this classification are required to obtain certification in State Personnel Management System policies and procedures and in the functionality of the Statewide Personnel System from the Office of Personnel Services and Benefits, Department of Budget and Management within six months from the time of appointment to the position. Employees are also required to obtain recertification every six months thereafter.

2. Employees in this classification may be assigned duties which require the operation of a motor vehicle. Employees assigned such duties will be required to possess a motor vehicle operator’s license valid in the State of Maryland.

Class specifications are broad descriptions covering groups of positions used by various State departments and agencies.  Position descriptions maintained by the using department or agency specifically address the essential job functions of each position.

This is a Skilled Service classification in the State Personnel Management System.  All positions in this classification are Skilled Service positions.  Some positions in Skilled Service classifications may be designated Special Appointment in accordance with the State Personnel and Pensions Article, Section 6-405, Annotated Code of Maryland.

This classification is not assigned to a bargaining unit as indicated by the designation of S (supervisor), M (manager), T (agency head), U (Board or Commission member), W (student), X (excluded by executive order),  or Z (confidential).  As provided by State Personnel and Pensions Article, Section 3-102, special appointment, temporary, contractual, supervisory, managerial and confidential employees are excluded from collective bargaining.  Additionally, certain executive branch agencies are exempt from collective bargaining and therefore, all positions in those agencies are excluded from collective bargaining.

This classification is one level in a Non-Competitive Promotion (NCP) series.  NCP promotions are promotions by which employees may advance in grade and class level from trainee to full performance levels in a classification series.  In order to be non-competitively promoted to the next level in a NCP series an employee must: 1)  perform the main purpose of the class as defined in the Nature of Work section of the class specification; 2) receive the type of supervision defined in the class specification, and 3) meet the minimum qualifications of the classification.