State of Maryland

A Management Advocate Senior is the program expert level of employee and labor relations work in the Department of Budget and Management (DBM) involving the representation of 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 serve as State technical program experts in the management of one or more State employee and labor relations program services and in advising staff, managers and executives in State agencies and departments on employee relations and labor relations matters.  Employees in this classification advocate management’s position by preparing and presenting cases at OAH, conducting administrative conferences and rendering decisions related to employee grievance and disciplinary appeals and acting as adjudicators of employee grievance and disciplinary appeals.  Employees in this classification may supervise lower-level Management Advocates, other HR professionals and support staff.

Employees in this classification receive managerial supervision from the Director of Employee and Labor Relations in the Office of Personnel Services and Benefits, DBM.  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 Senior is differentiated from the Management Advocate II in that the Management Advocate Senior functions as an employee and labor relations program expert for DBM and manages one or more SPMS program services and provides technical advice and guidance on a Statewide basis, while the Management Advocate II performs the full range of employee relations duties and responsibilities for a State department under general supervision.  A Management Advocate Senior is differentiated from the Management Advocate Supervisor in that the Management Advocate Supervisor has supervisory responsibility for lower-level Management Advocates in a State department employee relations unit.  The Management Advocate Senior is differentiated from the Management Advocate Program Chief in that the Management Advocate Program Chief functions as the chief or manager of an employee relations program for a State department and supervises, directly or indirectly through subordinate supervisors, Management Advocate staff.

Oversees and coordinates one or more SPMS employee and labor relations program services, such as, the classification grievance function or the collective bargaining dispute resolution procedure;

Provides technical assistance and consultation on sensitive and complex employee and labor relations matters to Human Resources staff, program managers and executives in State agencies and departments;

Represents DBM management by defending determinations in all types of grievance and disciplinary appeals heard at OAH including 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 management at Settlement Conferences held by the Department of Budget and Management and exercises discretion in settling disciplinary and grievance appeals;

Analyzes complex employee and labor relations issues and problems, and recommends the appropriate course of action and viable alternatives as a key technical and primary State subject matter expert;

Develops and presents training to agency human resources staff and program managers on various employee and labor relations matters, such as leave usage and management, interpretation of the Fair Labor Standards Act laws, State collective bargaining and the performance planning and evaluation process;

Advises staff in State agencies and departments on State and federal laws, regulations and policies related to employee and labor relations issues;

Represents the State before the State Labor Relations Board in complaints filed under the Dispute Resolution Procedure of the various Memoranda of Understanding;

Participates on behalf of the State in unfair labor practice cases and other matters before the State Labor Relations Board;

Provides assistance and support to the legal staff of the Office of the Attorney General in matters relating to unfair labor practices and on grievance and disciplinary decisions forwarded to the Circuit Court;

Attends collective bargaining negotiations and provides technical assistance to the Executive Director of the Office of Personnel Services and Benefits;

Maintains records of conferences held and hearings attended;

Performs other related duties.

Specific educational and experience requirements are set by the agency based on the essential job functions assigned to the position.

Note: 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.

Class Descriptions 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.

Class Descriptions provide information about the Nature of Work, Examples of Work, General Requirements and Acknowledgements.  The Required Knowledge, Skills, and Abilities; Minimum Education and Experience Requirements; Special Requirements; and recruitment and testing procedures are set by the using agency.

This is a Management Service classification in the State Personnel Management System.  All positions in this classification are Management Service positions.

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.