State of Maryland

A Management Advocate Program Chief is the managerial level of employee relations work at the departmental level in 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 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 advising agency staff on employee relations issues as subject matter experts.  Employees in this classification supervise, directly or through subordinate supervisors, Management Advocates and may supervise other employee relations professional staff and support staff.

Employees in this classification receive managerial supervision from a Human Resources (HR) Director or Deputy 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 Program Chief is differentiated from the Management Advocate Supervisor 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 while the Management Advocate Supervisor has supervisory responsibility for lower-level Management Advocates.  The Management Advocate Program Chief is differentiated from the Management Advocate Senior in that the Management Advocate Senior functions as an employee and labor relations program expert for the Department of Budget and Management and provides technical advice and guidance on a statewide basis. 

Plans, coordinates, directs and evaluates the technical and administrative operations of a departmental employee relations program to include grievance disputes and disciplinary actions, standards of conduct and the performance evaluation process, conducts administrative conferences for first or second step conferences and represents agency management at settlement conferences and administrative hearings;

Supervises, directly or through subordinate supervisors the work of the employee Management Advocates;

Establishes the employee relations program goals and objectives, develops and implements departmental employee relations policies and procedures, and evaluates the accomplishments of employee relations services;

Provides technical and administrative oversight and project leadership on high priority or controversial employee relations projects and issues;

Trains and provides direction to subordinate staff on the appropriate interpretation of applicable SPMS laws, regulations and policies as well as OAH decisions and State and federal court rulings related to the grievance and disciplinary appeal process;

Trains staff on the proper conduct of disciplinary and grievance conferences and hearings, and on the presentation of witnesses and evidence;

Directs the representation of agency management to defend 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;

Reviews and approves written decisions on grievance, disciplinary and dispute resolution complaint appeals;

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;

Directs employees who represent the agency in settling disciplinary and grievance appeals at settlement conferences held by the Department of Budget and Management;

Directs, develops and presents employee relations-related training to agency human resources staff and program staff;

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

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.