State of Maryland

MANAGEMENT SERVICE      BARGAINING UNIT: X

An Employee and Labor Relations Representative Senior, DBM is the senior level of employee and labor relations and representative work at the Department of Budget and Management (DBM).  Employees in this classification serve as Statewide experts on personnel law and the collective bargaining law, as well as the terms and conditions of the various memoranda of understanding (collectively “MOUs”), and a variety of federal laws, including but not limited to the Family and Medical Leave Act, Americans with Disabilities Act, and the Fair Labor Standards Act. Employees in this classification must possess a strong understanding of the way in which cases under the National Labor Relations Act inform decisions within the State’s labor relations framework. Employees in this classification must possess and display strong skills in negotiating and conflict management and possess exceptional oral and written communications skills. Employees in this classification may represent 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), and also may represent the State’s interests in dispute resolution and other labor relations matters.    Employees in this classification may lead the work of lower-level Employee and Labor Relations Consultants or Management Advocates.

Employees advocate management’s position by preparing and presenting grievance and disciplinary appeal cases at OAH, preparing and presenting cases in the dispute resolution process, conducting administrative conferences and rendering decisions related to employee grievance and disciplinary appeals or in the dispute resolution process, acting as adjudicators of employee grievance and disciplinary appeals and advising agency staff on employee and labor relations issues as subject matter experts.  Employees in this classification act as representatives on Statewide issues in collective bargaining, including, but not limited to representing the State at Statewide Labor Management Committee meetings and handling negotiations on behalf of the Executive Director of the Office of Personnel Services and Benefits with minimal oversight. 

Employees in this classification receive managerial supervision from the Director of Employee and Labor Relations Division or other administrative official.   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.

Position placement in this classification is determined by 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 a class specification.

The Employee and Labor Relations Representative  Senior, DBM is differentiated from the Employee and Labor Relations Representative , DBM in that the Employee and Labor Relations Representative  Senior, DBM functions independently under managerial supervision and possesses the highest level of proficiency in the field of employee and labor relations, or may lead the work of an Employee and Labor Relations Representative, DBM and/or Management Advocate within the Employee and Labor Relations Division of the Office of Personnel Services and Benefits (OPSB), while the Employee and Labor Relations Representative , DBM performs the full range of duties and responsibilities under managerial supervision.

· Advises agency representatives in all types of grievance and disciplinary appeals heard at OAH as well as the MOU Dispute Resolution Procedure, 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 and renders decisions related to grievance and disciplinary appeals and MOU Complaints as designee of the Secretary of Budget and Management;

· Reviews facts and determines appropriateness of imposed discipline based on information 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  information presented in grievance appeals;

·  Advises agency representatives in settling disciplinary and grievance appeals at settlement conferences held by the Department of Budget and Management;

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

· Interprets contract language and State Collective Bargaining Law in consultation with the State’s Chief Negotiator and AAG for DBM and advises agency HR, supervisors, and managers on related questions to ensure consistent application and preservation of management rights and discretion;

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

· May design and deliver training on employee and labor relations-related topics to State Personnel Management System agency personnel;

· Represents the State of Maryland in negotiations with exclusive bargaining representatives and takes detailed notes to record the content of labor proposals and related discussions with exclusive representatives, so that management responses and contract language can be developed;

· Advises Chief Negotiator on bargaining strategies by interpreting labor agreements, relevant case law, regulations, and policies;

· Identifies and tracks areas of existing MOUs that have caused operating difficulties for State agencies over the term of the MOU through discussions with Director of Employee and Labor Relations and agency representatives, and reports them to the State’s Chief Negotiator with recommendations for appropriate MOU modifications;

· Develops complex bargaining proposals and counterproposals;

· Displays skill in writing technical contract provisions;

· 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 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 management service classification in the State Personnel Management System. All positions in this classification are management service positions.

Class Specifications for Management Service classes provide information about the Nature of Work, Examples of Work and General Requirements. 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 classification is not assigned to a bargaining unit as indicated by the designation of X (excluded by executive order). 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.