Definitions of Employee Positions Excluded from Eligibility for Participation in the Collective Bargaining Process


Confidential Employee:

A confidential employee is an employee who has access to confidential or discretionary information, which means information regarding (a) legal advice, (b) the development of policy or procedures pertaining to labor/employee relations, or (c) budget formulation and implementation; or, whose functional responsibilities or knowledge concerning labor/employee relations makes the employee¹s membership in an employee organization incompatible with the employee¹s duties; or, who performs the functions of a Secretary/Administrative Assistant/Executive Administrative Assistant to a Chancellor, President, Vice Chancellor, Vice President, Provost, or Dean of an institution.


Managerial Employee:

A managerial employee is an employee who is engaged predominantly in executive and management functions; or charged with the responsibility of directing the effectuation of management policies and practices.


Supervisory Employee:

A supervisory employee is an employee who has authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.


Also:

Some employees are excluded from participation in the collective bargaining process under the collective bargaining law. These include: Faculty; Faculty Librarians; Student Employees including Teaching Assistants, Fellow or Post-Doc Interns; Contingent, Contractual, Temporary or Emergency Employees including positions funded through Research, or Service Grant or Contract, or Clinical Revenues; and employees whose regular place of employment is outside the State of Maryland.

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