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§ 23-604. Professional and technical and service and labor units for collective bargaining purp...

West's Annotated Code of MarylandEducationEffective: March 27, 2019

West's Annotated Code of Maryland
Education (Refs & Annos)
Division IV. Other Education Provisions [Titles 21-End] (Refs & Annos)
Title 23. Libraries (Refs & Annos)
Subtitle 6. Howard County Library System--Collective Bargaining (Refs & Annos)
Effective: March 27, 2019
MD Code, Education, § 23-604
§ 23-604. Professional and technical and service and labor units for collective bargaining purposes
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Confidential employee” means an employee who, as a functional responsibility, acts in a confidential capacity to assist Howard County Library System officials who formulate, determine, and effectuate policies in the field of employee relations.
(3) “Management employee” means an employee who, in the interest of the employer, has:
(i) The authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees;
(ii) The responsibility to direct other employees;
(iii) The authority to address the employee grievances; or
(iv) The authority to recommend an action regarding an employee in connection with the exercise of the authority listed in items (i) through (iii) of this paragraph if the exercise of the authority is not merely routine or clerical in nature, but requires the use of independent judgment.
Units for collective bargaining purposes
(b) There is a professional and technical unit and a service and labor unit for collective bargaining purposes.
Employees of professional and technical unit
(c)(1) Except as provided in paragraph (2) of this subsection, the professional and technical unit includes:
(i) Professional classification titles under which employees have special or theoretical knowledge that usually is acquired through college training, other training that provides comparable knowledge, or work experience;
(ii) Paraprofessional classification titles under which employees perform, in a supportive role, some of the duties of a professional or technician but that usually require less formal training or experience than those duties performed by those with professional or technical classification titles; and
(iii) Technical classification titles under which employees have basic technical knowledge and manual skills that are usually acquired through specialized postsecondary school education or through equivalent on-the-job training.
(2) The professional and technical unit does not include management employees or confidential employees.
Employees of service and labor unit
(d)(1) Except as provided in paragraph (2) of this subsection, the service and labor unit includes classification titles under which employees perform service and maintenance, may operate specialized machinery or heavy equipment, and contribute to the comfort and convenience of the public or to the upkeep and care of the employer's buildings, facilities, and grounds.
(2) The service and labor unit does not include management employees or confidential employees.
Management employees
(e) When determining whether an employee is a management employee for the purposes of excluding the employee from a bargaining unit under subsection (c)(2) or subsection (d)(2) of this section:
(1) The exercise of any single function listed in subsection (a)(3) of this section does not necessarily require the conclusion that the employee is a management employee;
(2) Job titles may not be the exclusive basis for concluding that the employee is a management employee; and
(3) The nature of the employee's work, including whether or not a major portion of the working time of the employee is spent as part of a team with nonmanagement employees, must be considered.

Credits

Added by Acts 2013, c. 648, § 1, eff. Oct. 1, 2013. Amended by Acts 2019, c. 8, § 1, eff. March 27, 2019.
MD Code, Education, § 23-604, MD EDUC § 23-604
Current through legislation effective through May 8, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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