A. Factors

A managerial employee is someone who:

  • participates to a substantial degree in formulating or determining policy;
  • assists to a substantial degree in the preparation for or the conduct of collective bargaining on behalf of a public employer; or
  • has a substantial responsibility involving the exercise of independent judgment of an appellate responsibility not initially in effect in the administration of a collective bargaining agreement or in personnel administration.
  • Examples of Evidence

To show the degree, if any, the incumbent in the disputed position participates in policy-making, the parties should supply the Division with any policies that the employee has drafted. The parties should explain who recommended the policy's adoption, drafted it, and, if applicable, approved of it before implementation. The parties also should indicate the frequency with which the employer accepts the employee's policy recommendations.

The parties may assist the Division to determine whether and to what degree an employee participates in collective bargaining by submitting documents related to the parties' last round of negotiations either for a successor contract or for a mid-term issue. The parties should detail the role that the incumbent in the disputed position plays during the bargaining process. If the employee recommends negotiating proposals, the parties should list the proposals that the employee recommended during the last round of negotiations, either for a successor contract or for a mid-term issue, and indicate when the employee recommended them and whether the employer accepted them.

Independent judgment may be illustrated by furnishing copies of Step 2 or higher grievance decisions that the incumbent in the disputed position has made. If the incumbent in the disputed position assists in administering the collective bargaining agreement, the parties should identify the applicable portion of that agreement, explain what duties the employee performs with respect to it, indicate the frequency with which the employee performs those duties, and list examples. Similarly, the parties should explain the employee's functions regarding personnel matters, if applicable, list examples, and show the frequency of his or her involvement.

  • Confidential Employees

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