What makes a position a supervisory or managerial? What is considered leadwork? This section will help you to determine how to complete the PD so that it accurately reflects the level of supervisory or leadwork duties. Oregon State Employee Relations
Board (ERB) administers the laws that govern these guidelines for
public employees and employers. Complete information about the Collective
Bargaining Act can be found at their website.
Criteria for Managerial, Supervisory, and Confidential Positions
At OSU, these positions fall under the "unclassified" job type and are excluded from bargaining unit representation.
Managerial Definition:
Created by the 1995 Legislature,"Managerial employee means an employee of the State or Oregon who possesses authority to formulate and carry-out management decisions or who represents management's interest by taking or effectively recommending discretionary actions that control or implement employer policy, and who has discretion in the performance of these management responsibilities beyond the routine discharge of duties. A managerial employee need not act in a supervisory capacity in relation to other employees."
Supervisory Definition: ORS 243.650(14)
Supervisory employee means any individual having authority in the interest of the employer to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or having responsibility to direct them, or to adjust their grievances, or effectively recommend such action, if in connection therewith, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgement. However, exercise of any function of authority enumerated in this subsection shall not necessarily require the conclusion that the individual so exercising
that function is a supervisor within the meaning of ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.782, 292.055, 341.209, 662.705, 662.715 and 662.785."
Confidential Definition:
ORS 243.650(6) "Confidential employee means one who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the area of collective bargaining."
Managerial
Duties that fall under the designation of "management" are those responsible for:
- Managing and/or determining budgets
- Auditing
- Training managers and supervisors
- Administering personnel duties in unrepresented agencies
As with other changes of positions into management service, discuss potential "managerial employee" exclusions with the Office of Human Resources.
Supervisory
The Employee Relations Board (ERB) has determined that there are four primary duties with authority to effectuate or effectively recommend:
- hiring
- termination
- discipline, and
- respond to grievances or effectively recommend in those areas.
In most instances, a position must perform all primary supervisory duties.
When reviewing a request, be aware of two points.
- If a position meets the criteria for supervision, it must be placed
in Unclassified Service.
- If placing a position in Unclassified Service does not make sense
organizationally (e.g., a unit of five positions with two levels of
supervision), look again at the assignment of duties and responsibilities.
Designation of Leadwork and/or Supervisory Duties on the PD
For the classified PD, leadwork duties must be described in the Description of Duties section and the appropriate categories must be selected in the Leadwork or Supervisory Responsibilities section. For the Faculty PD, supervision and/or leadwork responsibilities requires the appropriate designations be provided in the Leadwork or Supervisory Responsibilities section. For each PD, an interrelationship must exist between the major duties and leadwork designations.
Confidential
The ERB has determined that, for an assistant to be considered a "confidential"
employee, the confidentiality of the one whom this person assists must first be determined.
ERB will examine the extent and nature of the assistance rendered by the
alleged confidential employee. An assistant to a confidential employee
may, for example:
- type and/or edit bargaining proposals
- manage secured strike planning website
- be privy to bargaining planning, or highly sensitive material due to proximity of work area
Confidential duties cannot be assigned prospectively and the employee
must have a track record of performing confidential duties. Also, these
duties may not be assigned for managerial convenience. If there is already
another unclassified position that could do the work, though it requires
the rearrangement of duties, the exclusion will not be upheld.
An employee involved in work that is confidential in the sense that it
is personal, deals with personnel or restricted information, is not confidential
in the labor relations sense as defined in ORS 243.650(6).
Criteria for Lead Work Positions for Classified Employees
Classified positions do not perform managerial/supervisory duties; however, lead work may be assigned. These duties are to be formally delegated in writing by the employee's supervisor. A pay differential may be required, depending on the percentage and length of time that these duties are performed. Detailed criteria and guidelines are available in the SEIU/OPEU Bargaining Contract, Article 20, Section 5. Lead work duties may include, but are not limited to the following:
- orient new employees
- assign or reassign tasks to accomplish prescribed work efficiently
- give direction to workers concerning work procedures
- review work of employees; provide informal assessments of workers' performance to supervisor
|
