Montgomery County, MD

BY DECISION OF:
Jennifer Harling, Esq., Chief Labor Relations Officer                                                                 Date:  August 1, 2025
Office of Labor Relations

The Department of Finance (“FIN”), Division of Risk Management (“DRM”) requested that the Office of Labor Relations (OLR) assess, evaluate, and issue determinations concerning the bargaining unit status of the following Office, Professional, and Technical (OPT) unit positions:
 
Occupational Safety and Health Specialist
Grade 25
Class Specification No. 000282
Position Nos. 000589.1 and 012226.1                                                                                                     
 
FIN, DRM submitted the above-referenced request based on the substantial accretion of Human Resources-related duties specific to these two (2) particular Occupational Safety and Health Specialist, Grade 25 positions, Nos. 000589.1 (as of this writing, incumbered) and 012226.1 (as of this writing, vacant). The position/incumbent of No. 000589.1 performs significant Human Resources-related functions and, in that vein, handles and is privy-to otherwise confidential employee information (including, but not limited to, bargaining unit employee occupational safety and health-related data). FIN, DRM intends to recruit for and structure the now vacant position, No. 012226.1 with these “significant Human Resources-related functions” in-mind as central to the work of that position and as Department needs so compel.
 
In accordance with the Montgomery County Code, sections 33-105(b), 2-25D, and 2-64I (See Editor’s Note), and based on the substantial accretion of Human Resources-related duties for now-incumbered position No. 000589.1, and as intended for now-vacant position No. 012226.1, the Chief Labor Relations Officer has determined that these Occupational Safety and Health Specialist positions are necessarily excluded from the OPT bargaining unit pursuant to the Montgomery County Code, Section 33-102(4)(G)(vii)(which specifically excludes from the bargaining unit an “employee who works for the Office of Human Resources” (OHR) and which has long been understood and applied to employees/positions embedded in County departments other OHR who/which perform, as a substantial portion of their/its duties, Human Resources-related work.
 
Any individual or agent of the certified bargaining representative may file an objection to this determination with the Labor Relations Administrator, with notice to the Chief Labor Relations Officer, within 10 days of the publication of this notice:

Sarah Miller Espinosa, J.D.                                                                                Jennifer Harling, Esq.
Montgomery County Labor Relations Administrator                                              Chief Labor Relations Officer
16 Shermans Ridge Road                                                                                  101 Monroe Street, 12 ^th Floor
Stafford, VA 22554                                                                                           Rockville, MD 20850
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