§23–802.

    (a)    An employee who may effectively recommend an action listed in § 23–801(l) of this subtitle may be deemed a supervisory employee if the employee’s exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature.

    (b)    The exercise of any single function listed in § 23–801(l) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a supervisory employee within the meaning of the definition.

    (c)    In differentiating a supervisory employee from a nonsupervisory employee:

        (1)    A class title alone may not be the basis for determination; and

        (2)    The nature of the supervisory employee’s work, including whether or not a significant portion of the supervisory employee’s working time is spent as part of a team that includes nonsupervisory employees shall be considered.