(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.