Construction and Maintenance Technician Apprentice _, CSC Docket No. 2020-576

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BackgroundThe Division of Agency Services (Agency Services) requests the establishment of a two-year Construction and Maintenance Technician Apprentice title and its allocation to the noncompetitive division of the career service.

By way of background, as set forth in the attached request, Agency Services presents that the subject title series is currently assigned to the Department of Transportation (DOT). DOT has requested that the title series be restructured to meet its current needs and to remove inconsistencies between the levels. In that regard, Agency Services indicates that the title series would be renumbered with the Construction and Maintenance Technician 1 title being at the lowest level and the Construction and Maintenance Technician 4 title being at the highest level in the title series. Incumbents will be laterally moved to the new levels with no loss of existing status. Additionally, the Construction and Maintenance Technician 5 title will be made archaic and inactivated once the title is vacated.! Proposed job specifications for the levels have been drafted to reflect the changes.

Against this backdrop, DOT requests the creation of a two-year apprentice title to serve as an entry level title in the title series and to mect its rapid recruitment needs. Incumbents in the position will receive on-the-job training. Incumbents who successfully complete the apprenticeship program will be advanced to the restructured title of Construction and Maintenance Technician 1. See

' Tt is noted that several employees are serving provisionally pending open competitive procedures as Construction and Maintenance Technician 5s.

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N.J.A.C, 4A:3-3.7G). Moreover, Agency Services requests that the new title be assigned to the noncompetitive division due to the impracticability of competitive testing. It notes that there are no experience requirements that applicants must meet, and thus, there is no skillset to be tested. Applicants will only require possession of a high school diploma and high school level mathematics courses. Agency Services also specifies that the appropriate negotiations representatives have been notified, in accordance with N.J.A.C. 4A:3-3.3(f), and that the Office of Employee Relations has reviewed and assigned the bargaining units. Finally. Agency Services notes that the renumbering of the levels of the title series, the lateral title changes, and archaic designations will become effective the same date the Commission sets as the effective date for the establishment of the Construction and Maintenance Technician Apprentice title.

CONCLUSION

RuleN.d.A.C. 4A:3-3.2(a) provides that the Commission shall establish and maintain classification plans for all job titles in the career, senior executive and unclassified services. Additionally, N.J.A.C. 4A:3-3.3(a)2 and N.J.A.C. 4A:3-3.3(a)3 provide that the Chairperson of the Commission or designee shall implement and administer the classification plans and, in this regard, shall establish new titles. abolish unnecessary titles, consolidate titles, and modify specifications for existing titles or series to ensure their accuracy.

AnalysisN.J.A.C. 4A:3-1.2(¢) provides that a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Commission that it is appropriate to make permanent appointments to the title and one or more of the following criteria are met:

1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job;

2. Certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authoritics due to such factors as salary, geographic location, recruitment problems and working conditions; or

3. There is a need for immediate appointments arising from a new legislative program or major agency reorganization.

Based on all of the foregoing, ample reasons exist to establish a Construction and Maintenance Technician Apprentice title in the noncompetitive division of the career service pursuant to NJAC. 4A:3-1.2(c)1. The Consiruction and Maintenance Technician Apprentice title is an entry-level title with no experience requirements and minimal education requirements. Incumbents will gain the necessary skillset during the apprenticeship program. Additionally, it is noted that incumbents would be required to complete a four-month working test period prior to attaining permanent status. See N.J.A.C. 4A:4-5.1(b) and N.wA.C. 4A:d-5.2(b)2. Accordingly, competitive testing is impracticable for this title.2

ORDER

Therefore, it is ordered that this request be granted and that the title of Construction and Maintenance Technician Apprentice be established and allocated to the noncompetitive division. This action shall be effective the first pay period following the Commission’s approval.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.