Aviation Mechanic and Master Aviation Mechanic Titles, CSC Docket No. 2024-282

BackgroundThe Division of Agency Services (Agency Services) recommends reallocation of the Aviation Mechanic and Master Aviation Mechanic titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

By way of background, the instant request originated with the Division of State Police, Department of Law and Public Safety. It stated that the “New Jersey State Police [NJSP] Aviation Bureau operates the largest helicopter fleet in the State of New Jersey and is responsible for a multitude of mission sets. The Aviation Mechanic position is critical to the safety and operation of this fleet of sophisticated single and transport category twin turbine engine helicopters. They provide highly skilled and specialized maintenance for around the clock air ambulance operations . . . [,] are critical to medevac operations and are responsible for the continued airworthiness of the NJSP Aviation Bureau aircraft in accordance with Federal Aviation Administration (FAA) regulations, Manufacturer Maintenance Specifications, and the Aviation Bureau FAA Repair Station Specifications.” Therefore, the appointing authority maintains that candidates “are sought out and hired only after they have been thoroughly interviewed and proven to have the significant, extremely technical knowledge and experience required by this position.” Moreover, it submits that the Division of State Police “invests significant time and capital on training provisional Aviation Mechanics. These personnel are not easily replaced due to stringent job requirements and the shortage of qualified candidates nationwide.” “Placing these job titles in the non-competitive division would allow the NJSP and its pilots a sense of security and stability in the safety of New Jersey’s fleet.”

In support of the request, Agency Services asserts that competitive testing is not practicable due to the highly specialized knowledge, skills, and abilities associated with the job titles. In that regard, it states that the Aviation Mechanic must have the ability to identify and analyze causes of malfunctions and to utilize proper tools and materials on an aircraft. Similarly, the Master Aviation Mechanic must have the ability to ensure adherence to established tolerances and rigid standards performed by subordinate Aviation Mechanics on aircrafts. In addition, Agency Services contends that certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities. It submits that, over the past 10 years, the Aviation Mechanic title has consistently met the criteria for a qualified unassembled examination, where all eligibles receive the same base score. In these cases, an insufficient number of candidates applied for testing to usefully differentiate the candidates on the basis of merit or fitness, and ultimately resulting in non-competitive situations. Moreover, Agency Services confirms that the appropriate negotiation representatives have been notified in accordance with N.J.A.C. 4A:3-3.3(f) and no objection has been received. Therefore, Agency Services recommends that the titles be reallocated to the non-competitive division of the career service, effective the beginning of the pay period which follows the approval of the Civil Service Commission (Commission).

CONCLUSION

RuleN.J.A.C. 4A:3-1.2 provides, in part, that the Commission may reallocate titles from the competitive to the non-competitive division when competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job or when certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems and working conditions.

AnalysisBased on all of the foregoing, ample reasons exist for the reallocation of the subject titles to the non-competitive division of the career service. These titles are highly specialized and have unique requirements, which make competitive testing impracticable. Additionally, certification procedures for the Aviation Mechanic title have resulted in non-competitive situations where all candidates receive the same base test score. As such, these certifications did not meet the needs of the appointing authority to differentiate candidates for merit and fitness purposes. Moreover, no objection has been received which persuades the Commission to determine otherwise. Accordingly, the Commission finds that competitive testing and certification procedures are no longer practical or meet stated needs and concludes that the subject titles are to be reallocated. Therefore, any existing eligible lists for these titles and any current announcements for which examinations have not been administered will be cancelled upon completion of the reallocation process. Agencies wishing to do so may recruit and appoint from any cancelled lists. However, resulting appointments will be recorded as regular appointments in the non-competitive division (RAN). Appointment types for existing employees in these titles as of the effective date will be handled in accordance with N.J.A.C. 4A:3-1.2(f), which provides in relevant part that:

1. Permanent employees in that title as of the effective date shall have their appointment types changed to RAN and shall retain their permanent status in the non-competitive division.

2. Probationary employees in that title as of the effective date shall continue serving their working test periods and, upon successful completion, attain permanent status in the non-competitive division.

3. Provisional employees who remain in that title as of the effective date shall receive regular appointments (RAN) and begin serving their working test period on the effective date.

Moreover, where it is found that an employee’s movement from a non-competitive title to a competitive title could have been effectuated via promotional examination procedures before any title reallocation impacting the employee’s title, Agency Services will announce a promotional examination, regardless of whether or not the movement after the reallocation constitutes a promotional movement. Similarly, where an employee was previously classified in a competitive title, but, as a result of the title reallocation, is moved into a non-competitive title, Agency Services will process any future promotional movements based on the employee’s competitive title before the title reallocation without regard to whether or not the employee’s present non-competitive title is approved to promote to a competitive title.

Lastly, under current Civil Service rules, reallocation of the named titles will result in the granting of permanent status and all attendant Civil Service rights and privileges currently accorded employees in the non-competitive division of the career service. Seniority for any affected permanent employee would be continuous and include all permanent service in the reallocated title. As of the effective date of reallocation, all employees serving provisionally in these affected titles are to be recorded as permanent, pending completion of the required working test period.

ORDER

Based on all of the above, it is ordered that the Aviation Mechanic and the Master Aviation Mechanic titles be reallocated to the non-competitive division of the career service. It is further ordered that such action be effective August 26, 2023.

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