N.Y. New York City health and hospitals corporation act 1016/69 § 9: Personnel administration; collective bargaining; pension and retirement benefits; article fourteen civil service law; paragraph two hundr...

§ 9. Personnel administration; collective bargaining; pension and

retirement benefits; article fourteen civil service law; paragraph two

hundred twenty labor law; personnel review board. 1. The corporation

shall, upon ten days written notice appropriately posted in the health

facilities, promulgate rules and regulations consistent with civil

service law with respect to policies, practices, procedures relating to

position classifications, title structure, class specifications,

examinations, appointments, promotions, voluntary demotions, transfers,

re-instatements, procedures relating to abolition or reduction in

positions, for personnel employed by the corporation pursuant to section

five, subdivision twelve of this act, subject to the following

exception. The New York city health and hospitals corporation shall

employ peace officers appointed pursuant to this subdivision to perform

the patrol, investigation, and maintenance of the peace duties of

special officer, senior special officer and hospital security officer;

provided however that nothing in this subdivision shall prohibit

managerial, supervisory, or state licensed or certified professional

employees of the corporation from performing these duties where they are

incidental to their usual duties, or shall prohibit police officers

employed by the city of New York from performing these duties.

Until the corporation adopts by-laws, rules and regulations relating

to personnel administration the corporation shall administer its

personnel pursuant to the civil service law, the rules and regulations,

time and leave rules classification and compensation schedules, class

specifications and personnel orders of the New York city department of

personnel and civil service commission, and all other applicable

provisions of local or general laws relating to civil service personnel.

2. (a) Every employee who was an employee of the administration, or

any constituent agency or department thereof, shall be automatically

appointed and transferred to the corporation in the same or equivalent

classification and position he held at the time of such transfer and for

such purposes the corporation shall be deemed the successor to the city

as a public employer of such employee. All officers or employees

transferred to the corporation who had civil service status at the time

of such transfer shall retain such status for the purpose of transfer,

reassignment or promotion to any position in a city department or

agency.

(b) (i) It is hereby found that the continued, uninterrupted, adequate

and efficient administration of health and medical services is necessary

for the general welfare of the people of the city of New York. It is

further found that with respect to certain services provided for the

corporation by the voluntary hospitals and medical schools in the

municipal hospitals of the city of New York, such administration

properly requires that employees performing those services be employed

by the corporation. For the continued performance of those services

assumed by the corporation, the continued employment of personnel

possessing ability, skill, experience and knowledge is essential. A

requirement of competitive examination for the appointment of any such

employee to the corporation would seriously interrupt the continuous

provision of health and medical services and is thus impractical. It is

thereby declared to be in the public interest that because of their

knowledge, training, experience and efficiency, those employees of the

voluntary hospitals and medical schools be continued in the employment

of the corporation without competitive examination, and shall be

afforded permanent competitive status.

(ii) Notwithstanding any provision to the contrary contained in any

general, special or local law, those employees of the voluntary

hospitals and medical schools in the city of New York performing

services which are assumed by the corporation shall be transferred to

and continued in employment by the corporation in similar or

corresponding positions, which shall have been classified by the

corporation in accordance with the provisions of subdivision one of this

section. Such employees shall continue to hold their positions without

further examination and shall have all the rights and privileges of the

jurisdictional class to which such positions may be allocated; provided,

however, that after such transfer of functions and activities to the

corporation all new positions thereafter created and vacancies occurring

in positions already established shall be filled in accordance with the

provisions of subdivision one of this section.

3. The corporation shall recognize the certified employee

organizations and bargaining units of such employees, and the

corporation shall assume and be bound by all existing collective

bargaining agreements with such employee organizations. All existing

terms and conditions of employment of the corporation shall remain in

effect until modified or changed in accordance with the procedures

provided herein.

4. Any officer or employee of the corporation who heretofore acquired

or shall hereafter acquire such position status by transfer and who at

the time of such transfer was a member of the New York city employees'

retirement system shall, with respect to such retirement system,

continue to have the rights, privileges, obligations and status which

would have applied to him if he had continued to hold the office or

position which entitled him to such membership prior to such transfer.

Employment by the corporation shall constitute city-service for the

purposes of title B of chapter three of the administrative code of the

city.

5. The corporation, its officers and employees, shall be subject to

article fourteen of the civil service law and for all such purposes the

corporation shall be deemed "public employees", provided, however, that

chapter fifty-four of the New York City Charter and Administrative Code

and Executive Order No. 52 dated September 29, 1967, promulgated by the

mayor of the city of New York, shall apply in all respects to the

corporation, its officers and employees except that paragraph seven and

paragraph eight of said executive order shall not be applicable to the

corporation, its officers and employees. Except as otherwise provided in

collective bargaining agreements the corporation shall establish general

and special grievances procedures which shall provide for final and

binding arbitration of grievances as defined in chapter fifty-four of

the administrative code of the city of New York. All general and special

grievance procedures shall be reviewed by the personnel review board

established under the terms of this act.

6. Any employee of the corporation shall be authorized to institute a

proceeding against the corporation in accordance with the provisions of

article seventy-eight of the civil practice law and rules, and for the

purposes hereof the corporation shall be deemed an administrative body

or agency within the meaning of the said article seventy-eight.

7. Nothing herein contained shall supersede, impair or diminish the

rights of any officer or employee of the corporation under or pursuant

to section two hundred twenty of the labor law, and for the purposes

hereof the fiscal officer of the corporation shall be the comptroller of

the city of New York.

8. (a) For a period of five years after the creation of the

corporation, the corporation shall, in its by-laws, provide for the

creation of a personnel review board, consisting of three members who

shall be appointed for annual terms as follows: one member designated by

the corporation; one member designated by the municipal labor committee

established pursuant to section 1173-9.0 of the New York city

administrative code, and one member, who shall be the chairman,

designated by the other two members of the personnel review board. After

the aforesaid period of five years, all vacancies in the personnel

review board shall be filled by appointment by the mayor. The chairman

of the personnel review board shall receive a per diem fee of not less

than one hundred fifty dollars and the other two members shall each

receive a per diem fee of not less than one hundred twenty-five dollars,

when actually rendering services, in addition to actual and necessary

expenses incurred in the performance of their duties.

(b) Except for matters which are subject to collective bargaining

agreement, the personnel review board shall have the right to review, at

the instance of any aggrieved employee of the corporation or any

certified employee organization respresenting such employee, any by-law,

rule or regulation promulgated pursuant to subdivision one of this

section nine or any action of the corporation related thereto and upon

such review to direct the corporation to take or refrain from such

action as the personnel review board shall deem proper except, however,

nothing contained in this section nine shall abridge the right of the

corporation to exercise any managerial prerogatives which were reserved

by the city in section five-c of the aforesaid mayor executive order

number fifty-two.

The personnel review board shall, when requested by the board of

directors, conduct any special reviews, studies, investigations or

analyses of the administration of personnel in the corporation.