N.Y. Public Authorities Law § 1147-h: Transfer of officers and employees

§ 1147-h. Transfer of officers and employees. 1. In accordance with

the provisions of section seventy of the civil service law, any officer

or employee of the municipality served by the authority, may, at the

request of the authority and with the consent of the chief executive

officer of such municipality be transferred to the authority and shall

be eligible for such transfer and appointment, without further

examination, to applicable offices, positions and employment under the

authority. Any such officers or employees so transferred to the

authority pursuant to this section, who are members of or benefit under

any existing pension or retirement fund or system, shall continue to

have all rights, privileges, obligations and status with respect to such

fund or system as are now prescribed by law, but during the period of

their employment by the authority, all contributions to such funds or

systems to be paid by the employer on account of such officers or

employees shall be paid by the authority.

2. A transferred employee shall remain in the same collective

bargaining unit as was the case prior to his or her transfer; successor

employees to the positions held by such transferred employees shall,

consistent with the provisions of article fourteen of the civil service

law, be included in the same unit as their predecessors. Employees

serving in positions in newly created titles shall be assigned to the

same collective bargaining unit as they would have been assigned to such

unit were such titles created prior to the establishment of the

authority. Nothing contained in this title shall be construed (a) to

diminish the rights of employees pursuant to a collective bargaining

agreement or (b) to affect existing law with respect to an application

to the public employment relations board seeking a designation by the

board that certain persons are managerial or confidential.