N.Y. Public Authorities Law § 1699-i: Transfer of employees

§ 1699-i. Transfer of employees. A transfer of employees effected as a

consequence of the transfer of functions pursuant to any provision of

this title shall be governed by this section:

1. Such transfers shall be subject to section seventy of the civil

service law; or, where not subject to civil service, the provisions of

such section seventy shall be deemed applicable, except where the

context clearly requires otherwise. Any such employee who, at the time

of such transfer, has a temporary or provisional appointment shall be

transferred subject to the same right of removal, examination or

termination as though such transfer had not been made except to the

extent such rights are modified by a collective bargaining agreement.

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,

other than managerial or confidential persons (as defined in article

fourteen of the civil service law), serving in positions in newly

created titles shall be assigned to the appropriate bargaining unit.

Nothing contained herein shall be construed to affect: (a) the rights of

employees pursuant to a collective bargaining agreement; (b) the

representational relationships among employee organizations or the

bargaining relationships between the state and an employee organization;

or (c) existing law with respect to an application to the public

employment relations board, provided, however, that the merger of such

negotiating units of employees shall be effected only with the consent

of the recognized and certified representatives of such units and of the

authority.

3. Notwithstanding the provisions of any other law to the contrary,

all lawful appointees holding positions which hereinbefore were subject

to the civil service law and are transferred to the authority shall

continue to hold their positions without further examination or

qualifications.