N.Y. Public Authorities Law § 3403: Transfer of officers and employees; civil service

§ 3403. Transfer of officers and employees; civil service. 1. (a) On

the effective date of the transfer of the facilities and operations of

the county to the corporation pursuant to an agreement between the

county and the corporation as authorized in this title, officers and

employees employed in a department or agency of the county shall become

officers and employees of the corporation with equivalent offices,

positions and employment therewith and shall be deemed public officers

or public employees for all purposes.

(b) In accordance with the provisions of section seventy of the civil

service law, for a period not to extend beyond six months from the

effective date of the transfer of any facilities and operations of the

county pursuant to an agreement between the county and the corporation

as authorized in this title, any other officer or employee of the county

may, at the request of the corporation and with the consent of the

county executive and the officer or employee, be transferred to the

corporation and shall be eligible for such transfer and appointment,

without further examination, to applicable offices, positions and

employment under the corporation.

(c) Any person who, at the time he or she becomes an officer or

employee of the Nassau Health Care Corporation pursuant to paragraph (a)

or (b) of this subdivision, 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.

(d) There shall be no layoffs of any officers or employees of the

Nassau Health Care Corporation which are a direct consequence of the

enactment of this title. There shall be a presumption that any layoffs

occurring more than twenty-four months after the effective transfer date

described in subdivision one of this section shall be deemed not to be

such a direct consequence.

(e) Nothing contained in this section shall be construed to prevent

the elimination of any service at any time as a result of the

elimination of state or federal assistance, the elimination of available

revenue reimbursement, loss of certification or licensure, or loss of

financial viability.

2. The corporation shall recognize the existing certified or

recognized employee organizations for those persons who become employees

of the Nassau Health Care Corporation pursuant to paragraph (a) or (b)

of subdivision one of this section as the exclusive collective

bargaining representatives for such employees, who shall remain in the

existing bargaining unit. The corporation shall be bound by all existing

collective bargaining agreements with such employee organizations; all

existing terms and conditions of employment shall remain in effect until

altered by the terms of a successor contract; successor employees to the

positions held by such 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 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 county, state and an employee

organization; or

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

employment relations board seeking designation by the board that certain

persons are managerial or confidential. Nothing herein shall preclude

the merger of negotiating units of employees with the consent of the

recognized or certified representatives of such units.

3. The salary or compensation of any such officer or employee, after

such transfer, shall be paid by the corporation. The corporation shall,

upon transfer, acknowledge and give credit for all leave balances held

by such officers and employees on the date of transfer.

4. The corporation shall be subject to the civil service law.