N.Y. Public Authorities Law § 3629: Transfer of officers and employees; recognition and continuation of existing bargaining agents and units; layoffs; services

§ 3629. Transfer of officers and employees; recognition and

continuation of existing bargaining agents and units; layoffs; services.

1. On the effective date of the transfer of the facilities and

operations of the Erie County Medical Center healthcare network pursuant

to an agreement between the county and the corporation, as authorized in

this title, officers and employees employed in the network 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.

2. The employees of the corporation shall, for all purposes of article

fourteen of the civil service law, be deemed to be employees of the

county of Erie and shall be employed within the current county of Erie

bargaining unit designation. The county office of labor relations shall,

for all purposes of article fourteen of the civil service law, act as

agent for the corporation and shall, with respect to the corporation,

have all the powers and duties provided under article twenty-four of the

executive law. Those persons who become employees of the corporation

pursuant to subdivision one of this section or who enter into the

service of the corporation following the effective date of the transfer

shall retain their current bargaining unit designations. The corporation

and the county shall recognize the existing certified or recognized

employee organizations for county employees as the exclusive collective

bargaining representatives for such employees.

Titles within collective bargaining units in existence prior to the

transfer of operations to the corporation shall remain in those units

and shall not be altered by the public employment relations board

without the consent of the corporation, the county, and the recognized

or certified representatives of the negotiating units involved. New

titles created after the date of the transfer of operations to the

corporation shall be placed in the appropriate unit of county employees

consistent with the provisions of article fourteen of the civil service

law.

3. The corporation shall be bound by all collective bargaining

agreements between the county of Erie and such collective bargaining

representatives in effect as of the date of transfer of operations to

the corporation and any successor agreements between such parties.

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

purposes of such law, the following titles, including the proposed

comparable corporate titles where applicable, shall, upon the effective

date of the transfer described in subdivision one of this section,

continue to be classified or designated exempt or

managerial/confidential unless, pursuant to the provisions of the civil

service law, a lesser or greater number of titles or positions is

properly classified or designated exempt or managerial/confidential:

Assistant Director Labs, Assistant Director MMS, Assistant Director

Neuropathology, Assistant Director Nursing Medicine, Assistant Director

Nursing Med. Surgery, Assistant Director Nursing Services, Assistant

Director Sp. Cl. Services, Assistant Hospital Administrator, Associate

Administrator HLT, Associate Director Medicine, Associate Director of

Finance, Associate Director of Pathology, Associate Director Output

Services, Chief Executive Officer, Chief Operating Officer, Chief

Financial Officer, Chief Orthopedic Surgery, Clinical Director,

Coordinator Int. Services, Director Burn Treatment, Director Corporate

Compliance, Director Nursing Services, Director of Information Services,

Director of Labs, Director of Mental Health Special Services, Director

of Nursing Services, Director Pharmacy, Director Social Work Services,

Director Surgical Services, Nurses Facilities Administrator, Secretary

Board of Managers, and Secretary to Chief Executive Officer. Employees

in existing or new titles that are properly classified or designated as

exempt or managerial/confidential shall be considered employees of the

corporation.

5. Nothing contained in this title shall be construed to affect:

(a) the rights of employees pursuant to a collective bargaining

agreement;

(b) the bargaining relationship between the executive branch of the

county of Erie and an employee organization; or

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

employment relations board seeking the designation of persons as

managerial or confidential.

6. There shall be no layoffs of any officers or employees of the Erie

County Medical Center 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 this subdivision shall be deemed not to be such a direct

consequence.

7. 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.