N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 118: Transfer of employees

§ 118. Transfer of employees. 1. Upon the transfer of functions,

powers, duties and obligations to the commission pursuant to this

article, provision shall be made for the transfer of all employees from

the former division of the lottery and former racing and wagering board

into the commission. Employees so transferred shall be transferred

without further examination or qualification to the same or similar

titles, shall remain in the same collective bargaining units and shall

retain their respective civil service classifications, status and rights

pursuant to their collective bargaining units and collective bargaining

agreements.

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 management or confidential persons as defined in article fourteen

of the civil service law serving 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 representative of such units and of the

department of law.