NY Pub Auth L § 3556 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 4 - Roswell Park Cancer Institute Corporation Act 3556 - Merit System; Merit Board.

§ 3556.  Merit system; merit board.  1. Policy and applicable law. (a) Positions  in  the  employ  of Roswell Park Cancer Institute corporation shall be subject to section six of article five of the  Constitution  of the state of New York.  (b)    Except  as  provided  by  this  title and rules issued pursuant thereto, the corporation and its  employees  shall  be  subject  to  the provisions  of  the  civil service law as the same shall be amended from time-to-time and employees of the corporation shall be  deemed  to  have the rights of state employees for the purposes of such provisions of the civil service law.   2. Definitions.  When used in this section:  (a)   The  term  "classified  service"  means  all  positions  in  the corporation which are not in the unclassified service.  (b)   The term  "merit  board"  means  the  committee  established  by corporation's  board of directors established by this title, which shall act in the capacity and fulfill the role  of  the  "commission",  "civil service  commission"  and  "municipal  civil service commission" for the purposes  of  applying  the  civil  service  law  to  positions  in  the corporation.  (c)    The  term  "director  of  classification  and  compensation" or "director" means the director of classification and compensation of  the Roswell Park Cancer Institute corporation.  (d)   The term "jurisdictional classification" means the assignment of positions in the classified service to the competitive,  noncompetitive, exempt or labor classes.  (e)      The   terms   "position   classification",  "classification", "reclassification", and "classify" mean grouping together  under  common and  descriptive  titles positions that are substantially similar in the essential character and scope of their duties and  responsibilities  and required qualifications.   3.    Roswell  Park Cancer Institute merit board.  (a)  Three persons, other than directors,  officers,  employees  or  the  president  of  the corporation,  shall  be  selected  by  majority  vote  of  the board for three-year terms and shall constitute the Roswell Park Cancer  Institute merit  board.    The  terms  of  the members of the merit board shall be staggered so that the term of one member expires each year.  The members of the merit board shall annually elect one of the members chairperson.  (b)  The members of the merit  board  shall  receive  their  necessary travel  and  other expenses incurred in the performance of the duties of such office,  and  shall  receive  in  addition  such  compensation  for services  rendered as members of such merit board as shall be determined by the board of directors of the corporation by vote of  a  majority  of the directors.  (c)    The merit board shall prescribe and amend rules and regulations subject to the applicable provisions of article fourteen  of  the  civil service  law,  for effecting the provisions of this title and of section six of article five of the  Constitution  of  the  state  of  New  York, including   but   not  limited  to  (i)  rules  for  the  jurisdictional classification of offices and positions in the classified service of the corporation; (ii)  rules  for  examinations,  appointments,  promotions, transfers,  leaves  of  absence,  resignations and reinstatements; (iii) rules for sick leaves, vacations, time allowances and  other  conditions of  employment  in the classified service of the corporation; (iv) rules for the hearing and determination of appeals; and (v) rules  designating positions in the non-competitive class which are confidential or require the performance of functions influencing policy.  (d)    The  merit board shall hear and determine appeals instituted by any person believing himself or  herself  aggrieved  by  any  action  or  determination of the director of classification and compensation, acting as  such;  provided, however, that no appeal shall be allowed (i) if the action or determination involved relates solely to matters  of  internal management   of  the  office  of  the  director  of  classification  and compensation, or (ii)  if  the  action  or  determination  involved  was considered  and  approved  in  advance  by the merit board.   Any appeal authorized by this subdivision shall be instituted by  filing  with  the secretary  of  the  merit  board  a written notice of appeal stating the action or determination appealed from, the grounds for the  appeal,  and signed  by  the  person or persons appealing or their representative; no particular form of appeal shall be required. Any such  appeal  shall  be filed  within  thirty  days  following  the appellant's receipt from the director of classification and compensation of notice of the  action  or determination  to  be reviewed; the merit board for good cause shown may waive such thirty-day  limitation.    The  merit  board  may  make  such investigation  or  inquiry  into  the  facts  relative  to the action or determination appealed from as may be deemed advisable, shall afford  to the  appellant  and his or her representative an opportunity to be heard in person or in writing and to present evidence and argument.  The merit board may affirm, modify or reverse such action or determination.    The merit  board shall decide each appeal filed within thirty days following the date on which the submission of facts, information and  evidence  is deemed  complete  by the merit board.  The person seeking review and his or her representative shall be furnished a copy  of  the  merit  board's written  decision concurrently with its filing with the secretary of the merit board.   A decision of the merit  board  shall  become  final  and binding when filed with the secretary of the merit board.  Review of any such  final  decision  shall  be  by  a proceeding authorized by article seventy-eight of the civil practice law and rules; any  such  proceeding must  be  commenced  within  four  months  after the determination to be reviewed becomes final and binding.  (e)  Before adopting any rule the merit board shall publish notice  of the  proposed  rule  no  later  than  thirty  days prior to the proposed effective date of such rule and  shall  afford  an  opportunity  to  any interested person to comment on the proposed rule.  (i)   Publication   of   notice   of  proposed  rule-making  shall  be accomplished by posting a  copy  on  the  main  bulletin  board  of  the corporation,  by  serving  a copy of the notice by certified mail return receipt requested upon the designated  representative  of  any  employee union  recognized  to  represent  employees  of  the  corporation and by mailing the copy of the notice to the temporary president of the  senate and  the speaker of the assembly; publication shall be complete upon the posting and mailing.  Notice made pursuant to this subparagraph shall be deemed to be in compliance with the notice  requirements  prescribed  in section one hundred one-a of the executive law.  (ii)  A notice of proposed rule-making shall contain the complete text of the proposed rule, and the last date upon which the merit board  will receive  comment  upon the proposed rule; provided, however, that if the text of the proposed rule exceeds two thousand words  the  notice  shall contain only a description of the subject, purpose and substance of such rule,  and  shall  state  from  what  person  the  complete  text may be obtained.  (iii) The last date for submission of comments upon  a  proposed  rule shall  be  not less than twenty days following the publication of notice of proposed rule-making.  (iv) The merit board may  receive  comments  on  a  proposed  rule  in writing  or,  in  an  appropriate  case,  may conduct a hearing upon the proposed rule.  (v) Any rule adopted by the merit board shall take effect when  signed by  the  chairperson  of the merit board and filed with the secretary of the corporation.   Notice of adoption  of  a  rule  shall  be  published concurrently  with  its  adoption  in  the  same manner as the notice of proposed rule-making.  (vi)  In  the  exercise  of  its rule-making authority the merit board shall not be subject to  the  provisions  of  the  state  administrative procedure act.  (f)    The  secretary of the corporation shall be the secretary to the merit board and shall serve ex officio  without  vote.    The  secretary shall  maintain  minutes  of  the  meetings of the merit board and shall maintain complete copies of the rules adopted by the merit board.   Such minutes  and rules shall be open to public inspection and copying during all ordinary business hours of the corporation in  accordance  with  the applicable provisions of article six of the public officers law.  (g)  The merit board shall, subject to the provisions of article seven of  the  public  officers  law,  meet  annually  at  the  offices of the corporation, and shall hold such other meetings at  such  places  within the  state  as  may be required.  A majority of the members of the merit board shall constitute a quorum.   4.  Director of classification and compensation.  (a)  The director of classification and compensation of  the  corporation  shall  be  in  the competitive  class  of the classified service appointed by the president of the corporation.   The director of  classification  and  compensation shall not be a part of the office of human resources of the corporation.  (b)   The director of classification and compensation shall be charged with the duty and shall have the power, subject to appeal to  the  merit board:  (i)    to  classify  and  reclassify  all  positions in the classified service of the corporation; and  (ii)  to allocate and reallocate to an appropriate  salary  grade  all positions  in  the  competitive, noncompetitive and labor classes of the classified service of the corporation including temporary  and  seasonal positions;  provided that notwithstanding any inconsistent provisions of section one hundred thirty of the civil service law,  employees  of  the corporation  in  the classified service of the corporation shall also be deemed to be in the classified civil service of the state  of  New  York for purposes of section one hundred thirty of the civil service law.  (c)    The  principle  of fair and equal pay for similar work shall be followed in the classification and reclassification and  the  allocation and reallocation of positions pursuant to this section and all positions having the same title shall be allocated to the same salary grade.  (d)    The director of classification and compensation shall also have the following powers and duties:  (i)  To ascertain and record the duties and  responsibilities  of  all positions  in  the  classified  service  of  the  corporation, establish adequate specifications showing the qualifications for  and  the  nature and  extent  and  scope  of  the  duties  and  responsibilities  of such positions,  and  assign  uniform  titles  to  positions  that   are   so substantially  similar  in  the  essential  character and scope of their duties  and  responsibilities  and  in  the  qualification  requirements thereof  that  the same descriptive title may be used to designate them; that the same qualifications for appointment thereto may  be  reasonably required;  that  the  same tests of fitness may be established, and that the same rate of compensation may be reasonably applied;  (ii)   To investigate all matters  affecting  the  classification  and compensation  of  positions,  to  hear  and determine all complaints and grievances with  respect  to  the  classification  and  compensation  of  positions, and from time to time to review the duties, responsibilities, qualification  requirements  and  compensation  of positions and to make such revisions in the classification or  compensation  of  positions  as changes in the service of the corporation may require;  (iii)    To  afford  to  any person aggrieved by the classification or allocation of a position a reasonable opportunity to  present  facts  in support  of  or  in  relation to such classification or allocation, at a time and in such manner as may be specified  by  the  director,  and  to render and furnish to the person aggrieved a written decision thereon.  (e)    Any  classification  or  reclassification of a position and any allocation or reallocation of a position to a salary grade made  by  the director  pursuant  to  this  section shall become effective on the date approved by the president of the corporation.   5.  Authority to use services of New York state  department  of  civil service.    The  merit board or the director may request of the New York state department of civil service technical advice and assistance in the administration of  the  provisions  of  this  title  for  consideration, including  but  not  limited  to  the  preparation and administration of examinations, and in the absence of an eligible list of the corporation, may request the New York state department of civil service to furnish it with the names of persons on an appropriate eligible list.    The  merit board or the director shall provide such department with any information necessary to effectuate the provisions of this section.   6.    Classes  of position established.  The classified service of the corporation shall comprise all offices and positions not included in the unclassified service.   The offices  and  positions  in  the  classified service of the corporation shall be divided into four classes designated as  the  exempt class, the non-competitive class, the competitive class, and the labor class.  (a)  The exempt class shall consist  of  such  positions  and  offices which  the  merit  board  shall determine to be impracticable to fill by competitive or non-competitive examination.  (b)  The non-competitive class shall include all  positions  that  are not  in the exempt class or labor class and for which it is found by the merit board to be not practicable to ascertain the merit and fitness  of applicants by competitive examination.  (c)    The  labor  class  shall comprise all unskilled laborers in the service of the corporation.  (d)  The competitive class shall include all positions for which it is found by the merit board to be practicable to determine  the  merit  and fitness  of applicants by competitive examination, and shall include all positions in the classified  service  of  the  corporation  except  such positions  as  are in the exempt class, the non-competitive class or the labor class.   7. Examinations.  (a)  The  merit  and  fitness  of  applicants  for positions  which  are  classified  in  the  competitive  class  shall be ascertained by such examinations as  may  be  prescribed  by  the  merit board.   The merit board shall issue an announcement of each competitive examination  or  promotional  examination,  setting  forth  the  minimum qualifications required, the subjects of the examination, and such other information  as  they  may  deem  necessary,  and  shall  advertise such examination in such manner as the nature of the examination may require.  (b)    The  merit  board,  acting  by  the  director,  shall   require prospective  applicants  to  file  during  a  prescribed  time  a formal application in which the applicant shall state such information  as  may reasonably  be  required,  touching    upon  the applicant's background, experience and qualifications for the position sought  and  his  or  her merit  and  fitness for service.  The application shall be subscribed by  the applicant and shall contain an affirmation by the applicant that the statements therein are true under the penalties of perjury.  Application forms shall be furnished without charge to all persons requesting them.   8.  Abolition of positions; demotion.  (a)  Where, because of economy, consolidation  or  abolition  of functions, curtailment of activities or otherwise,  positions  in  the  competitive  class  of  service  of  the corporation are abolished or reduced in rank or salary grade, suspension or  demotion  as  the  case  may be among incumbents holding the same or similar positions within the same jurisdictional classification shall be made in the inverse order of original appointment on a  permanent  basis in  the  grade  or  title; provided, however, that upon the abolition or reduction of positions in  the  competitive  class  of  service  of  the corporation  incumbents holding the same or similar positions within the same  jurisdictional  classification  who  have  not   completed   their probationary  service  shall  be suspended or demoted as the case may be before any permanent incumbents, and among such  probationary  employees the  order  of  suspension  or  demotion  shall be determined as if such employees were permanent incumbents.  (b)    Where,  because  of  economy,  consolidation  or  abolition  of functions,  curtailment  of  activities  or  otherwise, positions in the non-competitive class of service of the  corporation  are  abolished  or reduced in rank or salary grade,  suspension or demotion as the case may be  among  incumbents  holding  the same or similar positions within the same jurisdictional classification shall be made in the inverse order of original appointment on  a  permanent  basis  in  the  grade  or  title; provided,  however, that upon the abolition or reduction of positions in the non-competitive class of service  of    the  corporation  incumbents holding  the  same  or  similar positions within the same jurisdictional classification who have not completed their probationary  service  shall be  suspended  or  demoted  as  the  case  may  be  before any permanent incumbents,  and  among  such  probationary  employees  the   order   of suspension  or  demotion  shall  be determined as if such employees were permanent incumbents.  (c)  Upon the abolition or reduction of positions in  the  service  of the  corporation,  suspension  or  demotion  shall  be  made  from among employees  holding  the  same  or  similar  positions  within  the  same jurisdictional classification in the entirety of the corporation.  (d)   In any case where an employee of the corporation is suspended or demoted because of economy, consolidation  or  abolition  of  functions, curtailment  of  activities or otherwise, the director of classification and compensation shall, upon such suspension or demotion, furnish to the merit board a statement showing the employee's name, title or  position, date  of  appointment  and  the  date  of  and  reason for suspension or demotion.  The merit board shall place the name of such employee upon  a preferred  list  together  with  others  who  may have been suspended or demoted from the same or similar positions in  the  same  jurisdictional class in the service of the corporation, and shall certify such list for filling  vacancies  in the same jurisdictional class, first, in the same or similar position, second, in any position in a lower grade in line of promotion, and third, in any comparable position.  (e) For purposes of the  civil  service  law,  the  date  of  original appointment  of  employees  of  the  corporation  shall  be  the date of original appointment on a permanent basis in the classified  service  of the corporation; except that for those employees who transfer from state service    to  the  service  of  the  corporation  pursuant  to  section thirty-five hundred fifty-seven of this  title,  the  date  of  original appointment  shall  be  the  date of original appointment on a permanent basis in the civil service of the state of New York.    9. Notwithstanding any inconsistent provision of section eighty-one of the civil service law, employees  of  the  state  who  transfer  to  the corporation  pursuant  to subdivision one of section thirty-five hundred fifty-seven of this title shall be  considered  to  be  state  employees under  the  jurisdiction  of  the  state  civil  service  commission for purposes of placement on and employment from preferred lists established by the state civil service commission.   10.  Notwithstanding   any   inconsistent   provisions   of   sections eighty-one-a and eighty-one-b of the civil service law, employees of the state  who  transfer  to  the corporation pursuant to subdivision one of section  thirty-five  hundred  fifty-seven  of  this  title   shall   be considered  to  be  state  employees  for purposes of placement upon and employment from reemployment rosters pursuant to section eighty-one-a of the civil service law and for purposes of placement upon and  employment from  placement  rosters  pursuant  to section eighty-one-b of the civil service law.   11. Reemployment rosters within the corporation. (a) Where an employee is to be suspended or demoted in accordance with  subdivision  eight  of this  section,  the  president  of  the  corporation  shall,  upon  such employee's suspension or demotion place the name of such employee upon a reemployment roster for filling vacancies in any comparable position  as determined  by  the  director of classification and compensation, except that  employees   suspended   or   demoted   from   positions   in   the non-competitive and labor classes may not be certified to fill vacancies in  the  competitive  class. Such reemployment roster shall be certified for filling a vacancy in any such position before certification is  made from  any other list, including a promotion eligible list, but not prior to a preferred list. Eligibility for reinstatement  of  a  person  whose name  appears  on  any such reemployment roster shall not continue for a period longer than four years from the date of  suspension  or  demotion provided,  however, in no event shall eligibility for reinstatement from a reemployment roster continue once the person is no longer eligible for reinstatement from a preferred list.  (b) The names of persons on a reemployment roster shall  be  certified therefrom with equal ranking for reinstatement.  (c)  All  reinstatements  from  a  reemployment  roster  shall require completion of a probationary term in accordance with  rules  promulgated by the merit board pursuant to subdivision two of section sixty-three of the civil service law.  (d) The merit board shall adopt rules providing for the relinquishment of  eligibility  for reinstatement upon reinstatement or upon failure or refusal to accept reinstatement from a preferred list or a  reemployment roster.  (e) Notwithstanding any other provision of this title, the corporation may  disqualify for reinstatement and remove from a  reemployment roster the name of any otherwise eligible person who, by reason of physical  or mental  incapacity,  is found to be unable to satisfactorily perform the duties of the position for which such roster has  been  established,  or who has engaged in such misconduct as would warrant his or her dismissal from  public  employment,  except  that  a  person who is not completely physically incapacitated and who is suspended  or  demoted  pursuant  to section  eighty  or eighty-a of the civil service law because his or her position has been  abolished  or  reduced,  but  who  is  certified  for reinstatement  to  any position having the same physical requirements as the position from which such person was suspended or demoted, shall  not be  disqualified  because  of his or her incapacity, unless upon medical examination his or her incapacity has worsened to a degree  that  he  or she  would  not  be  able to satisfactorily perform in such position. No  person shall be disqualified pursuant to this subdivision unless  he  or she  is  first  given a written statement of the reasons therefor and an opportunity to be heard at a hearing at which satisfactory proof of such reasons  must  be established by appropriate evidence, and at which such person  may  present   independent   evidence   and   be   entitled   to representation  by  counsel. The corporation shall designate a person to hold such hearing and report thereon.  (f) Notwithstanding any other provision of this title, any person  may voluntarily  remove  his  or  her  name  from  a  reemployment roster by application to the corporation.   12.  Placement rosters within the corporation. (a) Where  an  employee is  to  be  suspended or demoted in accordance with subdivision eight of this  section,  the  president  of  the  corporation  shall,  upon  such employee's suspension or demotion place the name of such employee upon a reemployment  roster for filling vacancies in any comparable position as determined by the director of  classification  and  compensation  except that employees suspended or demoted from position in the non-competitive and  labor  classes  may  not  be  certified  to  fill  vacancies in the competitive class.  Such placement roster shall be certified for filling a vacancy in any such position before certification  is  made  from  any other  list,  including  a  promotion  eligible list, but not prior to a preferred list or a reemployment roster. Eligibility for appointment  of an  employee  whose  name  appears  on  any  such placement roster shall terminate at such time as  the  employee  is  suspended  or  demoted  in accordance  with  the  provisions  of subdivision eight of this section. Upon such employee's suspension or demotion, the corporation shall place the name of such employee upon a  preferred  list,  and  a  reemployment roster  as appropriate, in accordance with the provisions of subdivision eight of this section.  (b) The names of employees on a placement roster  shall  be  certified therefrom with equal ranking for appointment.  (c)  All appointments from a placement roster shall require completion of a probationary term in accordance with rules promulgated by the civil service commission pursuant to subdivision two of section sixty-three of the civil service law.  (d) The merit board shall adopt rules providing for the relinquishment of eligibility for appointment  upon  appointment  or  upon  failure  or refusal to accept appointment from a placement roster.  (e)  Notwithstanding  any  other provision of this title, any employee may voluntarily remove his or  her  name  from  a  placement  roster  by application to the corporation.   13.  Establishment  of  redeployment lists in the corporation; general provisions. (a) Notwithstanding any inconsistent  provision  of  section seventy-nine  of the civil service law, where, and to the extent that an agreement between the state and an employee  organization  entered  into pursuant  to  article  fourteen  of  the  civil service law so provides, employees of the corporation shall be  considered  to  be  employees  in state  service  for  purposes  of  primary  and  secondary  redeployment pursuant to section seventy-nine  of  the  civil  service  law  and  the applicable collective bargaining agreement.  (b)  Where,  an  employee  in  the  corporation  is to be suspended or demoted in accordance with the provisions of subdivision eight  of  this section by reason of the corporation's exercise of its right to contract out  for  goods  and  services,  and receipt of the information required pursuant  to  subdivision  eleven  of  this  section  for  purposes   of establishing  reemployment  rosters,  at  least ninety days prior to the suspension or demotion of an affected employee,  the  corporation  shall place   the  name  of  the  employee  upon  a  redeployment  list.  Such  redeployment list shall be certified for filling positions in  the  same title  or  in  any  comparable  title,  as determined by the director of classification and compensation, before certification is made  from  any other  eligible list, placement roster, reemployment roster or preferred list.  (c) The names of persons on a redeployment  list  shall  be  certified therefrom  for  appointment in the order of their original appointments, in accordance with the provisions of paragraph (e) of subdivision  eight of this section.  (d) A person appointed from a redeployment list shall receive at least the  same salary such person was receiving in the position from which he or she is to be or has been suspended or demoted.  (e) Probationers who are appointed  from  a  redeployment  list  to  a position   in  the  same  title  will  be  required  to  complete  their probationary term. Employees who are appointed from a redeployment  list to  a  position  in  a  comparable title shall be required to complete a probationary term in accordance with the rules promulgated by the  merit board  pursuant  to  subdivision two of section sixty-three of the civil service law.  (f) Eligibility for appointment of an employee whose name appears on a redeployment list shall terminate  at  such  time  as  the  employee  is redeployed  pursuant  to the provisions of this section to a position in the same salary grade as the position from which  he  or  she  has  been suspended  or  demoted,  or has exercised his or her reemployment rights pursuant to the provisions of section eighty-one or eighty-one-a of  the civil  service  law, provided, however, that eligibility for appointment shall terminate no later than six months  following  the  suspension  or demotion  of  such employee in accordance with the provisions of section eighty or eighty-a of the civil  service  law.    Upon  such  employee's suspension  or  demotion,  the  corporation shall place the name of such employee  upon  a  preferred  list,  and  a  reemployment   roster,   as appropriate,  in  accordance with the provisions of subdivision eight of this section.  (g) Notwithstanding any other provision of this chapter, any  employee may  voluntarily  remove  his  or  her  name from a redeployment list by application to the corporation.  (h) (1) In the event the corporation determines,  in  accordance  with the  provisions  of paragraph (b) of this subdivision, that there are no positions in the same title or any comparable title to which an employee to be suspended or demoted by reason of  the  state's  exercise  of  its right  to  contract  out  for  goods and services can be redeployed, the corporation  may  place  the  name  of  such  employee  on   a   special reemployment  roster,  for  filling  positions  in  titles for which the employee meets the essential  tests  and  qualifications.  Such  special reemployment  roster  may  be  certified immediately upon the employee's placement on the roster for filling a position before  certification  is made  from any other eligible list, including a promotion eligible list, but not prior to a redeployment list or preferred list.  (2) Eligibility for appointment of an employee whose name appears on a special reemployment roster shall not continue for a period longer  than four  years  from the date of suspension or demotion, provided, however, that eligibility for appointment of an employee whose  name  appears  on any such special reemployment roster shall terminate at such time as the employee  is  redeployed pursuant to the provisions of this section and, in  no  event,  shall  eligibility  for  appointment  from   a   special reemployment roster continue once the employee is no longer eligible for reinstatement from a preferred list.  (3)  Employees  placed  on a special reemployment roster in accordance with the provisions of this section,  shall  have  all  the  rights  and privileges   provided   employees  placed  on  reemployment  rosters  in accordance with subdivision eleven of this section.  (i)  The  merit  board  shall adopt rules for carrying into effect the provisions  of  this  section,  including  rules   providing   for   the relinquishment  of  eligibility for appointment upon appointment or upon failure or refusal to  accept  appointment  from  a  redeployment  list. Additionally,  notwithstanding  any inconsistent provision of law, rule, or regulation, an agreement between  the  corporation  and  an  employee organization recognized or certified pursuant to article fourteen of the civil  service  law  can provide employment security rights and benefits where the state has exercised its right to contract out  for  goods  and services.  The  merit  board  upon  receipt  of a written request of the director of the corporation is authorized  to  implement  provisions  of such  agreement  consistent  with  the  terms thereof and, to the extent necessary, may adopt rules and regulations providing for the benefits to be thereunder provided. The  merit  board,  with  the  approval  of  the president  of  the  corporation, may extend such benefits in whole or in part, to corporation  employees  excluded  from  collective  negotiating units.