2023 New York Laws › PBA - Public Authorities › Article 10-C - New York Health Care Corporations › Title 2 - Nassau Health Care Corporation › 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.