2023 New York Laws › PBA - Public Authorities › Article 10-C - New York Health Care Corporations › Title 6 - Erie County Medical Center Corporation › 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.