2023 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 their dismissal from
public employment, except that a person who is not completely physically
incapacitated and who is suspended or demoted pursuant to section eighty
of  the  civil  service law because their 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  their
incapacity,   unless  upon  medical  examination  their  incapacity  has
worsened to a degree that they  would  not  be  able  to  satisfactorily
perform  in  such  position. No person shall be disqualified pursuant to

this subdivision unless they are 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  they have been
suspended  or  demoted,  or  has  exercised  their  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  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.