§ 9 — Personnel administration; collective bargaining; pension and retirement benefits; article fourteen civil service law; paragraph two hundr...

§ 9. Personnel administration; collective bargaining; pension and\nretirement benefits; article fourteen civil service law; paragraph two\nhundred twenty labor law; personnel review board. 1. The corporation\nshall, upon ten days written notice appropriately posted in the health\nfacilities, promulgate rules and regulations consistent with civil\nservice law with respect to policies, practices, procedures relating to\nposition classifications, title structure, class specifications,\nexaminations, appointments, promotions, voluntary demotions, transfers,\nre-instatements, procedures relating to abolition or reduction in\npositions, for personnel employed by the corporation pursuant to section\nfive, subdivision twelve of this act, subject to the following\nexception. The New York city health and hospitals corporation shall\nemploy peace officers appointed pursuant to this subdivision to perform\nthe patrol, investigation, and maintenance of the peace duties of\nspecial officer, senior special officer and hospital security officer;\nprovided however that nothing in this subdivision shall prohibit\nmanagerial, supervisory, or state licensed or certified professional\nemployees of the corporation from performing these duties where they are\nincidental to their usual duties, or shall prohibit police officers\nemployed by the city of New York from performing these duties.\n Until the corporation adopts by-laws, rules and regulations relating\nto personnel administration the corporation shall administer its\npersonnel pursuant to the civil service law, the rules and regulations,\ntime and leave rules classification and compensation schedules, class\nspecifications and personnel orders of the New York city department of\npersonnel and civil service commission, and all other applicable\nprovisions of local or general laws relating to civil service personnel.\n 2. (a) Every employee who was an employee of the administration, or\nany constituent agency or department thereof, shall be automatically\nappointed and transferred to the corporation in the same or equivalent\nclassification and position he held at the time of such transfer and for\nsuch purposes the corporation shall be deemed the successor to the city\nas a public employer of such employee. All officers or employees\ntransferred to the corporation who had civil service status at the time\nof such transfer shall retain such status for the purpose of transfer,\nreassignment or promotion to any position in a city department or\nagency.\n (b) (i) It is hereby found that the continued, uninterrupted, adequate\nand efficient administration of health and medical services is necessary\nfor the general welfare of the people of the city of New York. It is\nfurther found that with respect to certain services provided for the\ncorporation by the voluntary hospitals and medical schools in the\nmunicipal hospitals of the city of New York, such administration\nproperly requires that employees performing those services be employed\nby the corporation. For the continued performance of those services\nassumed by the corporation, the continued employment of personnel\npossessing ability, skill, experience and knowledge is essential. A\nrequirement of competitive examination for the appointment of any such\nemployee to the corporation would seriously interrupt the continuous\nprovision of health and medical services and is thus impractical. It is\nthereby declared to be in the public interest that because of their\nknowledge, training, experience and efficiency, those employees of the\nvoluntary hospitals and medical schools be continued in the employment\nof the corporation without competitive examination, and shall be\nafforded permanent competitive status.\n (ii) Notwithstanding any provision to the contrary contained in any\ngeneral, special or local law, those employees of the voluntary\nhospitals and medical schools in the city of New York performing\nservices which are assumed by the corporation shall be transferred to\nand continued in employment by the corporation in similar or\ncorresponding positions, which shall have been classified by the\ncorporation in accordance with the provisions of subdivision one of this\nsection. Such employees shall continue to hold their positions without\nfurther examination and shall have all the rights and privileges of the\njurisdictional class to which such positions may be allocated; provided,\nhowever, that after such transfer of functions and activities to the\ncorporation all new positions thereafter created and vacancies occurring\nin positions already established shall be filled in accordance with the\nprovisions of subdivision one of this section.\n 3. The corporation shall recognize the certified employee\norganizations and bargaining units of such employees, and the\ncorporation shall assume and be bound by all existing collective\nbargaining agreements with such employee organizations. All existing\nterms and conditions of employment of the corporation shall remain in\neffect until modified or changed in accordance with the procedures\nprovided herein.\n 4. Any officer or employee of the corporation who heretofore acquired\nor shall hereafter acquire such position status by transfer and who at\nthe time of such transfer was a member of the New York city employees'\nretirement system shall, with respect to such retirement system,\ncontinue to have the rights, privileges, obligations and status which\nwould have applied to him if he had continued to hold the office or\nposition which entitled him to such membership prior to such transfer.\nEmployment by the corporation shall constitute city-service for the\npurposes of title B of chapter three of the administrative code of the\ncity.\n 5. The corporation, its officers and employees, shall be subject to\narticle fourteen of the civil service law and for all such purposes the\ncorporation shall be deemed "public employees", provided, however, that\nchapter fifty-four of the New York City Charter and Administrative Code\nand Executive Order No. 52 dated September 29, 1967, promulgated by the\nmayor of the city of New York, shall apply in all respects to the\ncorporation, its officers and employees except that paragraph seven and\nparagraph eight of said executive order shall not be applicable to the\ncorporation, its officers and employees. Except as otherwise provided in\ncollective bargaining agreements the corporation shall establish general\nand special grievances procedures which shall provide for final and\nbinding arbitration of grievances as defined in chapter fifty-four of\nthe administrative code of the city of New York. All general and special\ngrievance procedures shall be reviewed by the personnel review board\nestablished under the terms of this act.\n 6. Any employee of the corporation shall be authorized to institute a\nproceeding against the corporation in accordance with the provisions of\narticle seventy-eight of the civil practice law and rules, and for the\npurposes hereof the corporation shall be deemed an administrative body\nor agency within the meaning of the said article seventy-eight.\n 7. Nothing herein contained shall supersede, impair or diminish the\nrights of any officer or employee of the corporation under or pursuant\nto section two hundred twenty of the labor law, and for the purposes\nhereof the fiscal officer of the corporation shall be the comptroller of\nthe city of New York.\n 8. (a) For a period of five years after the creation of the\ncorporation, the corporation shall, in its by-laws, provide for the\ncreation of a personnel review board, consisting of three members who\nshall be appointed for annual terms as follows: one member designated by\nthe corporation; one member designated by the municipal labor committee\nestablished pursuant to section 1173-9.0 of the New York city\nadministrative code, and one member, who shall be the chairman,\ndesignated by the other two members of the personnel review board. After\nthe aforesaid period of five years, all vacancies in the personnel\nreview board shall be filled by appointment by the mayor. The chairman\nof the personnel review board shall receive a per diem fee of not less\nthan one hundred fifty dollars and the other two members shall each\nreceive a per diem fee of not less than one hundred twenty-five dollars,\nwhen actually rendering services, in addition to actual and necessary\nexpenses incurred in the performance of their duties.\n (b) Except for matters which are subject to collective bargaining\nagreement, the personnel review board shall have the right to review, at\nthe instance of any aggrieved employee of the corporation or any\ncertified employee organization respresenting such employee, any by-law,\nrule or regulation promulgated pursuant to subdivision one of this\nsection nine or any action of the corporation related thereto and upon\nsuch review to direct the corporation to take or refrain from such\naction as the personnel review board shall deem proper except, however,\nnothing contained in this section nine shall abridge the right of the\ncorporation to exercise any managerial prerogatives which were reserved\nby the city in section five-c of the aforesaid mayor executive order\nnumber fifty-two.\n The personnel review board shall, when requested by the board of\ndirectors, conduct any special reviews, studies, investigations or\nanalyses of the administration of personnel in the corporation.\n