§ 3403. Transfer of officers and employees; civil service. 1.
(a)On\nthe effective date of the transfer of the facilities and operations of\nthe county to the corporation pursuant to an agreement between the\ncounty and the corporation as authorized in this title, officers and\nemployees employed in a department or agency of the county shall become\nofficers and employees of the corporation with equivalent offices,\npositions and employment therewith and shall be deemed public officers\nor public employees for all purposes.\n (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of any facilities and operations of the\ncounty pursuant to an agreement between the county an
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§ 3403. Transfer of officers and employees; civil service. 1. (a) On\nthe effective date of the transfer of the facilities and operations of\nthe county to the corporation pursuant to an agreement between the\ncounty and the corporation as authorized in this title, officers and\nemployees employed in a department or agency of the county shall become\nofficers and employees of the corporation with equivalent offices,\npositions and employment therewith and shall be deemed public officers\nor public employees for all purposes.\n (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of any facilities and operations of the\ncounty pursuant to an agreement between the county and the corporation\nas authorized in this title, any other officer or employee of the county\nmay, at the request of the corporation and with the consent of the\ncounty executive and the officer or employee, be transferred to the\ncorporation and shall be eligible for such transfer and appointment,\nwithout further examination, to applicable offices, positions and\nemployment under the corporation.\n (c) Any person who, at the time he or she becomes an officer or\nemployee of the Nassau Health Care Corporation pursuant to paragraph (a)\nor (b) of this subdivision, has a temporary or provisional appointment\nshall be transferred subject to the same right of removal, examination\nor termination as though such transfer had not been made except to the\nextent such rights are modified by a collective bargaining agreement.\n (d) There shall be no layoffs of any officers or employees of the\nNassau Health Care Corporation which are a direct consequence of the\nenactment of this title. There shall be a presumption that any layoffs\noccurring more than twenty-four months after the effective transfer date\ndescribed in subdivision one of this section shall be deemed not to be\nsuch a direct consequence.\n (e) Nothing contained in this section shall be construed to prevent\nthe elimination of any service at any time as a result of the\nelimination of state or federal assistance, the elimination of available\nrevenue reimbursement, loss of certification or licensure, or loss of\nfinancial viability.\n 2. The corporation shall recognize the existing certified or\nrecognized employee organizations for those persons who become employees\nof the Nassau Health Care Corporation pursuant to paragraph (a) or (b)\nof subdivision one of this section as the exclusive collective\nbargaining representatives for such employees, who shall remain in the\nexisting bargaining unit. The corporation shall be bound by all existing\ncollective bargaining agreements with such employee organizations; all\nexisting terms and conditions of employment shall remain in effect until\naltered by the terms of a successor contract; successor employees to the\npositions held by such employees shall, consistent with the provisions\nof article fourteen of the civil service law, be included in the same\nunit as their predecessors. Employees serving in positions in newly\ncreated titles shall be assigned to the appropriate bargaining unit.\nNothing contained herein shall be construed to affect:\n (a) the rights of employees pursuant to a collective bargaining\nagreement;\n (b) the representational relationships among employee organizations or\nthe bargaining relationships between the county, state and an employee\norganization; or\n (c) existing law with respect to an application to the public\nemployment relations board seeking designation by the board that certain\npersons are managerial or confidential. Nothing herein shall preclude\nthe merger of negotiating units of employees with the consent of the\nrecognized or certified representatives of such units.\n 3. The salary or compensation of any such officer or employee, after\nsuch transfer, shall be paid by the corporation. The corporation shall,\nupon transfer, acknowledge and give credit for all leave balances held\nby such officers and employees on the date of transfer.\n 4. The corporation shall be subject to the civil service law.\n