§ 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\ncontinuation of existing bargaining agents and units; layoffs; services.\n1. On the effective date of the transfer of the facilities and\noperations of the Erie County Medical Center healthcare network pursuant\nto an agreement between the county and the corporation, as authorized in\nthis title, officers and employees employed in the network 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 2. The employees of the corporation shall, for all purposes of article\nfourteen of the civil service law, be deemed to be employees of the\ncounty of Erie and shall be employed within the current county of Erie\nbargaining unit designation. The county office of labor relations shall,\nfor all purposes of article fourteen of the civil service law, act as\nagent for the corporation and shall, with respect to the corporation,\nhave all the powers and duties provided under article twenty-four of the\nexecutive law. Those persons who become employees of the corporation\npursuant to subdivision one of this section or who enter into the\nservice of the corporation following the effective date of the transfer\nshall retain their current bargaining unit designations. The corporation\nand the county shall recognize the existing certified or recognized\nemployee organizations for county employees as the exclusive collective\nbargaining representatives for such employees.\n Titles within collective bargaining units in existence prior to the\ntransfer of operations to the corporation shall remain in those units\nand shall not be altered by the public employment relations board\nwithout the consent of the corporation, the county, and the recognized\nor certified representatives of the negotiating units involved. New\ntitles created after the date of the transfer of operations to the\ncorporation shall be placed in the appropriate unit of county employees\nconsistent with the provisions of article fourteen of the civil service\nlaw.\n 3. The corporation shall be bound by all collective bargaining\nagreements between the county of Erie and such collective bargaining\nrepresentatives in effect as of the date of transfer of operations to\nthe corporation and any successor agreements between such parties.\n 4. The corporation shall be subject to the civil service law. For the\npurposes of such law, the following titles, including the proposed\ncomparable corporate titles where applicable, shall, upon the effective\ndate of the transfer described in subdivision one of this section,\ncontinue to be classified or designated exempt or\nmanagerial/confidential unless, pursuant to the provisions of the civil\nservice law, a lesser or greater number of titles or positions is\nproperly classified or designated exempt or managerial/confidential:\nAssistant Director Labs, Assistant Director MMS, Assistant Director\nNeuropathology, Assistant Director Nursing Medicine, Assistant Director\nNursing Med. Surgery, Assistant Director Nursing Services, Assistant\nDirector Sp. Cl. Services, Assistant Hospital Administrator, Associate\nAdministrator HLT, Associate Director Medicine, Associate Director of\nFinance, Associate Director of Pathology, Associate Director Output\nServices, Chief Executive Officer, Chief Operating Officer, Chief\nFinancial Officer, Chief Orthopedic Surgery, Clinical Director,\nCoordinator Int. Services, Director Burn Treatment, Director Corporate\nCompliance, Director Nursing Services, Director of Information Services,\nDirector of Labs, Director of Mental Health Special Services, Director\nof Nursing Services, Director Pharmacy, Director Social Work Services,\nDirector Surgical Services, Nurses Facilities Administrator, Secretary\nBoard of Managers, and Secretary to Chief Executive Officer. Employees\nin existing or new titles that are properly classified or designated as\nexempt or managerial/confidential shall be considered employees of the\ncorporation.\n 5. Nothing contained in this title shall be construed to affect:\n (a) the rights of employees pursuant to a collective bargaining\nagreement;\n (b) the bargaining relationship between the executive branch of the\ncounty of Erie and an employee organization; or\n (c) existing law with respect to an application to the public\nemployment relations board seeking the designation of persons as\nmanagerial or confidential.\n 6. There shall be no layoffs of any officers or employees of the Erie\nCounty Medical Center 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 this subdivision shall be deemed not to be such a direct\nconsequence.\n 7. Nothing contained in this section shall be construed to prevent the\nelimination of any service at any time as a result of the elimination of\nstate or federal assistance, the elimination of available revenue\nreimbursement, loss of certification or licensure, or loss of financial\nviability.\n