§ 118 — Transfer of employees

§ 118. Transfer of employees. 1. Upon the transfer of functions,\npowers, duties and obligations to the commission pursuant to this\narticle, provision shall be made for the transfer of all employees from\nthe former division of the lottery and former racing and wagering board\ninto the commission. Employees so transferred shall be transferred\nwithout further examination or qualification to the same or similar\ntitles, shall remain in the same collective bargaining units and shall\nretain their respective civil service classifications, status and rights\npursuant to their collective bargaining units and collective bargaining\nagreements.\n 2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees other\nthan management or confidential persons as defined in article fourteen\nof the civil service law serving positions in newly created titles shall\nbe assigned to the appropriate bargaining unit. Nothing contained herein\nshall 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 state and an employee\norganization; or\n (c) existing law with respect to an application to the public\nemployment relations board, provided, however, that the merger of such\nnegotiating units of employees shall be effected only with the consent\nof the recognized and certified representative of such units and of the\ndepartment of law.\n