Transfer of employees

§ 1699-i. Transfer of employees. A transfer of employees effected as a consequence of the transfer of functions pursuant to any provision of this title shall be governed by this section:

1. Such transfers shall be subject to section seventy of the civil service law; or, where not subject to civil service, the provisions of such section seventy shall be deemed applicable, except where the context clearly requires otherwise. Any such employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made except to the extent such rights are modified by a collective bargaining agreement.

2. A transferred employee shall remain in the same collective bargaining unit as was the case prior to his or her transfer; successor employees to the positions held by such transferred employees shall, consistent with the provisions of article fourteen of the civil service law, be included in the same unit as their predecessors. Employees, other than managerial or confidential persons (as defined in article fourteen of the civil service law), serving in positions in newly created titles shall be assigned to the appropriate bargaining unit. Nothing contained herein shall be construed to affect: (a) the rights of employees pursuant to a collective bargaining agreement; (b) the representational relationships among employee organizations or the bargaining relationships between the state and an employee organization; or (c) existing law with respect to an application to the public employment relations board, provided, however, that the merger of such negotiating units of employees shall be effected only with the consent of the recognized and certified representatives of such units and of the authority.

3. Notwithstanding the provisions of any other law to the contrary, all lawful appointees holding positions which hereinbefore were subject to the civil service law and are transferred to the authority shall continue to hold their positions without further examination or qualifications.