1. The Laws of New York
  2. Unconsolidated Laws
  3. New York City health and hospitals corporation act 1016/69


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

New York City health and hospitals corporation act 1016/69 (HHC)

Personnel administration; collective bargaining; pension and retirement benefits; article fourteen civil service law; paragraph two hundred twenty labor law; personnel review board. 1. The corporation shall, upon ten days written notice appropriately posted in the health facilities, promulgate rules and regulations consistent with civil service law with respect to policies, practices, procedures relating to position classifications, title structure, class specifications, examinations, appointments, promotions, voluntary demotions, transfers, re-instatements, procedures relating to abolition or reduction in positions, for personnel employed by the corporation pursuant to section five, subdivision twelve of this act, subject to the following exception. The New York city health and hospitals corporation shall employ peace officers appointed pursuant to this subdivision to perform the patrol, investigation, and maintenance of the peace duties of special officer, senior special officer and hospital security officer; provided however that nothing in this subdivision shall prohibit managerial, supervisory, or state licensed or certified professional employees of the corporation from performing these duties where they are incidental to their usual duties, or shall prohibit police officers employed by the city of New York from performing these duties.

  Until the corporation adopts by-laws, rules and regulations relating to personnel administration the corporation shall administer its personnel pursuant to the civil service law, the rules and regulations, time and leave rules classification and compensation schedules, class specifications and personnel orders of the New York city department of personnel and civil service commission, and all other applicable provisions of local or general laws relating to civil service personnel.

  2. (a) Every employee who was an employee of the administration, or any constituent agency or department thereof, shall be automatically appointed and transferred to the corporation in the same or equivalent classification and position he held at the time of such transfer and for such purposes the corporation shall be deemed the successor to the city as a public employer of such employee. All officers or employees transferred to the corporation who had civil service status at the time of such transfer shall retain such status for the purpose of transfer, reassignment or promotion to any position in a city department or agency.

  (b) (i) It is hereby found that the continued, uninterrupted, adequate and efficient administration of health and medical services is necessary for the general welfare of the people of the city of New York. It is further found that with respect to certain services provided for the corporation by the voluntary hospitals and medical schools in the municipal hospitals of the city of New York, such administration properly requires that employees performing those services be employed by the corporation. For the continued performance of those services assumed by the corporation, the continued employment of personnel possessing ability, skill, experience and knowledge is essential. A requirement of competitive examination for the appointment of any such employee to the corporation would seriously interrupt the continuous provision of health and medical services and is thus impractical. It is thereby declared to be in the public interest that because of their knowledge, training, experience and efficiency, those employees of the voluntary hospitals and medical schools be continued in the employment of the corporation without competitive examination, and shall be afforded permanent competitive status.

  (ii) Notwithstanding any provision to the contrary contained in any general, special or local law, those employees of the voluntary hospitals and medical schools in the city of New York performing services which are assumed by the corporation shall be transferred to and continued in employment by the corporation in similar or corresponding positions, which shall have been classified by the corporation in accordance with the provisions of subdivision one of this section. Such employees shall continue to hold their positions without further examination and shall have all the rights and privileges of the jurisdictional class to which such positions may be allocated; provided, however, that after such transfer of functions and activities to the corporation all new positions thereafter created and vacancies occurring in positions already established shall be filled in accordance with the provisions of subdivision one of this section.

  3. The corporation shall recognize the certified employee organizations and bargaining units of such employees, and the corporation shall assume and be bound by all existing collective bargaining agreements with such employee organizations. All existing terms and conditions of employment of the corporation shall remain in effect until modified or changed in accordance with the procedures provided herein.

  4. Any officer or employee of the corporation who heretofore acquired or shall hereafter acquire such position status by transfer and who at the time of such transfer was a member of the New York city employees' retirement system shall, with respect to such retirement system, continue to have the rights, privileges, obligations and status which would have applied to him if he had continued to hold the office or position which entitled him to such membership prior to such transfer. Employment by the corporation shall constitute city-service for the purposes of title B of chapter three of the administrative code of the city.

  5. The corporation, its officers and employees, shall be subject to article fourteen of the civil service law and for all such purposes the corporation shall be deemed "public employees", provided, however, that chapter fifty-four of the New York City Charter and Administrative Code and Executive Order No. 52 dated September 29, 1967, promulgated by the mayor of the city of New York, shall apply in all respects to the corporation, its officers and employees except that paragraph seven and paragraph eight of said executive order shall not be applicable to the corporation, its officers and employees. Except as otherwise provided in collective bargaining agreements the corporation shall establish general and special grievances procedures which shall provide for final and binding arbitration of grievances as defined in chapter fifty-four of the administrative code of the city of New York. All general and special grievance procedures shall be reviewed by the personnel review board established under the terms of this act.

  6. Any employee of the corporation shall be authorized to institute a proceeding against the corporation in accordance with the provisions of article seventy-eight of the civil practice law and rules, and for the purposes hereof the corporation shall be deemed an administrative body or agency within the meaning of the said article seventy-eight.

  7. Nothing herein contained shall supersede, impair or diminish the rights of any officer or employee of the corporation under or pursuant to section two hundred twenty of the labor law, and for the purposes hereof the fiscal officer of the corporation shall be the comptroller of the city of New York.

  8. (a) For a period of five years after the creation of the corporation, the corporation shall, in its by-laws, provide for the creation of a personnel review board, consisting of three members who shall be appointed for annual terms as follows: one member designated by the corporation; one member designated by the municipal labor committee established pursuant to section 1173-9.0 of the New York city administrative code, and one member, who shall be the chairman, designated by the other two members of the personnel review board. After the aforesaid period of five years, all vacancies in the personnel review board shall be filled by appointment by the mayor. The chairman of the personnel review board shall receive a per diem fee of not less than one hundred fifty dollars and the other two members shall each receive a per diem fee of not less than one hundred twenty-five dollars, when actually rendering services, in addition to actual and necessary expenses incurred in the performance of their duties.

  (b) Except for matters which are subject to collective bargaining agreement, the personnel review board shall have the right to review, at the instance of any aggrieved employee of the corporation or any certified employee organization respresenting such employee, any by-law, rule or regulation promulgated pursuant to subdivision one of this section nine or any action of the corporation related thereto and upon such review to direct the corporation to take or refrain from such action as the personnel review board shall deem proper except, however, nothing contained in this section nine shall abridge the right of the corporation to exercise any managerial prerogatives which were reserved by the city in section five-c of the aforesaid mayor executive order number fifty-two.

  The personnel review board shall, when requested by the board of directors, conduct any special reviews, studies, investigations or analyses of the administration of personnel in the corporation.