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This entry was published on 2019-04-19
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SECTION 1279-L
Right to share employees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1279-l. Right to share employees. 1. It is hereby found and declared
to be necessary and proper to authorize the authority, its subsidiaries,
affiliates, and subsidiaries of affiliates, powers to effectuate and
ensure such entities continued financial viability, which is at issue
given sizable operating deficits and significant capital needs. Allowing
wholesale internal management reforms will create savings, combat
entrenched bureaucracies, create streamlined, uniform, and efficient
services, ensure public accountability and reestablish public trust. In
order to facilitate these necessary goals it is both reasonable and a
legitimate public purpose to provide systematic authority for the
sharing of employees within and between the respective entities.

2. Notwithstanding any provision of law to the contrary, the
authority, its subsidiaries, affiliates, and subsidiaries of affiliates
shall each have the right to share employees within and between such
entities and to assign such employees to perform any operation or
function subject only to a determination that they are substantially
similar to any operation or function currently performed. Substantially
similar operation or function shall be determined exclusively by the
authority.

3. Nothing set forth in this subdivision shall be construed to impede,
infringe or diminish the rights and benefits that accrue to employees
and employers through collective bargaining agreements, or impact or
change an employee's membership in a bargaining unit.