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This entry was published on 2014-09-22
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Transfer of employees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 4-B
§ 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

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