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This entry was published on 2014-09-22
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SECTION 3246
Employees of the corporation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-B, TITLE 4
§ 3246. Employees of the corporation. 1. In order to reduce its
operating expenses the corporation shall, to the extent practicable,
utilize existing employees of the state, pursuant to section thirty-two
hundred forty-eight of this title, hiring its own employees only if the
necessary functions of the corporation cannot be performed without the
hiring of such employees. Employee compensation shall be paid only from
appropriations made to the corporation by law.

2. In accordance with the provisions of section seventy of the civil
service law and any applicable collective bargaining agreement, the
state and the corporation shall have the power to provide for the
transfer to the corporation of such agents, employees and facilities of
the state as shall enable the corporation to fulfill its corporate
purposes. Employees of the state so transferred shall be appointed,
without further examination, to the corporation in the same or
equivalent classification and position they hold at the time of the
transfer.

3. 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
serving in positions in newly created titles shall be assigned to such
same collective bargaining unit if they would have been assigned to such
unit were such titles created prior to the establishment of the
corporation. Nothing contained in this title shall be construed to
diminish (a) the rights of employees pursuant to a collective bargaining
agreement or (b) to affect existing law with respect to an application
to the public employment relations board seeking a designation by the
board that certain persons are managerial or confidential.

4. The corporation and its employees shall be subject to article
fourteen of the civil service law and for all purposes the corporation
shall be deemed a "public employer".