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This entry was published on 2014-09-22
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SECTION 3558
Recognition and continuation of existing bargaining agents and units
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-C, TITLE 4
§ 3558. Recognition and continuation of existing bargaining agents and
units. 1. The employees of the corporation shall, for all purposes of
article fourteen of the civil service law, be deemed to be employees of
the state of New York and shall be employed within the current state of
New York bargaining unit designations of either the professional,
scientific and technical unit, the administration services unit,
operational services unit, institutional services unit or security
services unit. The governor's office of employee relations shall, for
all purposes of article fourteen of the civil service law, act as agent
for the corporation, and shall, with respect to the corporation, have
all the powers and duties provided under sections six hundred fifty
through six hundred fifty-four of the executive law. Those persons who
become employees of the corporation pursuant to subdivision one of this
section or who enter into the service of the corporation following the
effective date of the transfer shall retain their current bargaining
unit designations in either the professional, scientific and technical
services unit, the administrative services unit, the institutional
services unit, the operational services unit, the security services unit
or the security supervisors unit of state employees. The corporation and
the state shall recognize the existing certified or recognized employee
organizations for state employees as the exclusive collective bargaining
representatives for such employees.

Titles within collective bargaining units in existence prior to the
transfer of operations to the corporation shall remain in those units
and will not be altered by the public employment relations board without
the consent of the corporation, the state and the recognized or
certified representatives of the negotiating units involved. New titles
created after the date of the transfer of operations to the corporation
will be placed in the appropriate unit of state employees consistent
with the provisions of article fourteen of the civil service law.

2. The corporation shall be bound by all collective bargaining
agreements between the state of New York and such collective bargaining
representatives, in effect as of the date of transfer of operations to
the corporation and any successor agreements between such parties.

3. Nothing contained in this provision shall be construed to affect:

(a) the rights of employees pursuant to a collective bargaining
agreement;

(b) the bargaining relationship between the executive branch of the
state of New York and an employee organization;

(c) existing law with respect to an application to the public
employment relations board seeking the designation of persons as
managerial or confidential.