Section 3246. Employees of the corporation  


Latest version.
  • 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".