Section 3403. Transfer of officers and employees; civil service

1. (a) On
  the effective date of the transfer of the facilities and  operations  of
  the  county  to  the  corporation  pursuant  to an agreement between the
  county and the corporation as authorized in  this  title,  officers  and
  employees  employed in a department or agency of the county shall become
  officers and employees  of  the  corporation  with  equivalent  offices,
  positions  and  employment therewith and shall be deemed public officers
  or public employees for all purposes.
    (b) In accordance with the provisions of section seventy of the  civil
  service  law,  for  a  period  not  to extend beyond six months from the
  effective date of the transfer of any facilities and operations  of  the
  county  pursuant  to an agreement between the county and the corporation
  as authorized in this title, any other officer or employee of the county
  may, at the request of the corporation  and  with  the  consent  of  the
  county  executive  and  the  officer  or employee, be transferred to the
  corporation and shall be eligible for  such  transfer  and  appointment,
  without  further  examination,  to  applicable  offices,  positions  and
  employment under the corporation.
    (c) Any person who, at the time  he  or  she  becomes  an  officer  or
  employee of the Nassau Health Care Corporation pursuant to paragraph (a)
  or  (b)  of this subdivision, 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.
    (d) There shall be no layoffs of any  officers  or  employees  of  the
  Nassau  Health  Care  Corporation  which are a direct consequence of the
  enactment of this title. There shall be a presumption that  any  layoffs
  occurring more than twenty-four months after the effective transfer date
  described  in  subdivision one of this section shall be deemed not to be
  such a direct consequence.
    (e) Nothing contained in this section shall be  construed  to  prevent
  the  elimination  of  any  service  at  any  time  as  a  result  of the
  elimination of state or federal assistance, the elimination of available
  revenue reimbursement, loss of certification or licensure,  or  loss  of
  financial viability.
    2.   The   corporation  shall  recognize  the  existing  certified  or
  recognized employee organizations for those persons who become employees
  of the Nassau Health Care Corporation pursuant to paragraph (a)  or  (b)
  of   subdivision  one  of  this  section  as  the  exclusive  collective
  bargaining representatives for such employees, who shall remain  in  the
  existing bargaining unit. The corporation shall be bound by all existing
  collective  bargaining  agreements with such employee organizations; all
  existing terms and conditions of employment shall remain in effect until
  altered by the terms of a successor contract; successor employees to the
  positions held by such 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 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 county, state and an employee
  organization; or
    (c) existing  law  with  respect  to  an  application  to  the  public
  employment relations board seeking designation by the board that certain
  persons  are  managerial  or confidential. Nothing herein shall preclude

  the merger of negotiating units of employees with  the  consent  of  the
  recognized or certified representatives of such units.
    3.  The  salary or compensation of any such officer or employee, after
  such transfer, shall be paid by the corporation. The corporation  shall,
  upon  transfer,  acknowledge and give credit for all leave balances held
  by such officers and employees on the date of transfer.
    4. The corporation shall be subject to the civil service law.