Section 1147-H. Transfer of officers and employees  


Latest version.
  • 1. In accordance with
      the provisions of section seventy of the civil service law, any  officer
      or  employee  of  the  municipality served by the authority, may, at the
      request of the authority and with the consent  of  the  chief  executive
      officer  of  such municipality be transferred to the authority and shall
      be  eligible  for  such  transfer  and  appointment,   without   further
      examination,  to  applicable offices, positions and employment under the
      authority.  Any  such  officers  or  employees  so  transferred  to  the
      authority  pursuant to this section, who are members of or benefit under
      any existing pension or retirement fund or  system,  shall  continue  to
      have all rights, privileges, obligations and status with respect to such
      fund  or  system  as are now prescribed by law, but during the period of
      their employment by the authority, all contributions to  such  funds  or
      systems  to  be  paid  by  the  employer  on account of such officers or
      employees shall be paid by the authority.
        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
      serving  in  positions  in newly created titles shall be assigned to the
      same collective bargaining unit as they would have been assigned to such
      unit were  such  titles  created  prior  to  the  establishment  of  the
      authority.  Nothing  contained  in  this title shall be construed (a) to
      diminish 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.