Section 336-E. Subsidized public sector employment programs

1. A social
  services district may  establish  subsidized  public  sector  employment
  programs for public assistance recipients including, but not limited to,
  grant  diversion programs, which may be supported wholly or in part with
  public assistance funds. Such  programs  shall  be  established  through
  agreements  between  local  districts  and employers; provided, however,
  that, if appropriate, the department may act on behalf of  one  or  more
  local districts in establishing such agreements.
    2.  Programs  may  include,  but  need  not  be limited to, on-the-job
  training programs which reimburse employers for  the  cost  of  training
  public assistance recipients through wage subsidies.
    3.  The  social  services  official or the department is authorized to
  transfer public assistance funds to employers through written agreements
  developed and executed in accordance with department regulations.
    4.  A  recipient  may  be  assigned  to  a  subsidized  public  sector
  employment activity only if:
    (a) the conditions of employment including such factors as the type of
  work,  geographical  region  and  proficiency  of  the  participant  are
  appropriate and reasonable.
    (b) the recipient is deemed an employee for purposes of the applicable
  collective bargaining and labor laws and receives the same benefits  and
  protections  as existing employees similarly situated (working a similar
  length  of  time  and  doing  similar  work)  receive  pursuant  to  the
  provisions  of  law,  and  applicable collective bargaining agreement or
  otherwise as made available to the regular employees  of  the  employer.
  Each  participating  person  shall  be  given  the  opportunity  to work
  sufficient hours to earn a net wage of at least the amount  such  person
  would  have  been entitled to receive as recipients of public assistance
  or, where applicable, the amount such person would have received for his
  or her household, including the amount for  dependents.  Such  net  wage
  shall  be calculated by deducting from gross wages federal income taxes,
  federal employment taxes, state income taxes,  local  income  taxes  and
  union  dues,  if  any.  No  program shall be approved under this section
  unless  the  commissioner  is  satisfied  that  it   contains   adequate
  provisions   for   the   prompt   resolution   of   disputes  concerning
  participation in the program and the obligations and benefits associated
  with it. Nothing contained in this section shall be  deemed  to  affect,
  modify  or  abridge  a participant's right to a fair hearing pursuant to
  section twenty-two of this chapter or representation thereat by  counsel
  or,    if    applicable,   the   participant's   collective   bargaining
  representative.
    (c) a participant employed by an employer subject to the civil service
  law or subject to rules consistent with such  law  is  appointed  to  an
  appropriate  classified position. Notwithstanding any other provision of
  law, rule or regulation, such position shall be  deemed  to  be  in  the
  non-competitive   class  of  the  classified  service  only  while  such
  participant is serving in the position.
    (d) no employee of the participating  employer  is  displaced  by  any
  recipient  employed  pursuant  to  this section. For the purpose of this
  subdivision, the term displacement shall include  partial  displacement,
  such as a reduction in the customary hours of work (including overtime),
  wages, or employment benefits.
    (e) no participant shall be employed:
    (i)   if   any  other  employee  of  the  employer  is  available  for
  reinstatement, recall or reemployment  following  a  leave  of  absence,
  furlough,  layoff  or  suspension  from  the  same  or any substantially
  equivalent job;

    (ii) when the employer has terminated the employment  of  any  regular
  employee  or  otherwise  reduced  its  work  force with the intention of
  filling the vacancy or vacancies so  created  by  hiring  a  participant
  whose wages are subsidized under this program; or
    (iii)  when  the  employee  organization representing employees of the
  employer is engaged in a strike against the employer or  such  employees
  have been locked-out by the employer; or
    (iv)  where  such  employment results in the loss of a bargaining unit
  position as a result of work experience participants performing, in part
  or in whole, the  work  normally  performed  by  the  employee  in  such
  position.
    (f)  no  position  is  created  that will infringe in any way upon the
  promotional  opportunities  of   currently   employed   individuals   or
  individuals  currently  engaged  in  an approved apprenticeship training
  program.
    (g) no participant shall remain in a position if another  employee  is
  eligible  for  promotion  from  an  eligible  list  to that position. An
  employer shall, at least ten days prior to filling  a  position  with  a
  participant,  notify any employee organization that represents employees
  who are engaged in similar work or training in the same or substantially
  equivalent job as that in which the placement is to  be  made,  that  it
  intends to make a placement pursuant to the terms of this section.
    (h)  where  an  employee  organization  represents  employees  who are
  engaged in similar work in the same or substantially equivalent  job  as
  that  proposed  to  be  funded  under  this  program,  an opportunity is
  provided for such organization to comment on the proposed placement of a
  participant or the administration of the program and the social services
  official or his or her designee shall respond to  such  comments  within
  ten days of receipt thereof.
    (i)  employers  are  prohibited  from using public assistance funds to
  encourage  or  discourage  membership  in,  or  participation   in   the
  activities  of,  any employee organization and each employer provides to
  the social services district assurances that no such funds will be  used
  for such purposes.
    (j)  nothing  herein shall be construed to affect, modify or otherwise
  abridge any provision of the civil service law.