§ 1699-i. Transfer of employees. A transfer of employees effected as a\nconsequence of the transfer of functions pursuant to any provision of\nthis title shall be governed by this section:\n 1. Such transfers shall be subject to section seventy of the civil\nservice law; or, where not subject to civil service, the provisions of\nsuch section seventy shall be deemed applicable, except where the\ncontext clearly requires otherwise. Any such employee who, at the time\nof such transfer, has a temporary or provisional appointment shall be\ntransferred subject to the same right of removal, examination or\ntermination as though such transfer had not been made except to the\nextent such rights are modified by a collective bargaining agreement.\n 2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees,\nother than managerial or confidential persons (as defined in article\nfourteen of the civil service law), serving in positions in newly\ncreated titles shall be assigned to the appropriate bargaining unit.\nNothing contained herein shall be construed to affect: (a) the rights of\nemployees pursuant to a collective bargaining agreement; (b) the\nrepresentational relationships among employee organizations or the\nbargaining relationships between the state and an employee organization;\nor (c) existing law with respect to an application to the public\nemployment relations board, provided, however, that the merger of such\nnegotiating units of employees shall be effected only with the consent\nof the recognized and certified representatives of such units and of the\nauthority.\n 3. Notwithstanding the provisions of any other law to the contrary,\nall lawful appointees holding positions which hereinbefore were subject\nto the civil service law and are transferred to the authority shall\ncontinue to hold their positions without further examination or\nqualifications.\n
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