§ 9. Personnel administration; collective bargaining; pension and
retirement benefits; article fourteen civil service law; paragraph two
hundred twenty labor law; personnel review board. 1. The corporation
shall, upon ten days written notice appropriately posted in the health
facilities, promulgate rules and regulations consistent with civil
service law with respect to policies, practices, procedures relating to
position classifications, title structure, class specifications,
examinations, appointments, promotions, voluntary demotions, transfers,
re-instatements, procedures relating to abolition or reduction in
positions, for personnel employed by the corporation pursuant to section
five, subdivision twelve of this act, subject to the following
exception. The New York city health and hospitals corporation shall
employ peace officers appointed pursuant to this subdivision to perform
the patrol, investigation, and maintenance of the peace duties of
special officer, senior special officer and hospital security officer;
provided however that nothing in this subdivision shall prohibit
managerial, supervisory, or state licensed or certified professional
employees of the corporation from performing these duties where they are
incidental to their usual duties, or shall prohibit police officers
employed by the city of New York from performing these duties.

Until the corporation adopts by-laws, rules and regulations relating
to personnel administration the corporation shall administer its
personnel pursuant to the civil service law, the rules and regulations,
time and leave rules classification and compensation schedules, class
specifications and personnel orders of the New York city department of
personnel and civil service commission, and all other applicable
provisions of local or general laws relating to civil service personnel.

2. (a) Every employee who was an employee of the administration, or
any constituent agency or department thereof, shall be automatically
appointed and transferred to the corporation in the same or equivalent
classification and position he held at the time of such transfer and for
such purposes the corporation shall be deemed the successor to the city
as a public employer of such employee. All officers or employees
transferred to the corporation who had civil service status at the time
of such transfer shall retain such status for the purpose of transfer,
reassignment or promotion to any position in a city department or
agency.

(b) (i) It is hereby found that the continued, uninterrupted, adequate
and efficient administration of health and medical services is necessary
for the general welfare of the people of the city of New York. It is
further found that with respect to certain services provided for the
corporation by the voluntary hospitals and medical schools in the
municipal hospitals of the city of New York, such administration
properly requires that employees performing those services be employed
by the corporation. For the continued performance of those services
assumed by the corporation, the continued employment of personnel
possessing ability, skill, experience and knowledge is essential. A
requirement of competitive examination for the appointment of any such
employee to the corporation would seriously interrupt the continuous
provision of health and medical services and is thus impractical. It is
thereby declared to be in the public interest that because of their
knowledge, training, experience and efficiency, those employees of the
voluntary hospitals and medical schools be continued in the employment
of the corporation without competitive examination, and shall be
afforded permanent competitive status.

(ii) Notwithstanding any provision to the contrary contained in any
general, special or local law, those employees of the voluntary
hospitals and medical schools in the city of New York performing
services which are assumed by the corporation shall be transferred to
and continued in employment by the corporation in similar or
corresponding positions, which shall have been classified by the
corporation in accordance with the provisions of subdivision one of this
section. Such employees shall continue to hold their positions without
further examination and shall have all the rights and privileges of the
jurisdictional class to which such positions may be allocated; provided,
however, that after such transfer of functions and activities to the
corporation all new positions thereafter created and vacancies occurring
in positions already established shall be filled in accordance with the
provisions of subdivision one of this section.

3. The corporation shall recognize the certified employee
organizations and bargaining units of such employees, and the
corporation shall assume and be bound by all existing collective
bargaining agreements with such employee organizations. All existing
terms and conditions of employment of the corporation shall remain in
effect until modified or changed in accordance with the procedures
provided herein.

4. Any officer or employee of the corporation who heretofore acquired
or shall hereafter acquire such position status by transfer and who at
the time of such transfer was a member of the New York city employees'
retirement system shall, with respect to such retirement system,
continue to have the rights, privileges, obligations and status which
would have applied to him if he had continued to hold the office or
position which entitled him to such membership prior to such transfer.
Employment by the corporation shall constitute city-service for the
purposes of title B of chapter three of the administrative code of the
city.

5. The corporation, its officers and employees, shall be subject to
article fourteen of the civil service law and for all such purposes the
corporation shall be deemed "public employees", provided, however, that
chapter fifty-four of the New York City Charter and Administrative Code
and Executive Order No. 52 dated September 29, 1967, promulgated by the
mayor of the city of New York, shall apply in all respects to the
corporation, its officers and employees except that paragraph seven and
paragraph eight of said executive order shall not be applicable to the
corporation, its officers and employees. Except as otherwise provided in
collective bargaining agreements the corporation shall establish general
and special grievances procedures which shall provide for final and
binding arbitration of grievances as defined in chapter fifty-four of
the administrative code of the city of New York. All general and special
grievance procedures shall be reviewed by the personnel review board
established under the terms of this act.

6. Any employee of the corporation shall be authorized to institute a
proceeding against the corporation in accordance with the provisions of
article seventy-eight of the civil practice law and rules, and for the
purposes hereof the corporation shall be deemed an administrative body
or agency within the meaning of the said article seventy-eight.

7. Nothing herein contained shall supersede, impair or diminish the
rights of any officer or employee of the corporation under or pursuant
to section two hundred twenty of the labor law, and for the purposes
hereof the fiscal officer of the corporation shall be the comptroller of
the city of New York.

8. (a) For a period of five years after the creation of the
corporation, the corporation shall, in its by-laws, provide for the
creation of a personnel review board, consisting of three members who
shall be appointed for annual terms as follows: one member designated by
the corporation; one member designated by the municipal labor committee
established pursuant to section 1173-9.0 of the New York city
administrative code, and one member, who shall be the chairman,
designated by the other two members of the personnel review board. After
the aforesaid period of five years, all vacancies in the personnel
review board shall be filled by appointment by the mayor. The chairman
of the personnel review board shall receive a per diem fee of not less
than one hundred fifty dollars and the other two members shall each
receive a per diem fee of not less than one hundred twenty-five dollars,
when actually rendering services, in addition to actual and necessary
expenses incurred in the performance of their duties.

(b) Except for matters which are subject to collective bargaining
agreement, the personnel review board shall have the right to review, at
the instance of any aggrieved employee of the corporation or any
certified employee organization respresenting such employee, any by-law,
rule or regulation promulgated pursuant to subdivision one of this
section nine or any action of the corporation related thereto and upon
such review to direct the corporation to take or refrain from such
action as the personnel review board shall deem proper except, however,
nothing contained in this section nine shall abridge the right of the
corporation to exercise any managerial prerogatives which were reserved
by the city in section five-c of the aforesaid mayor executive order
number fifty-two.

The personnel review board shall, when requested by the board of
directors, conduct any special reviews, studies, investigations or
analyses of the administration of personnel in the corporation.