§ 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.