§ 3629. Transfer of officers and employees; recognition and
continuation of existing bargaining agents and units; layoffs; services.
1. On the effective date of the transfer of the facilities and
operations of the Erie County Medical Center healthcare network pursuant
to an agreement between the county and the corporation, as authorized in
this title, officers and employees employed in the network 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.

2. The employees of the corporation shall, for all purposes of article
fourteen of the civil service law, be deemed to be employees of the
county of Erie and shall be employed within the current county of Erie
bargaining unit designation. The county office of labor relations shall,
for all purposes of article fourteen of the civil service law, act as
agent for the corporation and shall, with respect to the corporation,
have all the powers and duties provided under article twenty-four of the
executive law. Those persons who become employees of the corporation
pursuant to subdivision one of this section or who enter into the
service of the corporation following the effective date of the transfer
shall retain their current bargaining unit designations. The corporation
and the county shall recognize the existing certified or recognized
employee organizations for county employees as the exclusive collective
bargaining representatives for such employees.

Titles within collective bargaining units in existence prior to the
transfer of operations to the corporation shall remain in those units
and shall not be altered by the public employment relations board
without the consent of the corporation, the county, and the recognized
or certified representatives of the negotiating units involved. New
titles created after the date of the transfer of operations to the
corporation shall be placed in the appropriate unit of county employees
consistent with the provisions of article fourteen of the civil service
law.

3. The corporation shall be bound by all collective bargaining
agreements between the county of Erie and such collective bargaining
representatives in effect as of the date of transfer of operations to
the corporation and any successor agreements between such parties.

4. The corporation shall be subject to the civil service law. For the
purposes of such law, the following titles, including the proposed
comparable corporate titles where applicable, shall, upon the effective
date of the transfer described in subdivision one of this section,
continue to be classified or designated exempt or
managerial/confidential unless, pursuant to the provisions of the civil
service law, a lesser or greater number of titles or positions is
properly classified or designated exempt or managerial/confidential:
Assistant Director Labs, Assistant Director MMS, Assistant Director
Neuropathology, Assistant Director Nursing Medicine, Assistant Director
Nursing Med. Surgery, Assistant Director Nursing Services, Assistant
Director Sp. Cl. Services, Assistant Hospital Administrator, Associate
Administrator HLT, Associate Director Medicine, Associate Director of
Finance, Associate Director of Pathology, Associate Director Output
Services, Chief Executive Officer, Chief Operating Officer, Chief
Financial Officer, Chief Orthopedic Surgery, Clinical Director,
Coordinator Int. Services, Director Burn Treatment, Director Corporate
Compliance, Director Nursing Services, Director of Information Services,
Director of Labs, Director of Mental Health Special Services, Director
of Nursing Services, Director Pharmacy, Director Social Work Services,
Director Surgical Services, Nurses Facilities Administrator, Secretary
Board of Managers, and Secretary to Chief Executive Officer. Employees
in existing or new titles that are properly classified or designated as
exempt or managerial/confidential shall be considered employees of the
corporation.

5. Nothing contained in this title shall be construed to affect:

(a) the rights of employees pursuant to a collective bargaining
agreement;

(b) the bargaining relationship between the executive branch of the
county of Erie and an employee organization; or

(c) existing law with respect to an application to the public
employment relations board seeking the designation of persons as
managerial or confidential.

6. There shall be no layoffs of any officers or employees of the Erie
County Medical Center 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 this subdivision shall be deemed not to be such a direct
consequence.

7. 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.