§ 118. Transfer of employees. 1. Upon the transfer of functions,
powers, duties and obligations to the commission pursuant to this
article, provision shall be made for the transfer of all employees from
the former division of the lottery and former racing and wagering board
into the commission. Employees so transferred shall be transferred
without further examination or qualification to the same or similar
titles, shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
pursuant to their collective bargaining units and collective bargaining
agreements.

2. A transferred employee shall remain in the same collective
bargaining unit as was the case prior to his or her transfer; successor
employees to the positions held by such transferred employees shall,
consistent with the provisions of article fourteen of the civil service
law, be included in the same unit as their predecessors. Employees other
than management or confidential persons as defined in article fourteen
of the civil service law serving 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 state and an employee
organization; or

(c) existing law with respect to an application to the public
employment relations board, provided, however, that the merger of such
negotiating units of employees shall be effected only with the consent
of the recognized and certified representative of such units and of the
department of law.