§ 336-e. Subsidized public sector employment programs. 1. A social
services district may establish subsidized public sector employment
programs for public assistance recipients including, but not limited to,
grant diversion programs, which may be supported wholly or in part with
public assistance funds. Such programs shall be established through
agreements between local districts and employers; provided, however,
that, if appropriate, the department may act on behalf of one or more
local districts in establishing such agreements.

2. Programs may include, but need not be limited to, on-the-job
training programs which reimburse employers for the cost of training
public assistance recipients through wage subsidies.

3. The social services official or the department is authorized to
transfer public assistance funds to employers through written agreements
developed and executed in accordance with department regulations.

4. A recipient may be assigned to a subsidized public sector
employment activity only if:

(a) the conditions of employment including such factors as the type of
work, geographical region and proficiency of the participant are
appropriate and reasonable.

(b) the recipient is deemed an employee for purposes of the applicable
collective bargaining and labor laws and receives the same benefits and
protections as existing employees similarly situated (working a similar
length of time and doing similar work) receive pursuant to the
provisions of law, and applicable collective bargaining agreement or
otherwise as made available to the regular employees of the employer.
Each participating person shall be given the opportunity to work
sufficient hours to earn a net wage of at least the amount such person
would have been entitled to receive as recipients of public assistance
or, where applicable, the amount such person would have received for his
or her household, including the amount for dependents. Such net wage
shall be calculated by deducting from gross wages federal income taxes,
federal employment taxes, state income taxes, local income taxes and
union dues, if any. No program shall be approved under this section
unless the commissioner is satisfied that it contains adequate
provisions for the prompt resolution of disputes concerning
participation in the program and the obligations and benefits associated
with it. Nothing contained in this section shall be deemed to affect,
modify or abridge a participant's right to a fair hearing pursuant to
section twenty-two of this chapter or representation thereat by counsel
or, if applicable, the participant's collective bargaining
representative.

(c) a participant employed by an employer subject to the civil service
law or subject to rules consistent with such law is appointed to an
appropriate classified position. Notwithstanding any other provision of
law, rule or regulation, such position shall be deemed to be in the
non-competitive class of the classified service only while such
participant is serving in the position.

(d) no employee of the participating employer is displaced by any
recipient employed pursuant to this section. For the purpose of this
subdivision, the term displacement shall include partial displacement,
such as a reduction in the customary hours of work (including overtime),
wages, or employment benefits.

(e) no participant shall be employed:

(i) if any other employee of the employer is available for
reinstatement, recall or reemployment following a leave of absence,
furlough, layoff or suspension from the same or any substantially
equivalent job;

(ii) when the employer has terminated the employment of any regular
employee or otherwise reduced its work force with the intention of
filling the vacancy or vacancies so created by hiring a participant
whose wages are subsidized under this program; or

(iii) when the employee organization representing employees of the
employer is engaged in a strike against the employer or such employees
have been locked-out by the employer; or

(iv) where such employment results in the loss of a bargaining unit
position as a result of work experience participants performing, in part
or in whole, the work normally performed by the employee in such
position.

(f) no position is created that will infringe in any way upon the
promotional opportunities of currently employed individuals or
individuals currently engaged in an approved apprenticeship training
program.

(g) no participant shall remain in a position if another employee is
eligible for promotion from an eligible list to that position. An
employer shall, at least ten days prior to filling a position with a
participant, notify any employee organization that represents employees
who are engaged in similar work or training in the same or substantially
equivalent job as that in which the placement is to be made, that it
intends to make a placement pursuant to the terms of this section.

(h) where an employee organization represents employees who are
engaged in similar work in the same or substantially equivalent job as
that proposed to be funded under this program, an opportunity is
provided for such organization to comment on the proposed placement of a
participant or the administration of the program and the social services
official or his or her designee shall respond to such comments within
ten days of receipt thereof.

(i) employers are prohibited from using public assistance funds to
encourage or discourage membership in, or participation in the
activities of, any employee organization and each employer provides to
the social services district assurances that no such funds will be used
for such purposes.

(j) nothing herein shall be construed to affect, modify or otherwise
abridge any provision of the civil service law.