3558 - Recognition and continuation of existing bargaining agents and units.
§ 3558. Recognition and continuation of existing bargaining agents and units. 1. The employees of the corporation shall, for all purposes of article fourteen of the civil service law, be deemed to be employees of the state of New York and shall be employed within the current state of New York bargaining unit designations of either the professional, scientific and technical unit, the administration services unit, operational services unit, institutional services unit or security services unit. The governor's office of employee 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 sections six hundred fifty through six hundred fifty-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 in either the professional, scientific and technical services unit, the administrative services unit, the institutional services unit, the operational services unit, the security services unit or the security supervisors unit of state employees. The corporation and the state shall recognize the existing certified or recognized employee organizations for state 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 will not be altered by the public employment relations board without the consent of the corporation, the state 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 will be placed in the appropriate unit of state employees consistent with the provisions of article fourteen of the civil service law. 2. The corporation shall be bound by all collective bargaining agreements between the state of New York 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. 3. Nothing contained in this provision 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 state of New York and an employee organization; (c) existing law with respect to an application to the public employment relations board seeking the designation of persons as managerial or confidential.