2020 New York Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 1 - Supervision and Regulation
118 - Transfer of Employees.

§  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.