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A 11547

Relates to the staffing and operations of a cancer research institute and a related not-for-profit corporation

2025 Regular Session

Transfers Buffalo Division staff from Health Research Inc. to Roswell Park Cancer Research Corporation while preserving current pay, benefits, and union terms through March 31, 202

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Bill Summary · A 11547

Bill Overview

  • Bill: A11547 (2025-2026 Session, New York)
  • Title: Relates to the staffing and operations of a cancer research institute and a related not-for-profit corporation
  • Sponsor: Rules Committee (at request of M. of A. Peoples-Stokes), with Department of Health involvement
  • Status: Passed the Senate and Assembly; delivered to Senate; referred to Rules in the latest stage; substituted for S10628

Main Purpose and Intent

  • The bill seeks to streamline and formalize the transfer of staffing and operational control from Health Research, Inc. (HRI) to Roswell Park Cancer Research Corporation (RPCRC), a private not-for-profit entity.
  • It aims to preserve employee terms, benefits, and the existing collective bargaining framework during and after the transition.
  • The overarching goal is to strengthen RPCI’s (Roswell Park Cancer Institute) research infrastructure by consolidating administrative and personnel services under RPCRC, while ensuring continuity of employment terms and protections for affected workers.

Key Provisions and Changes

  • Transfers and Employment:

    • Upon transfer of operations of the Buffalo Division of HRI to RPCRC, all Buffalo Division employees become RPCRC employees with equivalent offices and positions.
    • The transfer cannot occur until all grants and funds held by HRI are transferred to RPCRC, and all affected employees transfer on the same date.
    • Buffalo Division employees retain their bargaining unit designation; RPCRC must recognize the existing certified or recognized employee organization as the exclusive representative.
    • Titles within the pre-existing bargaining unit remain as they were; newly created titles after the transfer will be placed in the appropriate negotiating unit.

  • Collective Bargaining and Labor Terms:

    • RPCRC and the existing certified or recognized employee organization will assume the terms of the current collective bargaining agreement (CBA) in effect as of the transfer date through its expiration (March 31, 2028).
    • After expiration, RPCRC and the bargaining representative will renegotiate in accordance with applicable law.
    • The transfer preserves the current CBA provisions for Buffalo Division HRI employees who become RPCRC employees or are hired before the expiration of the CBA.

  • Benefits and Leave:

    • RPCRC is responsible for salary and compensation of transferred employees, and for liabilities related to carried-over leave and retirement benefits.
    • Leave balances (personal, holiday, annual, sick leave, including sick leave at half pay) must be credited to transferring employees.

  • Workforce Protections:

    • No HRI employee in positions covered by the existing CBA shall be laid off as a direct result of this act for the period up to 24 months after the transfer date.
    • The act acknowledges exceptions: layoffs may occur due to funding loss, grant expiration, financial viability issues, or similar contingencies not directly caused by the act.

  • Corporate Structure and Governance:

    • RPCRC will be a private not-for-profit corporation, not a public employer, and its employees will not be public employees or have civil service status.
    • RPCRC will be governed by an independent board of directors; the NYS Commissioner of Health sits ex officio on the RPCRC board. No elected official may appoint or remove directors.

  • Subsidiaries:

    • If RPCRC establishes subsidiaries for purposes aligned with RPCRC’s mission, those subsidiaries will be treated as parties to the existing CBA for applicable employment categories.

  • Effective Date and Data:

    • The act takes effect upon transfer of all HRI grants to RPCRC, with RPCRC required to notify the Legislature’s bill drafting commission when the transfer occurs for record-keeping purposes.

Affected Parties

  • Primary: Employees of the Buffalo Division of Health Research Inc. (HRI) slated for transfer to Roswell Park Cancer Research Corporation (RPCRC).
  • Parties to Labor Relations: The existing certified or recognized employee organization representing those employees; RPCRC as the new employer.
  • Governance: The NYS Department of Health, via ex officio representation on RPCRC’s board.

Procedural and Timeline Aspects

  • Transfers are contingent on:
    • Transfer of all applicable HRI grants and funds to RPCRC.
    • Simultaneous transfer of all Buffalo Division employees to RPCRC on the transfer date.
  • CBA terms: Transferred employees will retain the current CBA terms through March 31, 2028.
  • Post-transfer: RPCRC and the bargaining representative will renegotiate a new CBA after expiration.
  • Employment status: RPCRC employees are not considered public employees; civil service protections do not apply to RPCRC.
  • Effective date: The act becomes effective after all grants have been transferred and RPCRC has been notified to maintain an accurate legal text database.

Potential Impacts

  • Stabilization of funding and operations for RPCI through centralized management and personnel services.
  • Continuity of employment benefits and labor relations protections for affected workers.
  • Structural separation of a public-benefit health research operation into a private not-for-profit governance model, with ongoing state oversight via the Department of Health.

Compiled from official sources — confirm details with the bill’s official record.

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