Subsidized public sector employment programs.

(1) A social services official 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 social services districts and employers; provided, however, that, if appropriate, the office may act on behalf of one or more social services districts in establishing such agreements.

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

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

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

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

(ii) 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 any applicable collective bargaining agreement or otherwise as made available to such existing employees;

(iii) the social services official shall ensure that any such program agreement contains adequate provisions for the prompt resolution of disputes concerning participation in the program and the obligations and benefits associated with it;

(iv) nothing contained in this section shall be deemed to affect, modify or abridge a participant's right to a fair hearing pursuant to Part 358 of this Title or representation thereat by counsel or, if applicable, the participant's collective bargaining representative.

(5) A participant employed by an employer subject to the Civil Service Law or subject to rules consistent with such law shall be 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.

(6) No employee of the participating employer may be displaced by any recipient employed pursuant to this subdivision. 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.

(7) 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;

(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 assigned individuals performing, in part or in whole, the work normally performed by the employee in such position.

(8) No position may be 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.

(9) 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 10 days prior to filling a position with a participant, notify any employee organization that represents employees of the employer 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 subdivision.

(11) 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 shall provide to the social services district assurances that no such funds will be used for such purposes.

(12) Nothing herein shall be construed to affect, modify, or otherwise abridge any provision of the Civil Service Law.