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News

What's happening at the OCB lately? What are the most recent decisions issued by the Boards? The answers to those questions can all be found here on our News page. Read on!

Any management or labor representative who wishes to participate in the committee should contact Deputy General Counsel Abigail Levy at alevy@ocb.nyc.gov.

 


Tripartite Committee on Rules Revisions has begun to consider revisions to OCB’s Rules.

The Committee will meet on November 16, 2017 at 2pm and December 12, 2017 at 2 pm at OCB’s office.
Any management or labor representative who wishes to participate in the committee should contact Deputy General Counsel Abigail Levy at alevy@ocb.nyc.gov.  Amendments and a summary of the amendments that are currently under consideration are attached.


Proposed-Changes-to-Rules-9-29-17.pdf

Proposed-Rules-Revision-Summary-9-29-17.pdf

YCHA challenged the arbitrability of a grievance alleging that it failed to promote Grievant. It argued there was no nexus with the parties’ collective bargaining agreement or Executive Order 75. The Board found that there is a nexus to both the collective bargaining agreement and Executive Order 75. Accordingly, the petition challenging arbitrability was denied, and the request for arbitration was granted.

HHC challenged the arbitrability of a grievance that alleges it violated the layoff provision of the Citywide Agreement by failing to recognize seniority when it reassigned Grievants. HHC argued that this dispute involves its Personnel Rules and is excluded from arbitration and, thus, the Union failed to establish a nexus between the subject matter of the grievance and the layoff provision. The Board found that the Union did not establish a nexus between the grievance and the layoff provision. Accordingly, the petition challenging arbitrability was granted, and the request for arbitration was denied.

Effective immediately, NYC Health + Hospitals has voluntarily recognized the New York State Nurses Association as the bargaining representative of the title described below, and the Staff Nurses bargaining unit, Certification No. 30-82, has been amended to reflect this addition: Psychiatric Nurse Practitioner (Correctional Health Services) (Title Code No. 009990)

NYC Health + Hospitals sought to amend NYSNA’s bargaining unit, Certification No. 30-82, to add Accountable Care Manager and delete Care Manager, Registered Nurse, Levels I and II to reflect the reclassification of this title. The Board amended the certification.

Petitioner alleged that the Union breached its duty of fair representation by failing to assist her in obtaining a collectively-bargained wage increase. The Union and the City argued that the Union did not breach its duty of fair representation. The Board found that Petitioner's claim fails to establish that the Union breached the NYCCBL. Accordingly, the petition was dismissed.

HHC challenged the arbitrability of a grievance alleging a wrongful termination. It argued there was no nexus with the parties' collective bargaining agreements because the termination was not for disciplinary reasons and was a proper exercise of its statutory management rights. The Board found that the Union established the requisite nexus. Accordingly, the petition challenging arbitrability was denied.

On June 8, 2017, over 160 attendees celebrated the 50th Anniversary of the New York City Collective Bargaining Law at the Cornell Club in New York City. Click on the link above to see photos from the event and for an electronic copy of the 50th Anniversary Booklet.

The Uniformed Fire Alarm Dispatchers Benevolent Association, Inc. filed a petition to amend Certification No. 57-78 to reflect that the certified bargaining representative's name has changed. The Board amended the certification.

OSA sought to add Confidential Strategy Planner titles at

various agencies to Certification No. 3-88. By agreement of the parties, the Board

added the titles to the unit and designated three positions as confidential.

Petitioner alleged that NYCHA retaliated against her in violation of NYCCBL § 12-306(a)(1) and (3) by improperly disciplining her and that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b) by not responding to her request for assistance. The Union argued that it fulfilled its duty of fair representation and that Petitioner fails to state a claim. NYCHA argued that Petitioner's claim against the must fail because her underlying grievance is not meritorious. The Board found that Petitioner failed to allege a prima facie case against either party. Therefore, the improper practice petition was dismissed.

Petitioner alleged that the City and the FDNY violated
NYCCBL § 12-306(a}(l}, (4), and (5) by unilaterally changing the value of a day's
pay for disciplinary fines when the parties' collective bargaining agreements were
in status quo. The City argued that the Board lacks jurisdiction, the petition is
untimely, and that the value of a day's pay for disciplinary fines is not a mandatory
subject of bargaining. The Board found that it has jurisdiction over Petitioner's
claims and that the petition is timely. The Board also found that the value of a
day's pay for disciplinary fines is a mandatory subject of bargaining and that the
City violated NYCCBL § 12-306(a)(l), (4), and (5) when it changed its value
during the period when the parties' collective bargaining agreements were in status
quo. Accordingly, the petition was granted.


Petitioner alleged that the City and the FDNY violated
NYCCBL § 12-306(a}(l}, (4), and (5) by unilaterally changing the value of a day's
pay for disciplinary fines when the parties' collective bargaining agreements were
in status quo. The City argued that the Board lacks jurisdiction, the petition is
untimely, and that the value of a day's pay for disciplinary fines is not a mandatory
subject of bargaining. The Board found that it has jurisdiction over Petitioner's
claims and that the petition is timely. The Board also found that the value of a
day's pay for disciplinary fines is a mandatory subject of bargaining and that the
City violated NYCCBL § 12-306(a)(l), (4), and (5) when it changed its value
during the period when the parties' collective bargaining agreements were in status
quo. Accordingly, the petition was granted.


Based on the results of an election, the Board terminated Certification No. 25-74 and certified LEEBA as the exclusive bargaining representative for the Sanitation Enforcement Agent Bargaining Unit.

The Union sought to amend Certification No. 3-88 to add

the title Senior Auditor. HHC argued that the title should be excluded from

collective bargaining. The Board found that the employees in the title are eligible

for collective bargaining and added the title to the bargaining unit.

The City sought to delete vacant and obsolete titles from the Social Services bargaining unit, Certification No. 37-78. The Board amended the certification.

Petitioner argued that NYCHA retaliated against him in violation of NYCCBL § 12-306(a)(1) and (3) by withholding part of a Workers Compensation award and taking improper deductions from his paycheck related to that award. NYCHA argued that Petitioner's claims are untimely and that its actions were authorized by the Workers' Compensation award and the collective bargaining agreement. The Board found that Petitioner's claim was timely but did not establish a prima facie case of retaliation. Accordingly, the Board dismissed the improper practice petition.

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to fairly represent him in a disciplinary proceeding. Respondents argued that many of the claims raised by Petitioner were untimely and that the Union properly represented Petitioner. The Board dismissed some of Petitioner's claims as untimely and found that Petitioner's timely claims did not establish that the Union breached its duty of fair representation. Accordingly, the improper practice petition was dismissed.

The Union alleged that HHC violated NYCCBL §§ 12-306(a)(1), (a)(4), and (c)(4) by failing to comply with the Union's information request concerning the use of temporary employees. HHC argues that is has complied with the information request on a rolling basis and continues to do so, and that it is foreclosed from disclosing certain information due to non-disclosure agreements that it has signed. The Board found that HHC violated the NYCCBL by failing to promptly provide the information requested. Therefore, the improper practice petition was granted.

The PBA moved to defer or alternatively to dismiss the City's petition alleging that the PBA violated NYCCBL §§ 12-306(b)(2), (c)(1), and (c)(5) by challenging the implementation of the 2016 health benefits agreements between the City and the MLC. The PBA argued that the petition should be dismissed on the grounds that it is untimely, that it fails to state a claim, and/or because it cannot obtain due process before the Board. It further argued that the Board should defer consideration of the petition pending the outcome of a grievance and lawsuit that it filed. The City and the MLC opposed the deferral and the dismissal of the petition. The Board determined that the petition was timely filed and that it states a cause of action, that deferral of the petition is not appropriate, and that the PBA has not demonstrated that it is unable to obtain due process before the Board. Accordingly, the motion was denied.

Petitioner filed a pro se verified improper practice petition alleging that NYCHA violated § 12-306(a)(1) and (3) of the NYCCBL by unilaterally revoking his ability to perform a "split shift" schedule, in retaliation for his union activities. He also alleged that NYCHA's time and leave policies discriminated against and interfered with union activities. Petitioner further claimed that both Local 375 and DC 37 breached their duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to adequately represent him regarding this dispute with NYCHA. NYCHA argued that its policies do not provide for a split shift and that its action was not motivated by a desire to discourage Petitioner's union activity. The Union argued that it properly represented Petitioner and that there was no evidence that he was discriminated against. The Board found that Petitioner did not establish a prima facie case of discrimination against NYCHA and that its time and leave policies did not interfere with union activities. The Board further found that the claims against Local 375 were untimely and that the evidence did not establish that DC 37 acted in an arbitrary, discriminatory, or bad faith manner. Therefore, the improper practice petition was denied in its entirety.

HHC challenged the arbitrability of a grievance alleging a wrongful termination. HHC argued there was no nexus with the Agreement because its action was not disciplinary and its action was a proper exercise of its statutory management rights. The Board found that the Union established the requisite nexus. Accordingly, the petition challenging arbitrability was denied.

OSA sought to add the titles Strategic Initiative Specialist (NC-DOT), Strategic Initiative Specialist (NC-HRA), and Strategic Initiative Specialist (NC-DEP) to Certification No. 3-88. By agreement of the parties, the Board added the titles to the unit and designated two positions confidential.

LEEBA filed a petition to represent Sanitation Enforcement Officers and Associate Sanitation Enforcement Officers, currently represented by CWA. The City argued that, since the memorandum of agreement between the City and CWA was not ratified, the petition was untimely under the contract bar rule. In this interim decision, the Board found that LEEBA filed a timely petition supported by a sufficient showing of interest and ordered an election.

The City challenged the arbitrability of two grievances alleging that the FDNY violated the Agreement, Department Regulations, the EEO policy, and the First Amendment, when it selectively disciplined Grievant, deprived him of individual rights, and failed to follow proper procedures in connection with a disciplinary interview. The City argued that the Union submitted an invalid waiver because the claims were presented during an OATH trial. The City also argued that the Union failed to establish the requisite nexus between its claims and the Agreement. The Union alleged that its waivers were valid because OATH never considered its claims, and argued that it established the requisite nexus. The Board found that the waiver was invalid as to certain claims that were decided by OATH on their merits. Additionally, the Board found that a nexus existed as to the claims that were not waived. Accordingly, the FDNY's petition challenging arbitrability was granted in part and denied in part, and the Union's requests for arbitration were granted in part and denied in part.

The Union alleged that DEP retaliated against a provisional Construction Laborer in violation of NYCCBL § 12-306(a)(1) and (3) by not appointing him to permanent status. DEP argued that its decision not to grant permanent status was based upon his disciplinary record. The Board found that the union demonstrated prima facie evidence of retaliation. Nevertheless, the agency had legitimate business reasons for its decision. Therefore, the improper practice petition is dismissed.

The Union alleged that NYCHA violated NYCCBL §§ 12-306(a)(4) and 12-307(a) by unilaterally discontinuing the practice of providing two hours of excused time during the holiday season. NYCHA argued that there was no practice of granting such excused time. The Board found that NYCHA did maintain such a practice and that unilaterally discontinuing it violated the NYCCBL. Therefore, the improper practice petition was granted.

Petitioner argued that NYCHA violated NYCCBL § 12-306(a)(1) and (3) by removing job duties and transferring him in retaliation for filing an out-of-title grievance. NYCHA argued that Petitioner did not suffer an adverse employment action and that it had legitimate business reasons for the transfer. The Board found that the removal of the job duties was not an adverse employment action. The Board further found that Petitioner failed to establish a prima facie case of retaliation regarding his transfer. Accordingly, the Board dismissed the improper practice petition.

Petitioner alleged that the City violated NYCCBL § 12-306(a)(1), (4), and (5) when it unilaterally implemented minimum staffing overtime eligibility criteria for Marine Engineers, Pilots, and Wipers. The City argued that such eligibility criteria are nonmandatory subjects of bargaining; the FDNY has a managerial prerogative to assign overtime; and that its implementation was a de minimis change. The Board found that the criteria were mandatory subjects of bargaining; that their implementation was not a de minimis change; and that the City violated NYCCBL § 12-306(a)(1), (4), and (5) when it applied these criteria without negotiation during the period when the parties' collective bargaining agreements were in status quo. Accordingly, the petition was granted.

The City challenged the arbitrability of a grievance alleging that the DOT violated the collective bargaining agreement by restricting Grievant's work assignments and overtime opportunities. The City argued that the Union's claims were precluded by res judicata and that it failed to establish the requisite nexus between the subject of the grievance and the collective bargaining agreement. The Union argued that its claims were not precluded by res judicata and that a nexus existed. The Board found that the Union's waiver was invalid as to the claim seeking to confirm the arbitration award and that the Union's remaining claims are not precluded by res judicata. The Board also found that a nexus existed with respect to the wrongful discipline and restriction of overtime opportunities claims and that the parties' Agreement did not allow for the arbitration of past practices. Accordingly, the Board granted, in part, and denied, in part, the petition challenging arbitrability.

Joint certificate holders sought to add the title Apprentice (Painter) to the Painters bargaining unit, Certification No. 47-74. The Board added the title to the bargaining unit.

NOTICE OF VOLUNTARY RECOGNITION

Effective immediately, the City of New York has voluntarily recognized District Council 37 as the bargaining representative of the titles described below, and the Accounting and EDP bargaining unit, Certification No. 46D-75, has been amended to reflect this addition:

DATE OF FILING: August 18, 2016 DOCKET #: VR-1637-16

TITLES:

IT Automation and Monitoring Engineer (Title Code No. 06795)

IT Infrastructure Engineer (Title Code No. 06796)

IT Project Specialist (Title Code No. 06797)

IT Security Specialist (Title Code No. 06798)

IT Service Management Specialist (Title Code 06799)

Senior IT Architect (Title Code No. 06800)

OCB is excited to announce the continuation of its well-received training programs in dispute resolution and in practice and procedure before the OCB.In September and October, we are offering three free programs to interested agency and union labor relations staff.

Space in these programs is already filled, but if you would like to be on the wait list, send an email with your name, title, work location and a brief summary of your role in labor relations to zvalerio@ocb.nyc.gov.

The City sought to delete vacant and obsolete titles

from the Attorneys bargaining unit, Certification No. CWR-44/67. The

Board amended the certification.

LEEBA filed a petition to represent the School Safety/Traffic bargaining unit, represented by OSA. As the petition was timely and supported by a sufficient showing of interest, the Board conducted an election to ascertain the employees' wishes as to their union representation. Based on the results of the election, OSA remains the exclusive bargaining representative of the bargaining unit.

The City sought to amend DC 37's Certification

No. 46D-75 to add Certified IT Administrator (LAN/WAN) and delete

Certified IT Administrator (LAN) and Certified IT Administrator (WAN)

to reflect the reclassification of these titles. The Board amended the

certification.

The Unions claimed that the FDNY unilaterally

implemented a new procedure omitting certain FDNY employees from the

processing of 911 emergency calls without first bargaining, and the new procedure

has a practical impact on the safety of their employees. The Unions claimed that

the City*s failure to bargain over the alleviation of the impact violates the

NYCCBL. The City contended that the methods and technology by which it

provides its 911 response is within its prerogative and that there is no evidence of a

safety impact on the Unions‟ members. The Board found that the record did not

establish that changes to the call-taking system resulted in a safety impact and

dismissed the petition.

The City challenged the arbitrability of a grievance alleging that the City‟s failure to pay unit members the maximum salary rates violated the parties‟ Agreement. The City argued that payment of the maximum rate is not required by the Agreement or the MOA and does not constitute a grievable issue. It also argued that the Union failed to establish a nexus between the grievance and any provisions of the Agreement, or DOT‟s rules, regulations, or written policies. The Union contended that a nexus exists between its request and the salary provisions of the Agreement. The Board found that the Union established the requisite nexus. Accordingly, the petition challenging arbitrability was denied, and the request for arbitration was granted.

Petitioner argued that DOHMH retaliated against her for protected union activity in violation of NYCCBL § 12-306(a)(1) and (3) by disciplining her, denying her request for a transfer, and failing to honor her direct deposit request. The City argues that Petitioner has not established a prima facie case and that it has demonstrated legitimate business reasons for DOHMH‟s actions. The Board found that Petitioner has not established a prima facie case of retaliation. Accordingly, the improper practice petition was dismissed.

The City challenged the arbitrability of a grievance alleging that DHS violated the parties‟ collective bargaining agreement by refusing to provide the Grievant with Fridays off as a religious accommodation, rejecting a request for an alternative work schedule, and violating provisions regarding shift assignments. The City argued that the Union failed to establish the requisite nexus between the subject of the grievance and the collective bargaining agreement. The Board found that, with the exception of the EEO policy claim, a nexus existed as to the Union‟s claims. Accordingly, the Board granted, in part, and denied, in part, the City‟s petition challenging arbitrability.

Petitioner appealed the Determination of the Executive Secretary that dismissed his improper practice petition because it did not plead facts sufficient to establish a violation of the NYCCBL. Petitioner argued that the petition alleged facts sufficient to raise an inference that the Union breached its duty of fair representation. The Board found that the Executive Secretary properly deemed the charges in the petition insufficient, and denied the appeal.

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by not adequately representing her, including failing to file a grievance on her behalf. Respondents argued that some of the claims are untimely, that the Union properly represented Petitioner, and that Petitioner did not have disciplinary grievance rights because she was a provisional employee. The Board found that Petitioner‟s allegations do not establish that the Union violated the NYCCBL. Accordingly, the improper practice petition was dismissed.

NYCHA challenged the arbitrability of a grievance alleging that it violated the Citywide Agreement when it denied the Grievant compensation for overtime work performed. NYCHA argued that the Union failed to establish the requisite nexus between the grievance and Article IV of the Citywide Agreement because NYCHA is not a party to the Citywide Agreement. It further argued there is no nexus to the parties‟ Letter or Unit Agreements because they do not contain a provision for overtime. The Union argued that NYCHA elected to be bound by the Citywide Agreement and, furthermore, NYCHA‟s Rules set forth a requirement to pay overtime. Thus, the Union contended that it had established the requisite nexus. The Board found that the Union established the requisite nexus. Accordingly, NYCHA‟s petition challenging arbitrability was denied, and the Union‟s request for arbitration was granted.

The Union alleged that the City violated NYCCBL § 12-306(a)(1) and (3) by discharging a probationary employee in retaliation for requesting the assistance of her Union delegates. The City argued that the Union failed to present facts sufficient to state a prima facie case of retaliation and that the probationary employee was discharged for legitimate business reasons. The Board found that the Union proffered its prima facie case, but that the City refuted the causation prong and provided legitimate business reasons for its actions. Accordingly, the improper practice petition was dismissed.

The Union alleged that HHC violated NYCCBL § 12-306(a)(1), (4), and (5) by unilaterally changing employee compensation for working on holidays. HHC argued that the Union failed to demonstrate the existence of a practice because HHC did not have the requisite actual or constructive knowledge of the practice and that the supervisors at issue lacked the authority to bind HHC. The Board found that HHC had unilaterally changed doctor‟s compensation, a mandatory subject of bargaining. Therefore, the improper practice petition was granted. (

The Organization of Staff Analysts sought to add the title Junior Clinical Business Analyst to Certification No. 3-88. The Board added the title to the bargaining unit.

The Union alleged that the FDNY violated NYCCBL § 12-306(a)(1), (2), (4), and (5) when it modified radio frequencies located inside of fire engines and ladder trucks to permit certain employees to communicate directly with EMS dispatch. The Union claimed that this constituted a unilateral change in the FDNY's procedures and resulted in the transfer of bargaining unit work from its members to EMS dispatchers. The City argued that the FDNY had no obligation to bargain over the change, which was an exercise of its managerial rights under NYCCBL § 12-306(b) to determine the methods, means, and personnel by which its operations are to be conducted. The Board found that the FDNY did not make a unilateral change to a mandatory subject of bargaining. Accordingly, the petition was denied.

The Union alleged that HHC violated NYCCBL § 12-306(a)(1) and (3) by removing certain job duties from an employee and transferring her in retaliation for filing a grievance and serving as a shop steward. HHC argued that the removal of duties claim was untimely; that the alleged retaliatory acts were not motivated by the employee's union activities; and that it had legitimate business reasons for its actions. The Board found that the removal of duties claim was untimely. The Board also found that the Union proffered a prima facie case of retaliation, which was rebutted by HHC. Accordingly, the petition was dismissed.

The Union alleged that NYCHA violated NYCCBL § 12-306(a)(1) and (3) when it terminated a probationary employee in retaliation for engaging in protected union activity, including seeking union representation at a meeting and the filing of a grievance. NYCHA argued that the employee was terminated for legitimate business reasons and that the decision to terminate her was made before NYCHA was aware of the grievance. The Board found that the Union established its prima facie case but that NYCHA refuted the causation prong and provided legitimate business reasons for its actions. Therefore, the improper practice petition was dismissed.

Based on the results of an election, the Board amended OSA's Certification No. 3-88 to add the title Senior Consultant, Management Information Services, Levels I, II, and III.

In response to stipulations among the parties, the Board added the titles Administrative Director of Laboratory (Water Quality) (Non-Managerial), Administrative Project Director (HPD) (Non- Managerial), and Administrative Project Manager (Non-Managerial) to Certification No. 26-78.

The Union sought to amend Certification No. 55-70 to add the title Director of Motor Equipment Maintenance (Sanitation), contending that changed circumstances mandate that the Board re-evaluate the title and add it to the bargaining unit. The City argued that the title should remain excluded from collective bargaining as managerial. The Board held that the title is eligible for collective bargaining with the exception of the Deputy Commissioner for Support Services position that the parties agree is managerial.

In response to stipulations among the parties, the Board added the title Administrative Inspector (Electrical) to Certification No. 15-71 and the titles Administrative Architect, Administrative City Planner, Administrative Construction Project Manager, Administrative Engineer, Administrative Housing Development Specialist, Administrative Inspector (Buildings), Administrative Landmarks Preservationist, and Administrative Landscape Architect to Certification No. 26-78.

The City challenged the arbitrability of a grievance alleging that DOC violated the parties‟ collective bargaining agreement when it failed to pay Grievant the appropriate rate and provide other benefits after a separation from service. The City argued that the request for arbitration must be denied because the Union has not established the requisite nexus to the Agreement. The City further argued that the Union is seeking to arbitrate DOC‟s application of the Civil Service Law, which it contends is not grievable nor within the jurisdiction of the Board. The Board found that the Union had established the requisite nexus to the Agreement and was not seeking to arbitrate the Civil Service Law. Accordingly, the petition challenging arbitrability was denied, and the request for arbitration was granted.

Dear Senior Consultant, MIS:

An election by secret electronic ballot is being conducted by the Board of Certification among
individuals in the titles of Senior Consultant, Management Information Services, Levels I, II, and
III employed by the New York City Health and Hospitals Corporation ("HHC") to determine your
representative for the purposes of collective bargaining.

As a result of a post office error, the voting materials previously sent to you were not delivered
in a timely manner. To ensure that you have an opportunity to vote, the election is being extended
to November 2, 2015 (2 pm). If you already voted, you do not need to vote again. Your previous vote
will be counted.

ELIGIBILITY TO VOTE:

Voter eligibility has remained the same. Employees in the titles of Senior Consultant,
Management Information Services, Levels I, II, and III, who were employed by HHC during the payroll
period ending June 27, 2015, and who are still employed on September 30, 2015 will be eligible to
vote, including employees who did not work during this period because of illness, vacation, or
temporary leave.

VOTING:

A second set of instructions will be mailed to eligible voters indicating that the voting period
for the election has been extended until November 2, 2015 at 2:00 PM. You may vote via computer,
mobile device, or by telephone anytime until November 2, 2015 at 2:00 PM ET. You may not change
your vote after you have submitted it. The Ballot Tally will be held on November 2,
2015 at 3:00 PM ET at the Office of Collective Bargaining. Designated representatives of all
interested parties may be present at this time.

If you did not receive your voting instructions and access code and you believe you are an
eligible voter, you should contact the Office of Collective Bargaining at (212) 306-7160 no later
than November 1, 2015.

Click Read More for further instructions.

LEEBA filed a petition to represent the Inspectors (Highway & Sewers) bargaining unit, represented by Local 1042. As the petition was timely and supported by a sufficient showing of interest, the Board conducted an election to ascertain the employees' wishes as to their union representation. Based on the results of the election, the Board terminated Certification No. 10-77 and certified LEEBA as the exclusive bargaining representative of the bargaining unit.


(Rep) (Docket Nos. RE-178-07, RU-1249-05, RU-1250-05, RU-1255-08, and AC-36-07).

Summary of Decision: Based on the results of a mail ballot election, the Board certified Local 237
as the exclusive bargaining representative of the unit of Taxi and Limousine Inspectors and Special
Officers created in DC 37, 7 OCB2d 1 (BOC 2014).

We are pleased to welcome our new General Counsel Steven Star, and Deputy Chair for Dispute Resolution Monu Singh to our staff! Steven Star joins OCB from the law firm Meyer, Suozzi, English and Klein where he was a partner representing public and private sector unions. Monu Singh was previously Director of Labor Relations for the MTA- Long Island Rail Road. You can read more about them under the About tab on the website.

The Union sought to amend Certification No. 3-88 to add the titles Program Manager, Training and Development, Levels I and II; Assistant Director of Workforce Training and Development Managerial Pay Plan II and III; and Director of Workforce Training and Staff Development. HHC argued that the titles were excluded from collective bargaining. The Board found that the employees in the titles are eligible for collective bargaining and appropriately added to Certification No. 3-88.

We are pleased to announce the launch of our new website. We have completely redesigned our website. Starting with our users' needs in mind, we've focused on making the site easier to navigate, more interactive, while providing greater resources to you.

For all users, our new site includes features such as:

-A cleaner, more user-friendly interface

-Improved navigation with quick links to dive deep into the web site directly from the home page

-A new "Research" tab which includes a full range of user resources

-A vastly improved, Google-like search function so you can find that case you need ASAP, using natural language

-A fully-responsive design, suitable for the device and screen size of your choosing

-Improved content, such as a handy list of Helpful Links to assist you in finding the correct agency to address employment-related issues

For our arbitrators, we offer a newly-created login area just for you. Once you login to a secure area, you will be able to:

1) View and edit the resume you have on file here at OCB

2) View the OCB arbitration calendar to see when you have a case scheduled

Of course, the launch of our new site is just the starting point. We will be continuing to improve the content, features and resources available in the near and distant future.

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by not properly representing her regarding a transfer request. The Union asserted that some of Petitioner's claims are untimely, that it acted reasonably and in good faith, and that it did not act in a discriminatory or bad faith manner. Additionally, Respondents argued that Petitioner failed to establish a prima facie claim of a violation of the NYCCBL or to allege facts sufficient to demonstrate that the Union breached its duty of fair representation. The Board found that Petitioner's timely allegations do not establish that the Union acted in an arbitrary, discriminatory, or bad faith manner. Therefore, the petition was denied.

Petitioner alleged that the City's inspection and review of his home septic system and its failure to address his request for a pay differential violated NYCCBL § 12-306(a)(1) and (4). Petitioner also alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by treating members who work outside of the City limits differently than those who work within the City and by not adequately representing him in securing a pay differential and in a grievance. The Board found that Petitioner's timely allegations did not establish a violation of the NYCCBL. Therefore, the improper practice petition was denied.

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b) by failing to adequately address his requests for assistance regarding counseling memos and an unsatisfactory performance evaluation that resulted in his termination. Respondents argued that the Union did not breach its duty of fair representation because Petitioner was terminated during his probationary period and the Union was responsive to Petitioner's requests for assistance, secured a transfer offer for him that he refused, and could not otherwise appeal his termination. The Board found that Petitioner's allegations do not establish that the Union acted in an arbitrary, discriminatory, or bad faith manner. Therefore, the improper practice petition was denied.

Petitioner alleges that the City retaliated against him in violation of NYCCBL § 12-306(a)(1) and (3) and that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b). Respondents argued that Petitioner's claims are untimely and, in the alternative, that Petitioner fails to state a claim. The Board found that some of Petitioner's allegations are untimely, and that Petitioner's timely allegations do not state facts that would establish claims under the NYCCBL. Therefore, the improper practice petition is dismissed.

HHC PBA filed a petition to represent the Special Officer titles employed by HHC in a separate bargaining unit. HHC PBA argued that HHC Special Officers should be fragmented from their current bargaining unit, because they perform "police-like functions" and have a conflict of interest with other titles in the bargaining unit. Respondents argued that the exception to the Board's traditional policy against fragmentation applies only to titles that are defined as "police officers" under the New York Criminal Procedure Law and not "peace officers." Furthermore, Respondents argued that the HHC Special Officers' unit placement remains appropriate. The Board found that the HHC Special Officers' primary duty is providing hospital security and not the prevention and detection of crime and the enforcement of the general laws of the state. Therefore, the HHC Special Officers' placement in their current unit remained appropriate. Accordingly, the petition was dismissed.

OSA petitioned to add the title Senior Consultant,
Management Information Services to its bargaining unit. DC 37 intervened and sought to add the
title to its bargaining unit. HHC argued that SC/MISs are excluded from collective bargaining
because they are managerial and/or confidential under Taylor Law § 201.7(a) and in the alternative,
HHC Act § 7385(11). The Board held that the HHC Act and the NYCCBL are consistent in mandating the
application of Taylor Law § 201.7(a) to HHC employees to determine their eligibility for collective
bargaining. The Board found that the SC/MIS title was eligible for collective bargaining and that
either bargaining unit is appropriate. The Board directed an election to ascertain the wishes of
the employees as to their union representation.