The NYC Office of Collective Bargaining (OCB) is an impartial, tri-partite government agency that administers the New York City Collective Bargaining Law (NYCCBL). The NYCCBL gives OCB and its two Boards, the Board of Collective Bargaining and the Board of Certification, the authority to determine improper practice claims and representation petitions.
Which employees are covered by the NYCCBL?
Employees subject to the NYCCBL are those employed by either a New York City municipal agency (which includes but is not limited to all mayoral agencies) or any of the following public employers who are covered by the NYCCBL the NYC Health and Hospitals Corporation, the NYC Housing Authority, the Board of Elections, the Comptroller, the Borough Presidents, the District Attorney's Offices and the Public Administrators for each borough. Click here for a list of agencies covered by the NYCCBL.
Employees employed by the following New York City public employers are NOT subject to the NYCCBL and fall outside the jurisdiction of the OCB: the NYC Department of Education, the NYC Transit Authority, the Metropolitan Transit Authority and the Port Authority of New York/New Jersey. For helpful links to other agencies and a summary of their jurisdictions, click here.
What is an Improper Practice?
The NYCCBL defines certain improper practices by employers and/or unions. For example, it is an improper practice for an employer covered by the NYCCBL (or its agents) to discriminate or retaliate against an employee because they form, join or assist a union.In addition, it is an improper practice for a union to breach its duty to fairly represent employees in its bargaining unit.In order to fully understand the types of activity protected by the NYCCBL, refer to the statute NYCCBL and the cases that interpret the law. Search or Cases
Under the NYCCBL, discrimination and retaliation have a more limited meaning than under some other local, state and federal non-discrimination laws. The practices or conduct that the NYCCBL prohibits is limited and does not include all complaints against employers or unions.For more information on whether you have an issue that OCB has the authority to address and how to file an improper practice petition with OCB, refer to the Guide for Improper Practice Petitions, or call or write the OCB Pro Se Officer at 212-306-7160 or firstname.lastname@example.org.
What is a representation petition?
Employees who work for an employer covered by the NYCCBL can file representation petitions with OCB to request representation by a labor union, or to change or eliminate the union that represents a bargaining unit. Petitions can also be filed by unions and employers to create, modify or decertify a bargaining unit.Click here for a description of various types of petitions. In most representation cases, the Board of Certification will investigate whether the employees are eligible for collective bargaining and/or whether the requested bargaining unit is appropriate.Public employees are presumed eligible for collective bargaining; they are ineligible only if the Board of Certification determines that they are managerial and/or confidential. Click here for NYCCBL definitions of managerial and confidential. Many petitions must be filed within a precise window period prior to the expiration of a collective bargaining agreement and/or require a showing of interest among the affected employees. For more information on whether a representation petition can be filed and/or how to properly file a representation petition with OCB refer to the Guide for Representation Petitions , or call or write the Director of Representation at 212-306-7160 or email@example.com.
If you have a question concerning discrimination unrelated to union activity, contact the
NYC Commission on Human Rights, 212-306-7560, 100 Gold Street, Suite 4600New York, NY 10038, www.nyc.gov
This agency administers the NYC Human Rights Law that prohibits discrimination against a wide range of persons including employees and tenants.The law prohibits discrimination or retaliation based on race, color, national origin, religion, sex, disability, marital status, religious observance, arrest, conviction, genetic predisposition, and sexual orientation and gender identity, citizenship or alien status, and victims of domestic violence.It also enforces the NYC Sick Leave law.The agency has jurisdiction over employees of NYC, those seeking employment with NYC, and those who are perceived to have the protected characteristics.
For questions about minimum wage, overtime, breaks, and other pay issues for some public sector employees in NYS and private sector employees, contact the
NYS Department of Labor, Division of Labor Standards, 518-457-9000, www.labor.ny.gov
If you are a NYC employee and have questions about your pension, contact
NYCERS at 347-643-3000, 335 Adams Street, Suite 2300 Brooklyn NY 11201, www.nycers.org
For answers to questions about collective bargaining agreements or other benefits for employees of NYC, go to http://www1.nyc.gov/site/olr/index.page