Petitioner alleged that the City Council violated NYCCBL § 12-306(a)(1) and (3) by terminating her in retaliation for attempting to negotiate changes to a compressed time program with management on behalf of her colleagues. The City argued that individual actions that are not union-sponsored are not protected under the NYCCBL and that Petitioner was terminated legitimately for insubordination. Although Petitioner may have been engaged in concerted activity, the Board found that she was not engaged in protected union activity and, therefore, failed to establish a prima facie case of retaliation. Accordingly, the petition was dismissed.

18-OCB2d-17-BCB-2025.pdf