Clare, 18 OCB2d 13 (BCB 2025)
Petitioner, pro se, alleged that the City violated NYCCBL § 12-306(a)(1) and (3) by terminating him in retaliation for scheduling issues related to paid family leave. Petitioner also alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to appeal his termination, neglecting to adequately communicate with him, and not following up with him regarding the reason for his termination. The City argued that Petitioner, a probationary employee, failed to allege a prima facie case of retaliation and was terminated legitimately for cause. The Union and the City separately argued that the Union did not breach its duty of fair representation. The Board found that Petitioner failed to establish a prima facie case of retaliation for union activity and that the Union did not breach its duty of fair representation. Accordingly, the petition was dismissed.