COBA, 11 OCB2d 9 (BCB 2018)
The Union alleged that the DOC violated NYCCBL § 12-306(a)(1), (4), and (5) by hiring a private company to provide training that was historically performed by its bargaining unit without prior bargaining. The Union further alleged that the training at issue and the use of a weapon not previously used by the DOC had safety impacts and created new risks of discipline for its members. The City argued that the petition should be dismissed as moot since the DOC no longer retains the company or uses the weapon. The City further argues that the Union has not demonstrated that the training at issue was exclusively performed by the bargaining unit or had any practical impacts. After a hearing, the Board found that the training at issue was not exclusively performed by the bargaining unit. The Board further found that there were no practical impacts on safety or discipline because the DOC does not use the tactics or the weapon at issue. Accordingly, the petition was denied.