Petitioners alleged that the DOC violated the NYCCBL by unilaterally implementing the terms of a consent judgment and a use of force directive and failing to negotiate over the practical impact on unit members’ safety, workload, and discipline. In addition, COBA alleged that the DOC engaged in direct dealing and failed to provide requested information. The City argued the directive did not materially change existing policies, that any changes are nonmandatory because they are either managerial prerogatives or required by the consent judgment, and that the record does not support finding a practical impact on uniformed staff. Further, the City denied that it engaged in direct dealing or failed to provide information. After a hearing, the Board found that the Consent Judgment and directive are not mandatory subjects of bargaining, a practical impact on terms and conditions of employment was not demonstrated, and the City did not engage in direct dealing or fail to provide information. Accordingly, the petition was dismissed.

14-OCB2d-10-BCB-2021.pdf