DC 37, L. 2507, 11 OCB2d 18 (BCB 2018)
The Union claimed that the FDNY violated NYCCBL § 12-306(a)(1) and (3) when it removed a Union official from its Ceremonial Unit in retaliation for his testimony at a meeting of the State Emergency Medical Services Council. The City argued that the official’s testimony at the meeting did not constitute protected union activity. It further argued that he was not removed from the Ceremonial Unit for the ideas he expressed at the meeting, but because of the language he used in expressing these ideas, which violated the Ceremonial Unit’s code of conduct. Therefore, the City contends that it had a legitimate business reason for its action. The Board found that the Union official’s testimony constituted protected union activity and that the FDNY’s proffered legitimate business reason for removing him from the Ceremonial Unit based on his testimony was pretext for retaliation. Accordingly, the petition was granted.