The Union alleged that the FDNY violated NYCCBL § 12-306(a)(1) and (3) by retaliating against two EMS Lieutenants for engaging in protected union activity and that its actions independently violated NYCCBL § 12-306(a)(1). The City maintained that there is no evidence that protected activity was a motivating factor in the FDNY’s decisions and that the FDNY’s actions were taken for legitimate business reasons. The Board found that the FDNY did not violate the NYCCBL by formally disciplining one Lieutenant but that additional actions were taken in retaliation for his union activity. In addition, the FDNY independently violated NYCCBL § 12-306(a)(1) by conditioning his disciplinary penalty on the withdrawal of pending statutory and contractual claims. Regarding the other Lieutenant, the Board found that the FDNY retaliated against him for his union activity when it authorized an employee who had threatened him to work at the same station, but not when it temporarily transferred him to another station. Accordingly, the petition was granted in part and denied in part.

11-OCB2d-35-BCB-2018-RMs.pdf