DC 37, Locals 508 and 461, 16 OCB2d 20 (BCB 2023)
Petitioner appealed a portion of the determination of the Executive Secretary of the Board of Collective Bargaining, which dismissed as untimely a NYCCBL §12-306(a)(3) claim made on behalf of the Local 508 Treasurer. Petitioner argued that it had identified discrete, specific instances of the adverse action against the Local 508 Treasurer that occurred within the statutory time period. The Board found that Petitioner pled a timely cause of action, but deferred to arbitration the factual question of whether DPR violated the contract by assigning Rodriguez out-of-title duties. The Board retained jurisdiction over the retaliation issue in the event it remains unresolved following arbitration.