The Union alleged that DOHMH violated NYCCBL § (a)(1), (4), and (5) by unilaterally increasing the duration of on-call assignments and removing the option to work on-site while the City and Union were negotiating a new contract. The Union claimed that the change affected the number of hours worked and the length of the workday and was thus a mandatory subject of bargaining. The City argued that the alleged change was merely a reversion to a longstanding policy and thus that any complaint regarding the policy is time-barred. Further, the City contended that the policy was within DOHMH’s managerial prerogatives and that the Union had not demonstrated a practical impact that would require bargaining. The Board found that the petition was timely but that the on-call program at issue did not alter or extend the hours of employees’ workday or workweek. Accordingly, it did not find a change to a mandatory subject of bargaining and denied the petition.

18-OCB2d-12-BCB-2025.pdf