DSA, 17 OCB2d 8 (BCB 2024
The Union claimed that the City and DOF violated NYCCBL § 12-306(a)(1), (4), and (5) when DOF unilaterally implemented a new procedure for Deputy Sheriffs and Supervising Deputy Sheriffs to utilize annual leave. The City argues that the Union has failed to demonstrate a change that would trigger a duty to bargain under NYCCBL § 12-306(a)(4). Moreover, the City avers that the procedure for selecting annual leave fits within the City’s managerial right to determine the means and methods by which government operations are conducted. As a result, the City claims it has no duty under NYCCBL § 12-306(a)(4) to bargain over the alleged change. The Board found that procedures for requesting, and use of annual leave is a mandatory subject of bargaining and that DOF violated the duty to bargain in good faith by unilaterally changing it. Accordingly, the petition is granted.