Petitioner filed a pro se improper practice petition alleging that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by not processing her out-of-title grievance in a timely manner and by not informing her of the grievance’s progress. The Union argued that it filed an out-of-title grievance on Petitioner’s behalf and that her dissatisfaction with the speed with which the grievance was being processed or with the Union’s communications with her could not support a claim for breach of the duty of fair representation. The Union stated that its actions were not discriminatory, arbitrary, or taken in bad faith. The City argued that Petitioner failed to state a cause of action under NYCCBL § 12-306(b)(3) and that, therefore, any derivative claim against it pursuant to NYCCBL § 12-306(d) must also fail. The Board found that the Union did not breach its duty of fair representation. Accordingly, the petition was dismissed.

19-OCB2d-6-BCB-2026.pdf