Fernandes, 8 OCB2d 21 (BCB 2015)

Petitioner alleges that the City retaliated against him in violation of NYCCBL § 12-306(a)(1) and (3) and that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b). Respondents argued that Petitioner's claims are untimely and, in the alternative, that Petitioner fails to state a claim. The Board found that some of Petitioner's allegations are untimely, and that Petitioner's timely allegations do not state facts that would establish claims under the NYCCBL. Therefore, the improper practice petition is dismissed.