Gonzalez, 10 OCB2d 20 (BCB 2017)
Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to pursue his termination to arbitration and not challenging the City’s failure to provide him with informal conferences on five disciplinary charges or to adhere to the time limits of the contractual grievance procedure. The City argued that his claims were untimely. The City and the Union also argued that Petitioner failed to state a claim for a breach of the duty of fair representation. The Board dismissed some of Petitioner’s claims as untimely and found that Petitioner’s timely claims did not establish that the Union breached its duty of fair representation. Accordingly, the improper practice petition was dismissed.