Huo, 16 OCB2d 22 (BCB 2023)
Petitioner alleged that HHC violated NYCCBL § 12-306(a)(1) and (3) when it terminated his employment in retaliation for requesting that a Union representative be present at a supervisory meeting. HHC claimed that Petitioner, a probationary employee, failed to allege a prima facie case of retaliation and that it terminated him for poor work performance. The Board found that a prima facie case was not established because Petitioner did not plead facts to show that his union activity was a motivating factor in HHC’s decision to terminate him. Accordingly, the Board denied the petition.