Irrera, 17 OCB2d 9 (BCB 2024)
Petitioner filed an improper practice petition alleging that she did not receive correct holiday pay and that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by its handling of the complaint. Respondents claimed that the petition was untimely filed. The Union also argued that it promptly answered Petitioner’s inquiries about the grievance and has properly exercised its discretion in handling its group grievance over holiday pay. The City also argued that the Board should defer this matter to the arbitration procedure. The Board found that the petition was untimely, that the Union did not breach its duty of fair representation, and that deferral was inappropriate. Accordingly, the petition was dismissed.