Johnson, 8 OCB2d 24 (BCB 2015)

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by not properly representing her regarding a transfer request. The Union asserted that some of Petitioner's claims are untimely, that it acted reasonably and in good faith, and that it did not act in a discriminatory or bad faith manner. Additionally, Respondents argued that Petitioner failed to establish a prima facie claim of a violation of the NYCCBL or to allege facts sufficient to demonstrate that the Union breached its duty of fair representation. The Board found that Petitioner's timely allegations do not establish that the Union acted in an arbitrary, discriminatory, or bad faith manner. Therefore, the petition was denied.