Kaba, 19 OCB2d 1 (BCB 2026)

Petitioner, pro se, claimed that the Union breached its duty of fair representation in violation of NYCCBL ยง 12-306(b)(3) by failing to file a grievance regarding her termination. The Union argued that it did not breach its duty of fair representation because Petitioner was a provisional employee who did not have disciplinary grievance rights. HHC also argued that the Union did not breach its duty of fair representation. The Board found that the petition did not establish that the Union breached its duty of fair representation. Accordingly, the petition was dismissed.

19-OCB2d-1-BCB-2026.pdf