Local 1180, CWA, 8 OCB2d 36 (BCB 2015)

The Union alleged that HHC violated NYCCBL § 12-306(a)(1) and (3) by removing certain job duties from an employee and transferring her in retaliation for filing a grievance and serving as a shop steward. HHC argued that the removal of duties claim was untimely; that the alleged retaliatory acts were not motivated by the employee's union activities; and that it had legitimate business reasons for its actions. The Board found that the removal of duties claim was untimely. The Board also found that the Union proffered a prima facie case of retaliation, which was rebutted by HHC. Accordingly, the petition was dismissed.