Local 376, DC 37, 9 OCB2d 21 (BCB 2016)
The Union alleged that DEP retaliated against a provisional Construction Laborer in violation of NYCCBL § 12-306(a)(1) and (3) by not appointing him to permanent status. DEP argued that its decision not to grant permanent status was based upon his disciplinary record. The Board found that the union demonstrated prima facie evidence of retaliation. Nevertheless, the agency had legitimate business reasons for its decision. Therefore, the improper practice petition is dismissed.