McNeil, 10 OCB2d 8 (BCB 2017)
Petitioner alleged that NYCHA retaliated against her in violation of NYCCBL § 12-306(a)(1) and (3) by improperly disciplining her and that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b) by not responding to her request for assistance. The Union argued that it fulfilled its duty of fair representation and that Petitioner fails to state a claim. NYCHA argued that Petitioner's claim against the must fail because her underlying grievance is not meritorious. The Board found that Petitioner failed to allege a prima facie case against either party. Therefore, the improper practice petition was dismissed.