New York City Deputy Sheriffs Association, 14 OCB2d 9 (BCB 2021)
The Union alleged that the DOF violated NYCCBL § 12-306(a)(1) and (4) by refusing to bargain over the assignment of duties to Deputy Sheriffs associated with the New York State Bail Reform Law’s Electronic Monitoring Program and the resulting practical impact. The City argued that the assignment of such duties is not a mandatory subject of bargaining. It also argued that any practical impact claim is premature, but to the extent that the Board considers the instant claim as a scope of bargaining petition, the Union failed to establish a practical impact. The Board found that the assignment of Electronic Monitoring Program duties to Deputy Sheriffs was not a mandatory subject of bargaining. Further, it found that the pleadings did not allege facts sufficient to warrant a hearing on practical impact. Accordingly, the petition was dismissed in its entirety.