OSA, 11 OCB2d 40 (BCB 2018)

Petitioners alleged that HHC terminated an employee in retaliation for her participation in a union organizing campaign in violation of NYCCBL § 12-306(a)(1) and (3). In its pleadings, HHC requested dismissal of the petition on the grounds that neither the Union nor the employee has standing to file the instant claim. Petitioners argue that both a public employee and a public employee organization have standing to file petitions. The Board found that the Union has standing and that it need not determine the employee’s standing at this time. Therefore, we decline to dismiss the petition and refer the matter to the Trial Examiner for further processing.

11-OCB2d-40-BCB-2018-I1U.pdf