PBA, 11 OCB2d 37 (BCB 2018)

Petitioner alleged that the Police Department violated NYCCBL § 12-306(a)(1), (4), and (5) by unilaterally promulgating Operations Order 54, which provides that officers on Modified Assignment may not earn overtime compensation. The City argues that it has no duty to bargain because the Operations Order was issued pursuant to the Police Commissioner’s exclusive authority over discipline. The Board found that the Police Department violated the NYCCBL because the Operations Order pertains to the distribution of overtime, which is a mandatory subject of bargaining. Therefore, the improper practice petition was granted.

11-OCB2d-37-BCB-2018-4jQ.pdf