PBA, 12 OCB2d 21 (BCB 2019)
The City alleged that the PBA violated NYCCBL § 12-306(b)(2) and (c)(1) when it refused to bargain in good faith over health benefits during negotiations for a successor collective bargaining agreement. The PBA filed a motion to dismiss and argued that the Board lacks jurisdiction over the petition, that the petition is untimely and moot, and that the City waived its right to the relief it seeks. The City opposed the dismissal of the petition. The Board determined that it had jurisdiction over the petition, which was timely filed. It further found that the City’s claim was neither moot nor waived. Accordingly, the motion was denied.