PBA, 18 OCB2d 15 (BCB 2025)
The Union alleged that the NYPD violated NYCCBL § 12- 306(a)(1) and (4) by unilaterally promulgating Operations Order 52 of 2023 regarding the ingestion of anabolic steroids, human growth hormones, and nutritional supplements. The City argued that the order did not change any term or condition of employment. The City further argued that it had no duty to bargain because the order was issued pursuant to the Police Commissioner’s statutory disciplinary authority. The Board found that the order changed various rules governing prescriptions for steroids, human growth hormones, and other prohibited substances, which are mandatorily bargainable. However, it found that the order did not materially change nutritional supplement policies. Accordingly, the petition was granted in part and denied in part.