PBA, 9 OCB2d 32 (BCB 2016)
The PBA moved to defer or alternatively to dismiss the City's petition alleging that the PBA violated NYCCBL §§ 12-306(b)(2), (c)(1), and (c)(5) by challenging the implementation of the 2016 health benefits agreements between the City and the MLC. The PBA argued that the petition should be dismissed on the grounds that it is untimely, that it fails to state a claim, and/or because it cannot obtain due process before the Board. It further argued that the Board should defer consideration of the petition pending the outcome of a grievance and lawsuit that it filed. The City and the MLC opposed the deferral and the dismissal of the petition. The Board determined that the petition was timely filed and that it states a cause of action, that deferral of the petition is not appropriate, and that the PBA has not demonstrated that it is unable to obtain due process before the Board. Accordingly, the motion was denied.