SSEU, 14 OCB2d 20 (BCB 2021)
The Union claimed that NYCHA’s refusal to bargain over its decision to deny two Union representatives excused paid leave to attend trustee meetings of the Union-run Charles Ensley Foundation represented a unilateral change to a mandatory subject of bargaining in violation of NYCCBL §§ 12-306(a)(4) and 12-307(a). NYCHA argued that the Union failed to demonstrate the existence of a past practice on which to base its claim. The Board found that the Union had proven the existence of a past practice of providing two Union representatives excused paid leave to attend Foundation meetings and that NYCHA had made a unilateral change to that practice. Accordingly, the petition was granted.