The Union alleged that the City and OATH violated NYCCBL § 12-306(a)(1) and (4) by failing to bargain over changes it made to working conditions of Hearing Officers (Per Session) following the shift to remote work due to the COVID-19 pandemic and, to the extent they are not mandatory subjects of bargaining, the practical impact of those changes. Additionally, the Union alleged that the City and OATH violated NYCCBL § 12-306(c)(4) by refusing to provide information relevant to claims within the scope of bargaining. The City argued that OATH’s decision to assign Hearing Officers to remote work during the COVID-19 pandemic and the resulting working conditions fall squarely within the City’s management rights under the NYCCBL. The Board found that the City and OATH failed to bargain in good faith on issues of payment and reimbursement for equipment required to work remotely, changes to lunch breaks and the number of days per week a HOPS must work, and a workload impact. In addition, it found that the City and OATH failed to provide information the Union requested relating to workplace health and safety. In all other respects, the Board found that the City and OATH did not violate NYCCBL § 12-306(a)(1) and (4). Accordingly, the petition was granted in part and denied in part.

16-OCB2d-14-BCB-2023-gdw.pdf16-OCB2d-14-BCB-2023-pMY.pdf