MEBA, 15 OCB2d 25 (BCB 2022)
The Union claimed that DOT violated NYCCBL § 12-306(a)(1) and (3) when it demoted a Union Shop Steward serving provisionally as a ferry boat Captain and rescinded a practice of paying employees for trainings attended on their day off in retaliation for union activity. The City argued that the Captain was not demoted because of his union activity, but rather for DOT rule violations which led to a loss in confidence in his ability to safely perform his duties. The Board found that the Union established a prima facie case as to both of its claims and that DOT did not establish legitimate business reasons to justify its decision not to pay employees for attendance at a training or for the demotion. Accordingly, the petition was granted.