Atlantic Maritime Group, 16 OCB2d 15 (BCB 2023)
The Union claimed that DOT violated NYCCBL § 12-306(a)(1) and (3) when it terminated a Shop Steward during his probationary period in retaliation for union activity. The City argued that the Shop Steward was not terminated for his union activity, but rather for his lateness and poor work performance. The Board found that the Union established a prima facie case of retaliation and that DOT did not rebut the prima facie case or establish a legitimate business reason for terminating the Shop Steward. Accordingly, the petition was granted.