Boonmalert, 12 OCB2d 36 (BCB 2019)
Petitioner claimed that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) when it failed to properly represent him regarding two grievances alleging that he was performing out-of-title work. The Union and the City separately argued that one of Petitioner’s claims is time-barred and that the Union did not breach its duty of fair representation in regard to either grievance. The Board found that Petitioner’s allegation regarding the first grievance was untimely and that his timely allegation regarding the second grievance did not establish that the Union breached its duty of fair representation. Accordingly, the petition was denied.