The Union alleged that the NYPD violated NYCCBL § 12-306(a)(1) and (4) by unilaterally implementing new procedures for appointing Commanding Officers. It further alleged that the new appointment procedures have a practical impact on its bargaining unit members’ terms and conditions of employment, including workload. The City argued that the selection process for Commanding Officers is not a mandatory subject of bargaining. It also argued that the Union failed to establish a practical impact. The Board found that the decision to require a new panel interview and community meeting was not a mandatory subject of bargaining, but that the procedures relating to the panel interview and community meeting that affect terms and conditions of employment were mandatorily bargainable. It found that all other changes to the Commanding Officer selection process were non-bargainable. Further, it found that the pleadings did not allege facts sufficient to warrant a hearing on practical impact. Accordingly, the improper practice portion of the petition was denied, and the scope of bargaining portion of the petition was granted only as to procedures relating to the panel interview and community meeting.

16-OCB2d-9-BCB-2023.pdf