COBA, 10 OCB2d 21 (BCB 2017)
The Union alleged that DOC unilaterally amended an agency directive to establish new work rules that are mandatory subjects of bargaining, in violation of NYCCBL § 12-306(a)(1) and (4). It further alleged that the amendments are material changes that result in safety and workload impacts and expose bargaining unit members to discipline. The City argued that it amended the directive pursuant to its rights under NYCCBL § 12-307(b) and that the revisions are de minimus. It contended that the Union failed to offer sufficient details to support a claim that DOC’s action results in a safety or workload impact on bargaining unit members. The Board held that the amendments do not result in any changes to a mandatory subject of bargaining. It further held that the facts pleaded were insufficient to support a claim of practical impact on bargaining unit members. Accordingly, the petition was dismissed.