COBA, 11 OCB2d 17 (BCB 2018)
The Union alleged that the DOC violated NYCCBL § 12-306(a)(1) and (4) by changing the role of seniority in awarding job assignments within a command by requiring the consideration of use of force incidents over the prior five years and by requiring training for certain posts that many experienced COs lack. The Union further alleged that the DOC unilaterally added a review of a CO’s current assignment to a Special Assignment Post after the CO is involved in a use of force incident. The City argued that the petition should be dismissed because determining qualifications and required training for an assignment are managerial prerogatives. The City further argued that the role of seniority in awarding assignments has not changed, there are no new training prerequisites, and any changes are de minimis. After a hearing, the Board found that the DOC had not changed the role of seniority, use of force history, or training in the awarding of job assignments and that the changes at issue were managerial prerogatives. Accordingly, the petition was dismissed.