COBA, 11 OCB2d 33 (BCB 2018)
The Union alleged that the DOC violated NYCCBL § 12-306(a)(1) and (4) when it unilaterally established new rules pertaining to promotion from the competitive civil service position of Correction Officer to the civil service position of Correction Captain. The City argued that that there has been no substantive change to the way in which the DOC evaluates and considers Correction Officers for promotion to Captain because it has always considered the employee’s past discipline and Use of Force history. It further argued that, to the extent the Board did find a change, any change was de minimis and not a mandatory subject of bargaining. Finally, the City argued that bargaining over the subject was precluded by public policy, because any change was made as a result of a federal court consent decree. The Board found that the DOC did not make a unilateral change to a mandatory subject of bargaining. Accordingly, the petition was denied.