COBA, 12 OCB2d 28 (BCB 2019)

The Union argued that the DOC unilaterally changed its uniform policy after some of its members had purchased uniform items that are now not permissible to wear at work. The City argued that determining the uniform policy is a managerial right under NYCCBL § 12-307(b) and that the Union’s claims of practical impact are vague and speculative. The Board found that the determination of required uniforms is a managerial prerogative. However, the Board found that to the extent some employees purchased cargo pants that they can no longer wear in reliance on the prior uniform policy, the mid-term change impacted their uniform allowance, a mandatory subject of bargaining. Accordingly, the petition was granted, in part, and denied, in part.

12-OCB2d-28-BCB-2019.pdf