Petitioner alleged that the DOC violated the NYCCBL by failing to bargain over the terms of a remedial consent order and its practical impact on unit members’ safety, workload, and discipline. The City moved to dismiss the petition on the grounds that it was untimely and because the order did not materially change existing policies and its provisions are not mandatory subjects of bargaining. Further, the City argued the record does not support finding a per se impact on officer safety. The Board found that the petition was timely, that the remedial consent order is not a mandatory subject of bargaining, and that a safety impact could not be determined on the pleadings alone. Accordingly, the Board granted the motion to dismiss as to the decisional bargaining and per se safety impact claims and ordered the City to file an answer regarding the remaining practical impact claims.

14-OCB2d-19-BCB-2021.pdf