Colon, 12 OCB2d 24 (BCB 2019)
Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) when it failed to properly represent him after DSNY involuntarily reassigned him to a different shift. The Union and the City separately argued that some of the claims are untimely and that the Union did not breach its duty of fair representation. The Board found that Petitioner’s timely allegations did not establish that the Union breached its duty of fair representation. Accordingly, the petition was denied.