The Union alleged that the City terminated a Union member in retaliation for filing a grievance and therefore violated NYCCBL § 12-306(a)(1) and (3). The City argued that the Union has failed to provide sufficient evidence of anti-union animus to make out a case of retaliation. In the alternative, the City argues that the termination was motivated by legitimate business reasons related to performance. After a hearing, the Board found that the Union established a prima facie case of retaliation, but that the City rebutted the evidence by demonstrating that the decision to terminate was made prior to and not based on the union activity in question. Therefore, the improper practice petition was dismissed.

14-OCB2d-15-BCB-2021.pdf