The Union alleged that the City and DOF violated NYCCBL § 12-306(a)(1) and (4) by refusing to bargain over the introduction and use of GPS-enabled iPads to track field employees’ locations, the potential use of this data to discipline employees, and privacy concerns arising from GPS tracking of off-duty employees. The City argued that the introduction of GPS-enabled iPads to verify the location of field employees falls within the City’s management rights, that there has been no change to terms and conditions of employment because the iPads are an updated version of GPS-enabled tablets already utilized by employees, and that their use does not establish a new basis for discipline. The City also denied that location data is tracked when employees are off duty. The Board found that neither the replacement of previously issued GPS-enabled tablets with iPads nor the use of GPS data to conduct yearly Field Integrity Checks constituted a change to a mandatory subject of bargaining. Accordingly, the petition was dismissed.

14-OCB2d-16-BCB-2021.pdf