The Union claimed that the City, DPR, and DOT violated NYCCBL § 12-306(a)(1) and (4) by failing to bargain over the use of data obtained via vehicle monitoring technology for disciplinary purposes. The Union further argued that the City failed to bargain over the impact of vehicle monitoring technology on employee privacy. The City argued that the use of vehicle monitoring technology falls within the City’s management rights under NYCCBL § 12-307(b), that this technology does not represent a new basis for discipline, and that the City has an overwhelming interest in using such data to minimize dangers to the safety of employees and the public. The Board ruled that the City was obligated to engage in impact bargaining regarding the use of vehicle monitoring technology for discipline and directed impact bargaining upon the demand of either party. The Board dismissed the Union’s remaining claims.

15-OCB2d-11-BCB-2022.pdf