DC 37, 17 OCB2d 12 (BCB 2024)
The Union appealed certain aspects of the Report and Recommendations of an Impasse Panel arguing that the Panel erred by not considering the statutory requirement of the interest and welfare of the public and that the Panel’s decision was not substantially based upon the record evidence. The City appealed other aspects of the Report and Recommendations of the Panel arguing that the Panel did not properly consider the record evidence or public safety in reaching its decision on bargaining demands concerning vision requirements and contractual promotion language for Lifeguards. As to each other’s objections, the City and Union contend that the Panel properly considered the evidence and arguments of the parties and issued a report that is supported by the record and follows the criteria set forth in the NYCCBL. After consolidating both appeals into this proceeding, the Board denied both the Union’s and the City’s appeals.