The Union claimed that DEP violated NYCCBL § 12-306(a)(1) and (3) when it terminated an employee in retaliation for filing an out-of-title grievance. The City argued that the employee was not terminated because of his union activity but because he sent a threatening e-mail to his supervisor and because of his work performance, both of which constitute legitimate business reasons. The Board found that the Union failed to establish a prima facie claim of retaliation. Accordingly, the petition was denied.

13-OCB2d-20-BCB-2020.pdf