The Union filed a verified improper practice petition alleging that the City violated § 12-306(a)(1), (3), and (4) of the NYCCBL when it issued Operations Orders that unilaterally changed compensation for pre-shift briefings conducted by Lieutenants and Captains within the Emergency Medical Services Division. The Union also claimed that the Operations Orders were issued in retaliation for objections that were raised to a proposed settlement of a FLSA lawsuit that was brought by Union members with the assistance of the Union. The City argued that the Operations Orders neither implicate a mandatory subject of bargaining nor constitute a change to past practice. The City also argued that it was not improperly motivated when it issued the Operations Orders and that it had legitimate business reasons for doing so. The Board found that the FDNY did not make a unilateral change to a mandatory subject of bargaining. It further found that the FDNY had legitimate business reasons for issuing the Operations Orders. Accordingly, the petition was denied.

11-OCB2d-5-BCB-2018--1U.pdf