The Union alleged that the Department of Homeless Services violated NYCCBL §§ 12-305, 12-306(a)(1) and (a)(4) by unilaterally changing the work schedule of day-shift Laborers to include weekend days, which affected available overtime. The City argued that it did not alter how overtime is assigned or distributed and that schedule changes are within its managerial discretion; thus, there is no duty to bargain. The Board found that the City did not violate the NYCCBL. Accordingly, the Board dismissed the improper practice petition.

12-OCB2d-38-BCB-2019.pdf