The Union alleged that the NYPD violated NYCCBL § 12-306(a)(1) and (4) and § 12-307(b) by refusing to bargain over the assignment of certain vehicle tows from crime and emergency scenes previously performed by MVOs to TEA Level IIIs and assigning disabled NYPD vehicle tows to private contractors. The Union also claimed that a safety impact arose as a result of the NYPD’s removal of NYPD decals on trucks utilized by MVOs. The City argued that the claims regarding the transfer of disabled NYPD vehicle tows and the practical impact of the removal of NYPD decals were untimely. It further argued that assignments are not a mandatory subject of bargaining and that the Union failed to establish that the tows in question were the exclusive work of MVOs. The Board found that that the Union’s claims regarding disabled vehicle tows were untimely, that the tows from crime and emergency scenes in question were exclusive MVO work, that the Union did not establish a safety impact resulting from the removal of NYPD decals from trucks, and that the Union’s claim of a safety impact on TEA Level IIIs was not properly before the Board because it was raised for the first time in the Union’s post-hearing brief. Accordingly, the petition was granted in part and dismissed in part.

15-OCB2d-42-BCB-2022.pdf