Fash, 15 OCB2d 15 (BCB 2022)
Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to adequately represent her during the grievance process regarding a denied detail request, failing to bring her grievance to arbitration, and failing to communicate that it was not bringing her grievance to arbitration. Petitioner also alleged that the Union violated NYCCBL § 12-306(b)(1) by obstructing the grievance process and colluding with DPR to deny her a fair hearing, in addition to denying her access to union meetings and elections. Further, Petitioner alleged that DPR violated § 12-306(a)(1) and (3) by failing to grant her detail request, failing to furnish information, obstructing her grievance process, and colluding with the Union. The Union and the City separately argued that the Union did not breach its duty of fair representation, that some of the actions did not occur as alleged, and that none of their actions violated the NYCCBL. The Board found that Petitioner failed to establish that the Union or DPR violated the NYCCBL with respect to a number of her allegations. Accordingly, the Board dismissed the petition, in part.