Feder, 9 OCB2d 33 (BCB 2016)
Petitioner filed a pro se verified improper practice petition alleging that NYCHA violated § 12-306(a)(1) and (3) of the NYCCBL by unilaterally revoking his ability to perform a "split shift" schedule, in retaliation for his union activities. He also alleged that NYCHA's time and leave policies discriminated against and interfered with union activities. Petitioner further claimed that both Local 375 and DC 37 breached their duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to adequately represent him regarding this dispute with NYCHA. NYCHA argued that its policies do not provide for a split shift and that its action was not motivated by a desire to discourage Petitioner's union activity. The Union argued that it properly represented Petitioner and that there was no evidence that he was discriminated against. The Board found that Petitioner did not establish a prima facie case of discrimination against NYCHA and that its time and leave policies did not interfere with union activities. The Board further found that the claims against Local 375 were untimely and that the evidence did not establish that DC 37 acted in an arbitrary, discriminatory, or bad faith manner. Therefore, the improper practice petition was denied in its entirety.