Petitioner, pro se, claimed that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to adequately represent him during his disciplinary proceedings. Petitioner appealed the portions of the petition that the Executive Secretary found untimely. On the remaining claims, the Union argued that it did not breach its duty of fair representation because it represented him as it would any bargaining member. HHC also argued that the Union did not breach its duty of fair representation. The Board found that the Executive Secretary properly deemed portions of the petition untimely and that the timely facts did not establish that the Union breached its duty of fair representation. Accordingly, the petition was dismissed.

17-OCB2d-23-BCB-2024.pdf