Hinds, 11 OCB2d 36 (BCB 2018)

Petitioner filed a pro se verified improper practice petition alleging the Union breached its duty of fair representation in violation of § 12-306(b) (3) of the NYCCBL by failing to adequately represent her in her claim that she was wrongfully terminated. Respondents argued that the petition is untimely. Respondents further argued that the Union did not breach its duty of fair representation as the Petitioner’s title does not have statutory due process rights that would allow her to grieve her termination. The Board found that some of the Petitioner’s claims as to the Union are timely but the claims against the City are untimely. The Board held that the Union did not breach the duty of fair representation. Accordingly, the petition was dismissed.

11-OCB2d-36-BCB-2018-cLo.pdf