Lake, 8 OCB2d 22 (BCB 2015)

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b) by failing to adequately address his requests for assistance regarding counseling memos and an unsatisfactory performance evaluation that resulted in his termination. Respondents argued that the Union did not breach its duty of fair representation because Petitioner was terminated during his probationary period and the Union was responsive to Petitioner's requests for assistance, secured a transfer offer for him that he refused, and could not otherwise appeal his termination. The Board found that Petitioner's allegations do not establish that the Union acted in an arbitrary, discriminatory, or bad faith manner. Therefore, the improper practice petition was denied.