Local 376, DC 37, 13 OCB2d 3 (BCB 2020)
The Union alleged that the City violated NYCCBL § 12-306(a)(1) and (3) by twice filing disciplinary charges against one of its members in retaliation for filing a grievance and a workplace violence complaint. The City argued that some of the claims are untimely, that the Union has failed to establish a prima facie case of retaliation, and that DEP had a legitimate business reason for its actions. The Board found that some of the claims are untimely and, as to the timely claim, that the City rebutted the Union’s prima facie case. Accordingly, the Board found that the City did not violate the NYCCBL, and the petition is dismissed.