The Union claimed that the DOT retaliated against an

employee in violation of NYCCBL § 12-306(a)(1) and (3) when the employee’s

supervisor verbally and physically harassed him. The City argued that the Union

failed to demonstrate that the supervisor’s actions were motivated by the

employee’s union activity. It also argued that the supervisor’s actions, for which

she was disciplined, did not constitute an adverse employment action. The Board

case of retaliation was not established. Accordingly, the petition was denied.