The Union alleged that DEP violated NYCCBL § 12-306(a)(1) when a supervisor disparaged the Union and told a unit member that seeking the Union’s assistance with a time sheet issue would be futile, and violated NYCCBL § 12-306(a)(1) and (3) by bringing disciplinary charges against the member in retaliation for assisting the Union in filing an improper practice petition. The City argued that the Union has failed to establish that the supervisor engaged in activity that was inherently destructive of employee rights. It also argued that the Union has failed to establish a prima facie case of retaliation and that the decision to discipline the member was based on legitimate business reasons. The Board found that the supervisor’s statements were inherently destructive of employee rights and violated NYCCBL § 12-306(a)(1). Further, it found that although the Union established a prima facie case of retaliation, the City proffered legitimate business reasons for the disciplinary charges. Accordingly, the petition was granted in part and denied in part.

14-OCB2d-22-BCB-2021.pdf