MEBA, 18 OCB2d 3 (BCB 2025)
The Union alleged that DOT violated NYCCBL § 12- 306(a)(1), (4), and (5) by utilizing a private ferryboat operator to conduct passenger service on December 31, 2022, and thereby unilaterally transferring the exclusive bargaining unit duties of various Union-represented ferryboat officer titles. The City argued that it had no duty to bargain over its decision because the work of ferryboat officers was not performed exclusively by the Union’s bargaining unit. The City further argued that its decision was a proper exercise of its managerial right to determine the methods, means, and personnel by which government operations are to be conducted. The Board found that the work was exclusive to the Union’s bargaining unit and that DOT violated the duty to bargain in good faith by unilaterally assigning it outside the unit. Accordingly, the petition was granted.