Mitchell, 16 OCB2d 30 (BCB 2023)
Petitioner filed a verified improper practice petition alleging that the Union breached its duty of fair representation in violation of § 12-306(b)(3) of the NYCCBL by failing to adequately represent her regarding her claims of a hostile work environment and wrongful termination. The Union argued that it could not grieve Petitioner’s termination due to her status as a probationary employee and had no obligation to pursue grievances regarding matters it judged to be non-meritorious. HHC argued that Petitioner failed to state factual allegations sufficient to claim a violation of the NYCCBL. The Board found that the Union did not breach its duty of fair representation. Accordingly, the petition was dismissed.