Moehrle, 12 OCB2d 39 (BCB 2019)
Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to file a grievance on his behalf. The City argued that the Union did not breach its duty of fair representation as Petitioner was a probationary employee with limited rights. The Board found that Petitioner’s claim failed to establish that the Union violated the NYCCBL. Accordingly, the Board dismissed the improper practice petition.