Molina, 12 OCB2d 5 (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 her behalf following her termination. The Union and NYCHA argued that the Union did not breach its duty of fair representation as Petitioner was a probationary employee with limited disciplinary rights under the collective bargaining agreement. The Board found that Petitioner failed to establish that the Union violated the NYCCBL. Accordingly, the petition was dismissed.

12-OCB2d-5-BCB-2019-hiU.pdf