The  Union  and  a  public  employee  claimed  that  HHC violated NYCCBL  §  12-306(a)(l)  and  (3)  when  it  terminated  the  employee  in retaliation or her participation in a union organizing campaign.   HHC argued that the employee does not have standing to assert a violation of the NYCCBL since she was a managerial  employee  at the time of her termination.   It further argued  that her termination was not improperly motivated and that 
she was instead terminated due to poor work performance and productivity.  The Board found that Petitioners established a prima facie claim of retaliation.  The Board further found that HHC's proffered legitimate business reasons for the employee's  termination  were pretext for retaliation.  Accordingly, the petition was granted.

13-OCB2d-2-BCB-2020.pdf