OSA, 13 OCB2d 2 (BCB 2020)
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.