Ozcan, 15 OCB2d 16 (BCB 2022)

Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to bring his grievance to arbitration and failing to communicate that it was not bringing his grievance to arbitration. Petitioner also alleged that DPR violated NYCCBL § 12-306(a)(1) and (3) by creating a hostile work environment in retaliation for his union activity. The Union and the City separately argued that the Union did not breach its duty of fair representation and that none of their actions violated the NYCCBL. The Board found that Petitioner failed to establish that the Union or DPR violated the NYCCBL. Accordingly, the petition was dismissed.

15-OCB2d-16-BCB-2022.pdf