Parsons, 17 OCB2d 21 (BCB 2024)
Petitioner filed a pro se improper practice petition alleging the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to represent him adequately in challenging his Civil Service Law § 73 termination. The Union argued that there was no contractual basis for challenging Petitioner’s dismissal and that its actions were not discriminatory, arbitrary, or taken in bad faith. The City argued that Petitioner failed to state a cause of action under NYCCBL § 12-306(b)(3) and that therefore any derivative claim against it pursuant to NYCCBL § 12-306(d) must also fail. The Board found that the Union did not breach its duty of fair representation. Accordingly, the petition was dismissed.