Payne, 17 OCB2d 20 (BCB 2024)
Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to respond to grievances he filed in August 2023 and his follow up inquiry in October 2023. The Union and the City both argued that the Union did not breach its duty of fair representation because the Union did not act in an arbitrary, discriminatory, or bad faith manner. The Union also argued that Petitioner’s claims were untimely. The Board found that Petitioner’s claims were untimely and that, further, he failed to establish that the Union violated its duty of fair representation. Accordingly, the petition was dismissed.