PBA, 11 OCB2d 20 (BCB 2018)
The Union alleged that the City and the NYPD violated NYCCBL § 12-306(a)(l), ( 4), and (5) when it unilaterally implemented changes to the performance evaluation process for Police Officers. The City argued that it had no duty to bargain, that the NYPD did not modify the existing performance evaluation procedures, and that to the extent that it did, the changes were de minimis. The Board found that certain changes were not bargainable because they were incidental to the transition from a paper to an electronic performance review process or did not constitute a change from an existing policy. However, the Board found that the NYPD unilaterally changed a mandatory subject of bargaining by increasing the frequency by which certain Police Officers were evaluated and by introducing a requirement that all Police Officers electronically accept or appeal their quarterly performance evaluations. Accordingly, the petition was granted in part and denied in part.