PBA, 12 OCB2d 22 (BCB 2019)
The City alleged that the PBA breached its duty to bargain in good faith, in violation of NYCCBL § 12-306(b)(2), (c)(2), and (c)(3), by its efforts to prevent the City’s representative from serving on an interest arbitration panel. The PBA filed a motion to dismiss the City’s petition, arguing that the Board lacks jurisdiction over the petition, that the petition lacks merit because the filing of a lawsuit is not an improper practice, and that the same issues have been presented to the New York State Supreme Court. The City opposed the dismissal of the petition, arguing that that the Board has jurisdiction over its claims, which concern the totality of the Union’s conduct and not simply the filing of the lawsuit. The City also argued that the lawsuit is frivolous and therefore not afforded protection under the law, and that the legal issues in the petition are distinct from those in the lawsuit. The Board found that it has jurisdiction to consider the claims, but that the City’s allegations concerning the Union’s actions did not state a claim of a breach of the duty to bargain in good faith. Accordingly, the motion to dismiss was granted, and the petition was dismissed.