Petitioner alleged that the Union violated the NYCCBL by failing to request documents from HHC, verbally attacking him, removing him as a Shop Steward, and failing to explain his removal in writing. In addition, he alleged that HHC violated the NYCCBL by failing to provide the documents he requested. The Union argued that the Board does not have jurisdiction over internal union matters, that the petition was untimely, and that it did not establish a breach of the duty of fair representation. HHC argued that Petitioner lacked standing to allege a breach of its duty to bargain by failing to furnish information and that his document requests fell outside its duty under the NYCCBL. The Board found that verbal criticism of Petitioner’s performance as a Shop Steward, his removal as a Shop Steward, and the failure to explain the reasons for his removal as a Shop Steward are internal union matters over which it does not have jurisdiction. It held that the claim that the Union failed to request documents from HHC was timely but did not establish a breach of the duty of fair representation and that Petitioner lacked standing to assert the failure to bargain claim against HHC.

15-OCB2d-14-BCB-2022.pdf