Rodriguez, 16 OCB2d 12 (BCB 2023)
Petitioner appealed the determination of the Executive Secretary of the Board of Collective Bargaining dismissing his petition for failure to plead facts sufficient to establish a violation of the NYCCBL. Petitioner argued that he pled sufficient facts to establish that the Union breached the duty of fair representation and that the Executive Secretary’s determination erroneously relied on the Union’s position, overlooked the Union’s bad faith, and ignored the FDNY’s discriminatory actions. The Board found that the Executive Secretary properly deemed the petition insufficient and denied the appeal.