Simon, 18 OCB2d 4 (BCB 2025)

Petitioner, pro se, claimed that the Union breached its duty of fair representation in violation of NYCCBL ยง 12-306(b)(3) by improperly deciding not to advance her disciplinary grievance to arbitration. The Union argued that it did not breach its duty of fair representation because it represented her as it would any bargaining unit member. HHC also argued that the Union did not breach its duty of fair representation. The Board found that the petition did not establish that the Union breached its duty of representation. Accordingly, the petition was dismissed.