Sims, 8 OCB2d 23 (BCB 2015)

Petitioner alleged that the City's inspection and review of his home septic system and its failure to address his request for a pay differential violated NYCCBL § 12-306(a)(1) and (4). Petitioner also alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by treating members who work outside of the City limits differently than those who work within the City and by not adequately representing him in securing a pay differential and in a grievance. The Board found that Petitioner's timely allegations did not establish a violation of the NYCCBL. Therefore, the improper practice petition was denied.