SSEU, 13 OCB2d 18 (BCB 2020)

The Union filed an improper practice petition alleging that NYCHA failed to bargain in good faith regarding a change in the supervisory structure for Community Associates and ending a practice of allowing members to take excused paid leave when attending meetings of a Union foundation, and that the latter action discriminated against bargaining unit members. NYCHA asserted that the claims were time-barred, that it was not required to bargain on those issues, that the supervision issue was not a mandatory subject of bargaining, that it did not discriminate or retaliate against employees when it denied the leave requests, and that there was no change to its excused leave policy. The Board found that the supervision issue was time-barred and denied the petition as to that claim. The Board further found that the excused leave issue was timely and ordered a hearing on the Union’s claim that there existed a past practice of approving Union representatives’ requests for excused leave to attend Foundation meetings.

13-OCB2d-18-BCB-2020.pdf