SSEU, 15 OCB2d 32 (BCB 2022)
The Union claimed that the grievant was wrongly demoted
in retaliation for her performance as a Union delegate in violation of NYCCBL §
12-306(a)(1) and (3). The City argued that the Union failed to establish a prima
facie case and that, to the extent the Board found a prima facie case, the actions
alleged were taken for legitimate business reasons. The Board found that the Union
had proffered a prima facie case of retaliation but that the City established it had a
legitimate business reason for the grievant’s demotion. Accordingly, the petition
was denied.