The Union claimed that the MBPO violated NYCCBL § 12-306(a)(1) and (3) when it imposed a fixed lunch hour policy on employees in retaliation for the filing of an overtime compensation grievance. The City argued that the Union failed to demonstrate a prima facie case of retaliation. Alternatively, the City argued that it had a legitimate business reason to impose the new policy. The Board found that the Union did not establish a prima facie case of retaliation. Accordingly, the petition was dismissed.

15-OCB2d-24-BCB-2022.pdf