The Union alleged that the Department of Consumer Affairs violated NYCCBL §12-306(a)(1) and (3) by issuing disciplinary charges to an employee in retaliation for filing a grievance. The City argues that the Union has failed to establish a prima facie case of retaliation and that the decision to discipline the employee was based on a legitimate business reason. The Board found that the Union produced prima facie evidence of retaliation but that the City refuted the evidence of animus and provided a legitimate business reason for its actions. Accordingly, the Board dismissed the improper practice petition.

12-OCB2d-15-BCB-2019.pdf