SSEU, Local 371, 8 OCB2d 35 (BCB 2015)

The Union alleged that NYCHA violated NYCCBL ยง 12-306(a)(1) and (3) when it terminated a probationary employee in retaliation for engaging in protected union activity, including seeking union representation at a meeting and the filing of a grievance. NYCHA argued that the employee was terminated for legitimate business reasons and that the decision to terminate her was made before NYCHA was aware of the grievance. The Board found that the Union established its prima facie case but that NYCHA refuted the causation prong and provided legitimate business reasons for its actions. Therefore, the improper practice petition was dismissed.