The Union alleged that the City violated NYCCBL § 12-306(a)(1) and (3) by discharging a probationary employee in retaliation for requesting the assistance of her Union delegates. The City argued that the Union failed to present facts sufficient to state a prima facie case of retaliation and that the probationary employee was discharged for legitimate business reasons. The Board found that the Union proffered its prima facie case, but that the City refuted the causation prong and provided legitimate business reasons for its actions. Accordingly, the improper practice petition was dismissed.

9-OCB2d-3-9AQ.pdf