UFA, 9 OCB2d 19 (BCB 2016)
Petitioner alleged that the City violated NYCCBL § 12-306(a)(1), (4), and (5) when it unilaterally implemented minimum staffing overtime eligibility criteria for Marine Engineers, Pilots, and Wipers. The City argued that such eligibility criteria are nonmandatory subjects of bargaining; the FDNY has a managerial prerogative to assign overtime; and that its implementation was a de minimis change. The Board found that the criteria were mandatory subjects of bargaining; that their implementation was not a de minimis change; and that the City violated NYCCBL § 12-306(a)(1), (4), and (5) when it applied these criteria without negotiation during the period when the parties' collective bargaining agreements were in status quo. Accordingly, the petition was granted.