The UFA and UFOA filed petitions alleging that the FDNY violated NYCCBL § 12-306(a)(1) and (4) and § 12-307(a) by refusing to bargain over the assignment of their members to Counter-Terrorism Task Forces and its impact on safety and workload. The City argued that the petitions are untimely, that the alleged change does not involve mandatory subjects of bargaining, and that the Unions failed to establish an impact on safety or workload. The Board found that most of the unilateral change claims are untimely and that the timely claims do not concern mandatory subjects of bargaining. It further found a per se safety impact, but not a practical impact on workload. The Board therefore ordered impact bargaining over safety and dismissed the Unions’ remaining claims.

13-OCB2d-9-with-Dissent-BCB-2020.pdf