UFADBA, 12 OCB2d 30 (BCB 2019)
The Union claimed that the City violated NYCCBL § 12-306(a)(1) and (4) by not providing fire alarm dispatchers who were transferred to a new facility with a full kitchen containing a stovetop oven and dishwasher, contrary to established past practice, and by requiring them to sign a waiver of liability in order to use the facility’s gym when off duty. The City argued that its actions were within its management rights, that there was no change to past practice, that it satisfied any arguable duty to bargain regarding a full kitchen, and that the City’s interest in safety outweighed the employees’ interest in comfort. The Board found that the absence of a full kitchen and the requirement that employees sign a waiver to use the gym when off duty were not changes from existing policy or practice and that the demand for a full kitchen was not a mandatory subject of bargaining. Accordingly, the petition was denied.