The Union claimed that the FDNY violated § 12-306(a)(1) and (4) of the NYCCBL when it unilaterally discontinued its practice of allowing the three most senior employees in the title Supervising Fire Alarm Dispatchers Level II to use a City-owned vehicle for commuting to and from work. The City argued that no such past practice exists and that it has the managerial right to make changes regarding the use or selection of equipment. It further argued that the public policy of addressing climate change outweighs the minimal economic impact to the employees at issue. The Board found that authorizing the use of agency vehicles for the purpose of commuting is an economic benefit and that the failure to bargain with the Union over the rescission of the vehicles was an improper practice. Accordingly, the petition was granted.

13-OCB2d-15-BCB-2020.pdf