UFADBA, 8 OCB2d 37 (BCB 2015)

The Union alleged that the FDNY violated NYCCBL § 12-306(a)(1), (2), (4), and (5) when it modified radio frequencies located inside of fire engines and ladder trucks to permit certain employees to communicate directly with EMS dispatch. The Union claimed that this constituted a unilateral change in the FDNY's procedures and resulted in the transfer of bargaining unit work from its members to EMS dispatchers. The City argued that the FDNY had no obligation to bargain over the change, which was an exercise of its managerial rights under NYCCBL § 12-306(b) to determine the methods, means, and personnel by which its operations are to be conducted. The Board found that the FDNY did not make a unilateral change to a mandatory subject of bargaining. Accordingly, the petition was denied.