Warren, 18 OCB2d 2 (BCB 2025)

Petitioners alleged that HRA violated NYCCBL § 12- 306(a)(1), (3), and (4) by reassigning them to a unit with poor working conditions and depriving them of meaningful work in their new assignment in retaliation for filing an out-of-title grievance. Petitioners also alleged that the Union violated NYCCBL § 12-306(b)(3) by failing to adequately represent them regarding the reassignment and subsequent conditions. The City argued that Petitioners failed to establish a prima facie case of retaliation, and that Petitioners were reassigned legitimately to comply with an arbitrator’s decision regarding the above-referenced out-of-title grievance. Additionally, the City and the Union each argued that the Union did not breach its duty of fair representation. The Board found that, although Petitioners established a prima facie case of retaliation, the City established a legitimate business reason for the reassignment. The Board also found that the Union did not breach its duty of fair representation. Accordingly, the petitions were dismissed.