OCB

Board of Collective Bargaining

The Board of Collective Bargaining (BCB) handles a range of issues related to collective bargaining under the New York City Collective Bargaining Law (NYCCBL). Its role includes deciding cases involving improper practices, determining whether grievances are subject to arbitration, defining the scope of bargaining, resolving bargaining impasses, and hearing limited appeals from impasse panel awards.

Improper practice cases may involve claims that a party interfered with an employee’s right to join or not join a union, unlawfully assisted or dominated a union, discriminated or retaliated against employees for union activity, refused to bargain in good faith, or breached the duty of fair representation. When the BCB finds that a violation has occurred, it has the authority to issue an appropriate remedial order.

In arbitrability cases, the BCB decides whether the subject of a grievance falls within the parties’ agreement to arbitrate. These cases focus on whether the issue itself is arbitrable, rather than on procedural questions.

Scope of bargaining cases address whether a proposal or issue is a mandatory subject of collective bargaining. These questions may arise in connection with a refusal to bargain claim or through a separate petition requesting a scope determination, which functions similarly to a declaratory ruling.

The BCB may declare an impasse when it determines that the parties have exhausted negotiations without reaching an agreement. Once an impasse is declared, the Office of Collective Bargaining appoints an impasse panel to resolve the dispute through interest arbitration and determine the terms of the contract. Appeals from an impasse panel’s award may be brought to the BCB, but only on limited grounds set out in the statute.