Filing an Improper Practice Petition with the OCB
- Review the law we administer, the New York City Collective Bargaining Law (Chapter 3, Title 12 of the Administrative Code of the City of New York) ("NYCCBL"), and the Rules of the Office of Collective Bargaining (Rules of the City of New York, Title 61, Chapter 1) ("OCB Rules"). The NYCCBL and the OCB Rules describe the law and procedures, respectively, that apply to improper practice claims. Complete copies are available at ocb-nyc.org/general-info/law-rules/.
- Review prior Board of Collective Bargaining ("Board") decisions that interpret the NYCCBL to consider how the law may apply to your claim. Board decisions are available at ocb-nyc.org/search-our-cases.
- Review OCB's website at ocb-nyc.org.
-
Speak to an OCB Pro Se Officer by calling (212) 306-7160.
- Not every workplace action that you view as unfair constitutes a violation of the NYCCBL, which is the law that OCB administers.
- While OCB cannot represent you, the Pro Se Officer may help you determine if your claim is one that the Board can hear and may answer procedural questions relating to the filing and processing of your claim.
- Note that the OCB is a neutral, adjudicative agency and is not your attorney or legal representative. You may, but are not required to, be represented by an attorney; however, please be aware that each respondent in your case will most likely be represented by an attorney.
-
Consider whether your claims are timely.
- The statute of limitations for alleged violations filed under the NYCCBL is four (4) months. This means that the violation or "bad act" about which you are seeking a determination must have occurred no more than four (4) months prior to the filing date of the improper practice petition. See NYCCBL § 12-306(e).
- For example, if you were wrongly terminated from your position at a City agency on January 1, you must file your improper practice petition by no later than May 2. For a petition filed on May 2, any claim regarding an action that occurred prior to January 1 is time-barred and will be dismissed.
- Another example: if you claim that a union has failed to process your grievance, you must file your improper practice petition within four months of when you learned or should have known that the union failed or refused to assist you.
If you decide to file, below are instructions to help you complete your petition:
- File the petition and any related exhibits with OCB no later than four months after the alleged improper practice occurred. If you file more than four months following the event in question, your petition may be dismissed.
- We encourage you to file the improper practice petition via the e-filing portal on OCB's website: e-filing through OCB's portal. The portal contains instructions on how to file electronically.
- In the alternative, you may file an improper practice petition with OCB by email, regular first class mail or express mail, or in person during business hours.
- If you file by email, you must send your petition and any attachments to nyc-ocb@ocb.nyc.gov. See OCB Rule §§ 1-07(b)(4) and 1-12(e).
- Keep a copy of your filing for your records.
If you file by a method other than e-filing, your petition must contain the following information:
You are the petitioner. You must provide your correct contact information and advise OCB and all parties if it changes. The information required includes your name, address, phone number, and email address. See OCB Rule § 1-07(c)(1)(i)(A).
The respondent is the union and/or employer-agency about which you are complaining. You must list the name of the union or the agency, the address, and the phone number. See OCB Rule § 1-07(c)(1)(i)(B).
In this space, do not name individual people such as a specific supervisor or union delegate as respondents — an individual cannot commit an improper practice in his or her personal capacity. However, under the NYCCBL, a public employer or a public employee organization may be held responsible for the acts of its supervisors and other agents, and you may identify specific individuals and discuss their conduct in your description of the nature of the controversy. See Item 4, below.
If your claim involves both a union and an employer, list one in Item 2 and the other in Item 3 on the petition.
Using numbered paragraphs, state the facts of your case ("factual statement"). Be as specific as possible; the more relevant details you provide, the better. Include such facts as names, dates, times, and locations. For example, for each conversation or interaction, describe who was present, what happened or was said, and where the interaction occurred. Each fact or allegation should be in a separate, numbered paragraph. See OCB Rule § 1-07(c)(1)(i)(D).
-
(a)
Exhibits — You may attach documents that support your facts, but your factual statement may not consist solely of such attachments. If you attach exhibits, explain why they are significant and refer to them in your factual statement. Each document should be labeled as an exhibit ("Exhibit A" or "Exhibit 1," etc.) and must accompany the petition. Do not send original documents.
- If your case relates to a collective bargaining agreement, executive order, or written rules/policies, identify the specific provisions that apply and attach the documents, if available, to your petition.
- If you are attaching photographs or other visual exhibits, such as screenshots of texts, you must identify exactly what is in the photo or screenshot and provide the date that the photo was taken or the texts were sent/received.
- For example, if the screenshot reflects a text conversation between two people, you must identify who the people are, which person wrote what, the date of the texts, and explain why you included the screenshot with your petition.
- (b) Identify the specific subsections of NYCCBL § 12-306(a) or (b) that you claim have been violated. Subsection (a) applies to claims against employers and subsection (b) applies to claims against unions.
-
(c)
Explain how the facts in your case constitute a violation of the sections of the NYCCBL you have identified.
- Note: If you are an attorney, you must follow the legal argument requirements set forth in § 1-07(c)(1)(i)(E).
- (d) State how you want your case to be remedied if the Board rules in your favor. Remember that the Board's jurisdiction is limited to remedying improper practice charges. It may not award such remedies as punitive damages. Some examples of remedies that the Board has ordered include posting a notice; reinstatement; back pay for lost wages and benefits; processing of a grievance. See OCB Rule § 1-07(c)(1)(i)(F).
You are required to affirm or swear before a notary, under penalty of perjury, that all of the facts in the petition are true to the best of your knowledge. See OCB Rule § 1-07(c)(1)(i).
If you file your improper practice petition using the e-filing system on OCB's website, you are NOT required to serve the other parties to the matter. See OCB Rule § 1-12(e)(2). Service on the respondents will be handled by OCB.
If you file using any method other than e-filing, then you are responsible for serving a copy of the petition with attached exhibits on each respondent. The petition must be served on each respondent's designated agent, if one exists. Failure to properly serve the designated agent may result in delay or dismissal of your petition.
A list of designated agents is available on OCB's website at ocb-nyc.org/designated-agents. See OCB Rule § 1-07(c)(1)(iv).
You may serve documents on a respondent's designated agent in person during business hours or by first class mail, certified mail, overnight delivery, or email.
Proof of service: In addition to serving the petition on the designated agent(s), you must provide OCB with proof that you have properly served the designated agent for each respondent. See OCB Rule § 1-12(d). You may use one of the following methods:
- (1) Email: If you serve the designated agent(s) by email, either simultaneously copy ("cc") nyc-ocb@ocb.nyc.gov or attach to the petition a copy of the email transmitting the document that includes the email address of the recipient(s) and the sender, the date and time of transmission, and any attachments. See OCB Rule § 1-12(a)(5).
- (2) Certified mail: If you send your petition "certified mail return receipt requested," you will receive from the post office a "green card," which shows that the petition has been delivered to the respondent's designated agent. Send OCB a copy of the original green card and keep the original for your records.
- (3) Hand delivery: Personally deliver the petition to the designated agent for each respondent along with an additional copy and have the receptionist sign or stamp the extra copy acknowledging that the petition was received. Send OCB the signed or stamped copy and keep a copy for your records.
- (4) Notarized affidavit: Provide OCB with a sworn statement containing the date and manner (first class mail, United Parcel Service, express mail, in-person, etc.) in which you served the designated agent for each respondent. This statement must be signed and notarized. An affidavit of service form is available on our website at ocb-nyc.org. Keep a copy for your records.
- • Docket number: Your petition will be assigned a docket number. You will receive an email or letter acknowledging that the petition was filed. The email will list the docket number. Always refer to this number when writing or calling OCB. See OCB Rule § 1-12(b).
- • OCB review: If you did not file via OCB's e-filing portal, OCB will determine whether you have properly served the respondent's designated agent with the petition. Your petition cannot be processed until you provide OCB with proof that you have served the designated agent for each respondent.
- • Executive Secretary review: Your petition will be reviewed by the Board's Executive Secretary to verify that your claim(s) appear to be timely (i.e., fall within the four-month statute of limitations) and that the facts pled are sufficient to state a claim under the NYCCBL. If your petition does not pass this preliminary review, you will be advised of the deficiency by letter or you will receive an Executive Secretary Determination dismissing the petition, and you will be informed by OCB regarding how to proceed. See OCB Rule § 1-07(c)(2).
- • Verified answers: If your petition passes the preliminary review, you will be so advised by letter, and the respondent(s) will be given 10 business days from the date of service of the Executive Secretary's sufficiency letter to file a verified answer. The date of service is generally the date of the sufficiency letter. At this stage, respondents are given an opportunity to tell their side of the story. Each respondent must serve you with a copy of its verified answer. See OCB Rule § 1-07(c)(3).
- • Verified reply: You have the right to reply to each respondent's answer. You will have 10 business days from the date a respondent serves you with its verified answer to file and serve a verified reply. You are not required to file a reply. However, additional facts alleged in the answer shall be deemed admitted by you unless you deny them in a reply. Your reply should discuss any new facts or issues raised in the answer, but you may not raise any new claims or facts in the reply; if you do, they may be disregarded. See OCB Rule § 1-07(c)(4).
-
• Serving and filing your verified reply:
You must file your verified reply, with proof of service, with OCB. If an attorney has served and filed an answer on behalf of a respondent, you must serve a copy of your verified reply on that attorney rather than on the respondent or its designated agent. See OCB Rule § 1-07(c)(2).
- If you filed your petition via OCB's e-filing system, you may also file your reply via e-filing, and OCB will be responsible for service of the reply.
- • Proof of service: As with service of the verified petition, you must provide OCB with proof that you served the verified reply on the designated agent for each respondent using one of the service methods stated above other than e-filing.
- • Extensions of time: Reasonable requests for extensions of time to file answers and replies may be granted. To obtain an extension of time, the requesting party must first contact the opposing parties and ask for their consent. Then the party seeking the extension must file a written request with OCB, copying all parties, and advise whether the other parties have consented. The decision about whether to grant an extension will be made by OCB, not the parties.
- • Always copy all parties: All correspondence sent to OCB concerning your case, such as requests for extensions of time, documents, additional information, etc., must also be sent to the attorneys for the respondents so that they may review the materials and, if appropriate, respond. Respondents must also copy you on their correspondence with OCB. You should indicate on your submission to OCB to whom you sent copies.
- • Conferences: Your case will be assigned to a Trial Examiner who will review all of the submissions in the matter and schedule a conference. All parties are expected to attend the conference in order to discuss the case and determine whether the matter can be settled or whether a hearing or additional documents are necessary before your case can be decided by the Board. See OCB Rule § 1-07(c)(6)(i). Conferences are generally held remotely via Zoom videoconference.
- • Hearings: A hearing is not held in every case. You will be advised by the Trial Examiner whether a hearing is necessary and what it will involve.
- • Review by the Board: The Board meets periodically throughout the year and reviews cases to determine whether to grant or deny an improper practice petition. The length of time that it takes the Board to review and issue a decision on a case depends upon many factors. When your case is scheduled to be discussed by the Board in executive session, you will receive a letter as well as a copy of the agenda for that meeting. The letter is advisory only. The parties are not permitted to attend Board meetings unless special circumstances exist and they have been so notified.
- • Final decision: After the Board rules on your case, you will receive a copy of the signed decision by certified mail. A courtesy copy will also be emailed to you.
Claims Against a Union for Breach of the Duty of Fair Representation
A union is not legally required to process every grievance. Its failure or refusal to process a grievance is a breach of its duty of fair representation only when this inaction is determined to be arbitrary, discriminatory, or in bad faith.
Claims Against an Employer for Discrimination/Retaliation for Union Activity
OCB can only address discrimination and retaliation claims relating to union activity. Some examples of claims we can address include, but are not limited to: retaliation against an employee for filing a grievance or for complaining to their union about workplace conditions; and retaliation against a shop steward for assisting a colleague with a grievance.
OCB lacks jurisdiction to address claims of discrimination and/or retaliation based on any other protected characteristics such as race, sex, gender, age, and religious affiliation.
Frequently Asked Questions
What is the New York City Collective Bargaining Law (NYCCBL)?
The NYCCBL is a local law that sets the rules applicable to labor unions representing public employees in New York City and New York City agencies. The NYCCBL addresses the rights of public employees and public labor unions, what types of issues may be bargained between these unions and the City, what constitutes an improper practice by a union and by a City employer, among other things.
What is an "improper practice"?
An improper practice is conduct by a public employer or a union that violates the NYCCBL. Not every unfair or upsetting workplace action is an improper practice under the law.
Who can file an improper practice petition?
Any NYC public employee, union, or employer may file a petition. You do not need an attorney to file.
Is OCB my lawyer?
No. OCB is a neutral agency. OCB staff cannot represent you or give legal advice, but a Pro Se Officer may explain procedures and help you understand whether OCB has jurisdiction over your claim. You may speak with a Pro Se Officer by calling (212) 306-7160.
How do I know if my claim is against my employer, my union, or both?
- Claims against employers usually involve retaliation or interference with union rights.
- Claims against unions usually involve the duty of fair representation.
- If you are filing a duty of fair representation claim against your union, you must also name your employer as a respondent.
- Some cases involve both, and both must be named as respondents.
Does OCB handle all discrimination or retaliation claims?
No. OCB can only hear discrimination or retaliation claims that result from or are related to union activity, such as filing a grievance or assisting a coworker with union matters.
OCB cannot hear claims based on race, sex, gender, age, religion, or similar protected characteristics. Claims alleging violations of these protected characteristics must be filed in another forum.
Is a union required to file a grievance for every workplace complaint?
No. A union has the discretion to choose which complaints to advance through the grievance process. It may decide not to advance a grievance at any stage of the process. A union violates the law only if its refusal to act is arbitrary, discriminatory, or taken in bad faith.
What is the time limit for filing an improper practice petition?
You must file within four (4) months of:
- when the action occurred, or
- when you knew or should have known about it.
What does "knew or should have known" mean?
If you know when the violation occurred, the four-month time period in which you can file an improper practice begins on that date. However, even if you were not expressly told when the violation occurred, the time period in which to file starts when you reasonably should have realized either that the alleged improper action had been taken or that the union or the employer was not going to act.
What happens if I file late, i.e., outside of the four-month statute of limitations?
Late claims are dismissed, even if they would otherwise be valid.
How should I file my petition?
OCB encourages filing through its e-filing portal, which can be found on the OCB website. If you e-file, OCB will serve the respondents for you.
In the alternative, you may file by email, first class or certified mail, overnight delivery, or in person at our office during business hours.
For more information on how to file a pleading with OCB, click here.
What information must be included?
Your petition must include:
- Your contact information
- The correct names of the respondent(s)
- A clear statement of facts in numbered paragraphs
- Any documents or other exhibits that are relevant to your claim
- The NYCCBL sections you believe were violated
- The remedy you are requesting
- A notarized verification
Can I name my supervisor or union delegate as a respondent?
No. Individuals cannot be named respondents. You may describe what specific people did, but only the union or employer may be named.
How detailed should my factual statement be?
It is important to be as specific as possible. Include:
- Dates
- Names
- What happened
- When it happened
- Where it happened
Each fact should be in a separate numbered paragraph.
Can I attach documents?
Yes. You may attach exhibits, but you must:
- Label them (Exhibit A, Exhibit B, etc.)
- Refer to them in your factual statement
- Explain what each exhibit shows in the factual statement
Do not submit original documents.
What is "service"?
Service means delivering a copy of your petition to each respondent's designated agent. For more information on how to properly serve a party, click here.
What happens after I file?
- Your case is assigned a docket number.
- The Executive Secretary reviews the petition to determine whether it states a valid claim, and whether the claim is timely.
- In a non e-filed case, the Executive Secretary will also determine whether service was completed properly.
What if my petition is dismissed at the initial review stage?
You will receive a written determination from the Executive Secretary explaining the reason. A dismissal at this stage is procedural and does not mean that the Board ruled on the merits of your claim.
What if my petition is deemed sufficient by the Executive Secretary?
Your case will be assigned to an OCB Trial Examiner who will contact you to schedule a conference with the respondents in the matter.
What is a "verified answer"?
It is the respondent's sworn response to your petition. Respondents usually have 10 business days to file an answer.
Should I file a reply?
You are not required to file a reply. However, you may wish to do so because any new facts asserted in the answer are considered admitted unless you deny them in a reply.
Can I ask for more time to respond to an answer?
Yes. The OCB Rules allow parties to request additional time to respond. Requests that are reasonable are commonly approved.
How do I request more time?
Your assigned Trial Examiner will determine whether to grant extension requests. You must first ask the attorneys for the respondent parties whether they consent to your extension. When you ask the Trial Examiner for an extension, you must state whether the other party agrees or disagrees with your request.
What if I cannot reach the other party?
If you are unable to contact the other party, you must explain what steps you took to try to reach them and whether you received any response.
Do all parties have to agree for more time to be granted?
No. Even if the other party does not agree—or cannot be reached—a reasonable request for more time may still be granted by the Trial Examiner.
What is the Trial Examiner's role?
The role of the Trial Examiner, also known as a Hearing Officer, is to conduct conferences and hearings, resolve disputes over information requests, and draft decisions, among other responsibilities.
What is a conference?
A conference is a meeting (usually on Zoom) with a Trial Examiner to:
- Clarify issues
- Discuss settlement
- Decide whether a hearing is needed
Will there always be a hearing?
No. Some cases are decided without a hearing.
What remedies can the Board order?
The Board may order "make whole" remedies that include, but are not limited to:
- Reinstatement
- Back pay
- Processing of a grievance
- Posting of a notice
How will I receive the decision?
You will receive the Board's final decision by certified mail and email.
Can I submit additional information after the petition has been filed?
Yes. If you obtain new information that is relevant to your case after you've filed your petition but before the respondent files its answer, you must request permission from the Trial Examiner to amend your petition.
If you obtain new information after the respondent has filed its answer, you must notify both the Trial Examiner and the respondents that you wish to amend your answer to add newly obtained factual information.
What if I learn of new, relevant information after all of the pleadings have been filed?
Contact your Trial Examiner to discuss this matter. Whether new information will be permitted varies depending on a number of factors, including the relevance of the information and whether a hearing will be held in the case.
What if my contact information changes?
You must notify OCB and all parties immediately.