Effective immediately, NYC Health + Hospitals has voluntarily recognized District Council 37, AFSCME, AFL-CIO, as the bargaining representative of the title described below. The Social Services bargaining unit, Certification No. 37-78, has been amended to reflect this addition.

The Board of Certification has settled litigation with the New York State Public Employment Relations Board regarding OCB's contract bar rule.   Please click here for a practice advisory.

Petitioner, pro se, claimed that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by improperly deciding not to advance her disciplinary grievance to arbitration. The Union argued that it did not breach its duty of fair representation because it represented her as it would any bargaining unit member. HHC also argued that the Union did not breach its duty of fair representation. The Board found that the petition did not establish that the Union breached its duty of representation. Accordingly, the petition was dismissed.

The Union alleged that DOT violated NYCCBL § 12- 306(a)(1), (4), and (5) by utilizing a private ferryboat operator to conduct passenger service on December 31, 2022, and thereby unilaterally transferring the exclusive bargaining unit duties of various Union-represented ferryboat officer titles. The City argued that it had no duty to bargain over its decision because the work of ferryboat officers was not performed exclusively by the Union's bargaining unit. The City further argued that its decision was a proper exercise of its managerial right to determine the methods, means, and personnel by which government operations are to be conducted. The Board found that the work was exclusive to the Union's bargaining unit and that DOT violated the duty to bargain in good faith by unilaterally assigning it outside the unit. Accordingly, the petition was granted.

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.

Petitioners alleged that DOF violated NYCCBL § 12- 306(a)(1) and (a)(3) by transferring the Union President and Second Vice President and disciplining, suspending, and placing on modified duty the Second Vice President and the Treasurer in retaliation for their union activity. The City argued that there is no causal link between the alleged retaliatory acts and the protected union activity and that it had legitimate business reasons for the transfers and disciplinary actions. The Board found that the Union established prima facie evidence of retaliation regarding the transfer of the Union President and that the City's purported business reasons for the transfer were pretextual. The Board found that the claim regarding the transfer of the Second Vice President was untimely and not properly before the Board. The Board further found that the Union did not establish a prima facie case regarding the discipline, suspension, and placement on modified duty of the Second Vice President and the Treasurer. Accordingly, the improper practice petition docketed as BCB-4498-23 was granted, and the improper practice petition docketed as BCB-4532-23 was denied.

Effective immediately, NYC Health + Hospitals has voluntarily recognized International Brotherhood of Teamsters, Local 237, City Employees Union, as the bargaining representative of the title described below. The Public Information and Health Titles bargaining unit, Certification No. 62C-75, has been amended to reflect this addition.

Effective immediately, NYC Health + Hospitals has voluntarily recognized International Brotherhood of Teamsters, Local 237, City Employees Union, as the bargaining representative of the title described below. The Public Information and Health Titles bargaining unit, Certification No. 62C-75, has been amended to reflect this addition.

Effective immediately, NYC Health + Hospitals voluntarily recognized Doctors Council as the bargaining representative of the title described below, and the Clinicians bargaining unit has been amended as follows to reflect this addition:

Petitioner, pro se, alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b)(3) by failing to adequately represent her regarding various reasonable accommodation issues. The Union and the City each argued that the Union did not breach its duty of fair representation. The Board found that Petitioner failed to establish that the Union violated the NYCCBL. Accordingly, the petition was dismissed.