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.

18-OCB2d-1-BCB-2025-s0A.pdf