The NYCCBL defines certain inappropriate practices on the part of employers and/or unions. For example, it is inappropriate for an employer covered by the NYCCBL (or its representatives) to discriminate against or retaliate against an employee for forming, joining or supporting a union. In addition, it is inappropriate for a union to fail in its obligation to fairly represent workers in its collective bargaining unit. To fully understand the types of activities protected by the NYCCBL, refer to the NYCCBL Act and the cases in which the law is interpreted. De Blasio`s deputy press secretary, Laura Feyer, told City & State in an email that the administration handled “virtually 100 percent of contracts in the first round of negotiations” in 2014 and 84 percent in the second round in 2018. When the next round of bargaining begins and which union sets the model for the others will depend on the strategic decisions of the unions and the city – either the current administration or the one that succeeds it. Nespoli, who is president of the Uniformed Sanitationmen`s Association, said he has always discussed ways to cut costs with the city, pointing to health care savings that the city`s labor committee had negotiated in previous rounds of collective bargaining. “There are two contracts, we saved $2.5 billion for New York City, and on the last contract, we saved two billion dollars, and then we got sick and died and everything,” he said. “Whoever takes the reins of this administration must recognize what the workers of the city have done. Nespoli criticized Blasio`s government for not settling for unions willing to accept the current cycle model, saying the city did not want to “complete” it. Nespoli said he believes the next round of negotiations will return to the government, which will take office in 2022. The NEW YORK OFFICE OF COLLECTIVE BARGAINING (OCB) was established with the passage of the New York City Collective Bargaining Act (NYCCBL) in 1967. OCB is a neutral body empowered to clarify issues of union representation (certifications) and to decide on matters relating to collective bargaining, retaliation or discrimination based on union activities and the union`s duty of fair representation.

Decisions on these matters are taken either by the Collective Bargaining Council or by the Certification Board. OCB also conducts mediations to resolve unreasonable practice claims, representation disputes and disputes over the terms of collective agreements. In addition, OCB administers the legal procedures for deadlock and arbitration of claims. Employees who work for an employer covered by the NYCCBL may file representation applications with the OCB to request union representation or to modify or eliminate the union representing a bargaining entity. Petitions may also be submitted by unions and employers to create, amend or decertify a collective bargaining unit. Click here for a description of the different types of petitions. In most cases of representation, the certification committee will assess whether workers are eligible for collective bargaining and/or whether the bargaining unit requested is appropriate. Public servants are considered eligible for collective bargaining; they are not eligible to participate only if the certification committee determines that they manage and/or are confidential.

Click here for NYCCBL definitions of management and privacy. Many petitions must be submitted within a certain period of time before the expiry of a collective agreement and/or require an expression of interest on the part of the employees concerned. To find out if a substitution application can be filed or if it is possible to properly file a substitution application with the OFC, consult the Representation Petition Guide or call or write to the Director of Representation at 212-306-7160 or nyc-ocb@ocb.nyc.gov. When New York City Mayor Bill de Blasio took office in 2014, all municipal collective agreements had expired and union leaders demanded retroactive wages of $7 billion. Although only a municipal union supported him during the primaries, de Blasio was considered a friend of the labor movement, and five months after taking office, the mayor struck a nine-year, $5.5 billion contract with the United Federation of Teachers that set the model for raising wages for the city`s 300,000 workers. As de Blasio`s second term draws to a close, the latest round of contracts negotiated under his administration will expire at a time when the city is facing the worst budget crisis in years. With personnel costs accounting for more than half of the budget, the outcome of the next round of collective bargaining will have a significant impact on New York`s finances in the coming years. The adoption of the NYCCBL in 1967 represented a commitment by New York City and its municipal unions to the collective bargaining process. The statute was created by the New York City Council after tripartite negotiations and agreements between city officials, municipal unions, and impartial labor relations professionals. When the law came into force, the structure of the OCB was uniquely designed to ensure neutrality in the resolution of labor disputes and the acceptance of labor and management.

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