LEEBA, 2 OCB2d 43 (BCB 2009) (IP) (Docket No. BCB-2556-06); (IP) (Docket No. BCB-2593-07) Summary of Decision: The Board issues a Supplemental Order mandating that both parties to a prior Board decision, LEEBA, 2 OCB2d 29 (BCB 2009), return to negotiations for a new collective bargaining agreement for those in the title of Environmental Police Officer, and that LEEBA bargain in good faith during those negotiations. In the original decision, the Board had refrained from ordering bargaining as a remedy for LEEBA’s bad faith conduct, because of the pendency of a related Board of Certification matter. (Official supplemental order follows.) OFFICE OF COLLECTIVE BARGAINING BOARD OF COLLECTIVE BARGAINING In the Matter of the Improper Practice Proceeding -between-CITY OF NEW YORK, Petitioner, - and LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION, Respondent. SUPPLEMENTAL ORDER On September 24, 2009, the Board issued a decision in LEEBA, 2 OCB2d 29 (BCB 2009), where we found that the Law Enforcement Employees Benevolent Association (“LEEBA”) breached its duty to bargain in good faith during the course of negotiations for a new collective bargaining agreement for Environmental Police Officers (“EPOs”). However, since a representation petition, docketed as RU-1260-09, was filed by a different union seeking to represent these same
2 OCB2d 43 (BCB 2009) 2 EPOs on June 10, 2009, and an election had been ordered by the Board of Certification in Council 82, 2 OCB2d 22 (BOC 2009), we held in abeyance an order directing the parties back to the bargaining table to bargain in good faith, pending determination of the representation proceeding. Subsequent to the LEEBA decision, 2 OCB2d 29, and pursuant to the Decision and Direction of Election in Council 82, 2 OCB2d 22, an election was held by mail ballot and the majority of EPO employees casting valid ballots voted to continue to be represented by LEEBA for purposes of collective bargaining. No party filed objections in the time provided, and the Board of Certification, in Council 82, 2 OCB2d 35 (BOC 2009) held that LEEBA remains the certified bargaining representative of Certification No. 5-2005. Since the pending Board of Certification matter has now been finally determined, we now complete the remedy for the violation found in LEEBA, 2 OCB2d 29, and order the parties to return to negotiations for a new collective bargaining agreement for those in the title of EPO, and that LEEBA bargain in good faith during those negotiations.
2 OCB2d 43 (BCB 2009) 3 ORDER Pursuant to the powers vested in the Board of Collective Bargaining by the New York City Collective Bargaining law, it is hereby ORDERED, that the parties in LEEBA, 2 OCB2d 29 (BCB 2009), return to negotiations for a new collective bargaining agreement for those in the title of EPO, and that LEEBA bargain in good faith during those negotiations. Dated: New York, New York December 23, 2009 MARLENE A. GOLD CHAIR GEORGE NICOLAU MEMBER CAROL A. WITTENBERG MEMBER M. DAVID ZURNDORFER MEMBER PAMELA S. SILVERBLATT MEMBER GABRIELLE SEMEL MEMBER
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