PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – NLRA/LMRDA Precedent

Single Topic for Decision 0210E

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The NLRB and courts have generally considered employer discriminatory conduct to be covered by section 8(a)(3) of the NLRA, whereby it must be proven that the employee was engaged in protected activity and that the employer's conduct was motivated by that participation. Because retaliatory conduct is inherently volitional in nature, the same requirments are appropriate under EERA; pp. 5-6.