EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action

Single Topic for Decision 0221E

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District violated EERA section 3543.5(a) when it disciplined two employees because of union activities. Conversations between one discriminatee and other employees, which formed the basis for charges of misconduct against him, concerned the subject of the need for adherence to the contract between union and District - hence protected activity. Timing, harsh response of employer to protected activities, suspect investigation of wrongdoing of employees, shifting reasons for dismissal, etc., show unlawful motivation. District failed to show legitimate operational purpose to explain its actions.