UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – In General

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The test for resolving allegations of discrimination set out in Novato applies to charges filed under the Dills Act; p. 11. The standard applied to cases involving employer misconduct is appropriate in cases involving employee organization discrimination; pp. 11-12. In order to establish unlawful discrimination under Novato, the charging party bears the burden of showing he engaged in protected activity; the respondent knew of his participation in protected activity; and the respondent took adverse action motivated by that activity; p. 12.