EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Union Activity of Discriminatee

Single Topic for Decision 1742M


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504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.05000 – Union Activity of Discriminatee

Even if charging party’s statement to a fellow charge nurse that he was pro-union and had served as a union steward during previous employment experiences constituted protected activity, the charge failed to demonstrate that the county knew of charging party’s statements and that the county terminated charging party because of his protected activity. While charging party’s termination came within three weeks of his protected statement, charging party received his first negative evaluation before he made the statement. The charge failed to present any other nexus factors. (adopting warning letter at p. 3.)