EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

Single Topic for Decision 1920M

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An employee’s termination is motivated by anti-union animus, when his supervisor attempted to talk him out of filing the grievance, suggesting that filing the grievance would be a waste of his time, found him "insubordinate" and stated that he had a "bad attitude" when he refused to follow his "advice" about not filing the grievance. The District’s argument that a supervisor’s anti-union animus should not be attributed to the District was rejected where the District relied on and accepted that supervisor’s recommendation which led to termination of the employee.