EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Employer Statements or Conduct; Threats

Single Topic for Decision 1979C

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* * * OVERRULED IN PART ON OTHER GROUNDS by Napa Valley Community College District (2018) PERB Decision No. 2563. * * *

An employer’s statement that it is taking adverse action against an employee because of the employee’s protected activity provides direct evidence of the employer’s unlawful motivation and is sufficient in itself to establish the required nexus between the employee’s protected activity and the employer’s adverse action. Employer’s written statement that the employee was being suspended for using the employer’s e-mail system “to conduct union business” and for using the employer’s facilities “for union business without prior authorization” constituted direct evidence of the employer’s unlawful motivation sufficient to establish nexus.