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

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Union did not establish retaliation based upon termination of employee two days after participating in negotiations. Pursuant to the terms of the parties’ MOU, the employer took the action based upon the employee having incurred ten charged absences in 12 months. The 10th incident occurred when the employee failed to provide 24-hour notice of request for union business leave, as required by established past practice and contract.