EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

Single Topic for Decision 2019E

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Burden of proof is on union to demonstrate unlawful motivation for adverse action. Union failed to establish that criticisms contained in a written reprimand concerning his conduct at a staff meeting and for moving a co-worker’s tools were exaggerated or embellished. Absent evidence casting suspicion on the employer, reliance on direct supervisors’ reports for disciplinary actions is not evidence of unlawful motivation. No unlawful motivation can be found based on discipline for acts cited in previous disciplinary memos, given employer’s progressive disciplinary system. Disciplinary notice and suspension merely carried out earlier recommendations consistent with progressive discipline policy.