UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Abstention From Concerted Activity - Protected Activity
Single Topic for Decision 2069H
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300.02000 – Abstention From Concerted Activity – Protected Activity
Charging parties failed to establish that they engaged in protected activity by refusing to comply with union’s request that they participate in a demonstration in support of another union, where the charge failed to allege any facts showing that they ever affirmatively declined to participate in the demonstration. Even if they did, charging parties failed to establish that union was aware of their decision. To prove the knowledge element of the prima facie retaliation case, charging parties must establish "actual knowledge," meaning that the relevant individual or entity actually knew of the fact in question or was otherwise "clearly informed" of that fact.