EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action

Single Topic for Decision 2096E


View all topics for Decision 2096E

Full Decision Text (click on the link to view): Full Text

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

The proximity in time between protected activity and adverse action goes to the strength of the inference of unlawful motive, but is not determinative in itself. Charging party filed a grievance without union assistance, utilizing private counsel through the grievance procedure. The union's denial of the arbitration request was proximate to charging party's ongoing self representation.