EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action
Single Topic for Decision 2096E
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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.