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

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Prima facie case of retaliation established because employer fired employee in part for absences on days when employee was conducting union business. Employer established affirmative defense that it would have fired employee absent protected activity because denials of union business leave were based on legitimate operational need and absences for failure to report for work on days when leave was denied, along with days absent for personal reasons and days for which employee failed to properly request union leave, were sufficient to support termination under parties’ MOU.