UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – In General
Single Topic for Decision 2194E
Full Decision Text (click on the link to view): Full Text
801.01000 – In General
In analyzing allegations of discrimination that also violate the duty of fair representation, the Board follows the principles applicable for violations of parallel provisions prohibiting employer interference and reprisals. In order to prevail on a discrimination theory, the charging party must establish: (1) the employee exercised rights guaranteed by EERA; (2) the employee organization had knowledge of the employee’s exercise of those rights; (3) the employee organization took adverse action against the employee; and (4) the employee organization took the action because of the exercise of those rights.