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

Single Topic for Decision 2265E

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PERB has held that where the adverse action precedes the exercise of protected rights, the necessary nexus between the adverse action and the protected activity is not shown; where the only instance of protected conduct of seeking the union’s assistance to file a grievance occurred after the alleged adverse action of reducing charging party’s hours, the reduction in hours does not demonstrate retaliation against charging party for her protected activity.