EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action
Single Topic for Decision 2265E
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504.04000 – Timing of Action
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.