EMPLOYER DISCRIMINATION; DISCRIMINATION – Lack of Knowledge of Protected Activity
Single Topic for Decision 2349M
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501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.03000 – Knowledge of Protected Activity
501.03000 – Knowledge of Protected Activity
The charging party failed to prove that the employer’s decision maker knew of the charging party’s union activity at the time of the decision to deny charging party’s request for reclassification, where the decision maker was relatively new to her position, had not dealt with the charging party in his capacity as a union official, and did not rely on potentially biased information from subordinate managers in reaching her decision to deny the charging party’s reclassification. (subordinate bias liability theory).