CASE PROCESSING PROCEDURES; EVIDENCE – Background Evidence and Matters Not Alleged
Single Topic for Decision 2387M
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1105.02000 – Background Evidence and Matters Not Alleged
While evidence of unlawful motive that occurred outside the six-month limitation period cannot be used to establish an independent violation, it can serve as background evidence of a respondent’s motive for conduct that is part of a timely allegation. Evidence of an employer’s conduct occurring outside the six-month limitations period, including impliedly coercive statements to employees, may be properly considered as evidence of anti-union motivation for allegations within the applicable limitations period.