EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Single Topic for Decision 2611M
View all topics for Decision 2611M
Full Decision Text (click on the link to view): Full Text
504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Separate but related unfair practices may provide circumstantial evidence of union animus, thus supporting a finding that adverse actions were taken because of that animus. (p. 17) Two supervisors involved in or aware of the employer’s prior interference with and unilateral changes to representation rights consulted on an investigation of alleged misconduct by an employee representative, resulting in discipline. The ALJ appropriately considered these relevant facts, in addition to other nexus elements, to impute union animus to the supervisors. (pp. 17-18.)