EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Union Activity of Discriminatee

Single Topic for Decision 2806E

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The Board found that the District’s Notice of Paid Administrative Leave indicated animus toward employee/union president’s protected activity. The Notice barred employee from entering District property, where it knew the union held its meetings, and from contacting District employees about the investigation, which would undermine employee’s ability to prepare for her investigatory interview and mount her own defense. Despite being advised of these problems, the District did not immediately modify the prohibitions and instead kept them in place for almost six weeks. (p. 35.)