EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

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An adverse employment action taken against a known union activist need not be inherently destructive if nondiscriminatory reasons warrant the action, because in such circumstances the action does not send the message that union activists will be disadvantaged. (p. 28.) While there are instances where animus establishing a prima facie case also triggers the inherently destructive standard, a nondiscriminatory personnel action need not be inherently destructive. (p. 29.)