Decision –
Decision Date:
Decision Type:
Decision Headnotes
504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General
504.14000 – Other/In General
Employer's knowledge of employee's protected activity is not enough to establish nexus.
401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.
401.01000 – In General; Prima Facie Case.
The distinction between "interference" and "discrimination" is often blurred; discrimination against organizers may interfere with the right of employees to form and participate in employee organizations; in the instant case however, union did not meet burden of proof; pp. 19-20.
409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.01000 – Business Necessity
409.01000 – Business Necessity
Employer's proffered explanation for its actions was reasonable and legitimate and outweighed the harm done to employee rights; thus no interference violation.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Absent a finding of inherently destructive employer conduct, a finding of anti-union motive must be established; p. 23.