In determining whether an employer's motive for discharging was anti-union animus,the NLRB may consider

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The NLRB may consider substantial circumstantial evidence in determining whether an employer's motive for discharging was anti-union animus. While direct evidence is strong, circumstantial evidence can also be used to establish anti-union animus, such as the timing of the discharge or statements made by the employer. A scintilla of evidence is not enough, and evidence given in the presence of a jury is not relevant to the NLRB's determination.

In Determining Whether an Employer's Motive for Discharging Was Anti-Union