What is the burden of establishing a prima facie case in a union organizing case?

Horne's burden of establishing a prima facie case was quite minimal. (See Burdine, supra, 450 U.S. at p. 253, 101 S.Ct. 1089 ; Wills v. Superior Court, supra, 195 Cal.App.4th at p. 159, 125 Cal.Rptr.3d 1.) On that threshold inquiry, we conclude that evidence bearing on his statutory disqualification from a union organizing position was not barred by the after-acquired evidence doctrine. When the issue before the trial court is not employer motive but applicant qualification, evidence that the applicant was disqualified as a matter of law at the time of the employment decision is relevant, whenever the

[165 Cal.Rptr.3d 150]