Fred was an employee of the General Electric Storage Company. He was fired and he claimed that he was discharge d because he was a member of the local labor union for electricians. He declared that he was fired because he was a member of the labor union. General Electric asserted that Fred was fired because he was always late for work. Fred filed an unfair labor practice complaint with the National Labor Relations Board. The NLRB examiner held a hearing at which evidence was presented showing that Fred was late more than 10 times in a month. Other evidence presented showed that the employer was opposed to labor unions. The NLRB decided to believe Fred's witnesses and concluded that he had been fired because he belonged to the union. Using IRAC determine the outcome of the employer's appeal?