that any behavior described in subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. (ii) Showing by labor organization officer Notwithstanding a finding by the Secretary of Labor that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the labor organization officer demonstrates, by clear and convincing evidence, that the labor organization officer would have taken the same unfavorable personnel action in the absence of that behavior. (iii) Criteria for determination by Secretary of Labor The Secretary of Labor may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. (iv) Prohibition Relief may not be ordered under subparagraph (A) if the labor union officer demonstrates by clear and convincing evidence that the labor union officer would have taken the same unfavorable personnel action in the absence of that behavior. (3) Final order (A) Deadline for issuance