1,430 result(s)
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1.
King County, Decision 12582 (PECB, 2016) - 06/02/2016
DECISIONS - Unfair Labor PracticeDiscrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of statutorily protected rights. [...] The complainant maintains the burden of proof in a discrimination case. [...] To prove discrimination, the complainant must first establish a prima facie case by showing:
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2.
Seattle Colleges, Decision 9753 (CCOL, 2007) - 06/20/2007
DECISIONS - Unfair Labor PracticeGreen claims that District 6 ‑ Seattle committed violations of interference, discrimination, discrimination for filing charges, refusal to bargain, other violations, and discrimination based on protected classes. [...] The amended complaint reasserts claims for employer interference, discrimination, and discrimination for filing charges. [...] Green reasserts employer interference and discrimination, and adds claims for employer domination and discrimination for filing charges.
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3.
Edmonds Community College, Decision 13000-A (CCOL, 2019) - 08/20/2019
DECISIONS - Unfair Labor PracticeDiscrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of statutorily protected rights. [...] The complainant maintains the burden of proof in a discrimination case. [...] Employer discrimination in violation of RCW 28B.52.073(1)(c) within six months of the date the complaint was filed by discriminating against Jeremy M. Matthews for filing grievances.
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4.
Kiona Benton City School District, Decision 11580 (EDUC, 2012) - 11/27/2012
DECISIONS - Unfair Labor PracticeEmployer discrimination and discrimination for filing charges The union checked the box on the complaint form for employer discrimination relative to an alleged violation of RCW 41.59.140(1)(c); however, the union does not cite that statute in the statement of facts. [...] Thus, the statement of facts states a claim for discrimination under 41.59.140(1)(c) regarding Oliver. [...] Discrimination against Lindholm The amended statement of facts restates the claim for discrimination against Lindholm relative to police action against him.
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5.
Lower Columbia College, Decision 9171 (PSRA, 2005) - 11/18/2005
DECISIONS - Unfair Labor PracticeIn discrimination cases, a derivative interference claim also exists and is dependent upon the underlying discrimination claim. [...] Under a discrimination analysis, McGlaughlin’s remarks, even taken in the worst light, do not meet the discrimination test. [...] Finally, a discrimination finding based on Jordan’s evidence would require a reformulation of the discrimination standard.
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6.
King County, Decision 6994-B (PECB, 2002) - 05/14/2002
DECISIONS - Unfair Labor PracticeIn Case 14042-U-98-3471, the Executive Director did not list a cause of action for discrimination; in Case 14454-U-99-35-81, the Executive Director did not list a cause of action for discrimination for filing charges or for an independent interference violation. [...] Interference and Discrimination Prohibited Chapter 41.56 RCW prohibits public employers from discriminating against or interfering with any public employee who exercises collective bargaining rights: [...] The Examiner did not find that the employer discriminated against Hammond and McKee, as detailed in the second complaint.
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7.
King County, Decision 12875 (PECB, 2018) - 06/06/2018
DECISIONS - Unfair Labor PracticeThe amended complaints do not state a cause of action for employer discrimination, employer refusal to bargain, or union discrimination violations. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity. [...] The amended complaints lack facts alleging employer discrimination and union discrimination, thus these violations are dismissed.
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8.
King County, Decision 12875 (PECB, 2018) - 06/06/2018
DECISIONS - Unfair Labor PracticeThe amended complaints do not state a cause of action for employer discrimination, employer refusal to bargain, or union discrimination violations. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity. [...] The amended complaints lack facts alleging employer discrimination and union discrimination, thus these violations are dismissed.
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9.
Port of Seattle (ILWU Local 9), Decision 3064-A (PECB, 1989) - 09/29/1989
DECISIONS - Unfair Labor PracticeRarely does a party charged with such misconduct admit the discrimination or broadcast its misdeed. [...] (b) The employer's 160-hour threshold perpetuated this pattern of discrimination against Minetti; and [...] Employer liability thus will be based on the general principles of discrimination set forth above.
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10.
Everett Community College, Decision 8850-A (PSRA, 2006) - 04/10/2006
DECISIONS - Unfair Labor Practice1. Discrimination for a medical disability and a request for reasonable accommodation. [...] Interference claims involve a less complex analysis than discrimination charges. [...] If a discrimination claim and an interference claim are based on the same set of facts, and a discrimination claim is dismissed for failing to meet the test of protected activities, an independent interference claim will not be found.
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11.
Granger School District, Decision 13036 (EDUC, 2019) - 07/16/2019
DECISIONS - Unfair Labor PracticeDiscrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of statutorily protected rights. [...] The complainant maintains the burden of proof in a discrimination case. [...] To prove discrimination, the complainant must first establish a prima facie case by showing that
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12.
University of Washington, Decision 11199-B (PSRA, 2013) - 04/23/2013
DECISIONS - Unfair Labor PracticeThe employee maintains the burden of proof in employer discrimination cases. [...] Union’s Prima Facie Case of Discrimination The first prong in the three-part test to establish a prima facie case of discrimination requires the union to prove that Lynne engaged in protected union activity. [...] Allison involved the employer’s alleged discrimination and retaliation against an employee who filed an age discrimination complaint after the employer eliminated her position in a reduction in force.
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13.
King County, Decision 13243 (PECB, 2020) - 09/24/2020
DECISIONS - Unfair Labor PracticeUnion Discrimination Generally, there are two types of union discrimination violations that this agency will process. [...] The second type of union discrimination is where a union discriminates against an employee for filing an unfair labor practice complaint with this agency or providing testimony at an agency conducted hearing. [...] The second amended complaint lacks facts alleging union discrimination.
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14.
Federal Way School District, Decision 13809 (PECB, 2024) - 04/03/2024
DECISIONS - Unfair Labor PracticeThe complaint alleges contract violations and general discrimination violations. [...] Discrimination Applicable Legal Standard It is an unfair labor practice for an employer to discriminate against employees for engaging in union activity. [...] The complainant maintains the burden of proof in discrimination cases.
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15.
City of Seattle (IFPTE Local 17), Decision 3763 (PECB, 1991) - 04/18/1991
DECISIONS - Unfair Labor Practice1. Duty to bargain in good faith on behalf of all employees in the bargaining unit, without invidious discrimination. [...] Inquiry to the Washington State Human Rights Commission has confirmed that the state law against discrimination, Chapter 49.60 RCW, does not regulate discrimination on the basis of sexual preference, so there is no state policy on which to base analysis similar to that used with regard to invidious discrimination on the [...] [2]The union had negotiated “seniority” provisions which discriminated against blacks.
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16.
State - Corrections, Decision 12002 (PSRA, 2014) - 03/07/2014
DECISIONS - Unfair Labor PracticeDid the employer discriminate by placing Jimmy Fletcher under investigation? [...] The complainant maintains the burden of proof in discrimination cases. [...] Consequently, there was no discrimination as to the video investigation.
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17.
King County (Amalgamated Transit Union Local 587), Decision 13453 (PECB, 2021) - 12/21/2021
DECISIONS - Unfair Labor PracticeDiscrimination for filling Unfair Labor Practice Applicable Legal Standard [...] The elements necessary for a union discrimination violation are the same for other discrimination allegations. [...] There are two types of union discrimination violations within the Commission’s jurisdiction: (1) union discrimination for filing a complaint/testimony before PERC or (2) the union inducing the employer to commit a violation or union discrimination.
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18.
Ben Franklin Transit, Decision 13649-A (PECB, 2023) - 07/20/2023
DECISIONS - Unfair Labor PracticeThe Allegations of National Origin and Race Discrimination Were Properly Dismissed [...] 1 The order is confusing, though, in that it first finds that the complaint does not allege discrimination under RCW 41.56 and then orders a discrimination claim to proceed. [...] [4] This type of conduct would more accurately be described as “retaliation” rather than discrimination in order to distinguish it from discrimination based on protected characteristics.
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19.
City of Ocean Shores, Decision 12984 (PECB, 2019) - 03/28/2019
DECISIONS - Unfair Labor PracticeUnion Discrimination Generally, there are two types of union discrimination violations that this agency will process. [...] The second type of union discrimination is where a union discriminates against an employee for filing an unfair labor practice complaint with this agency or providing testimony at an agency conducted hearing. [...] For both kinds of discrimination, an employee may use circumstantial evidence to establish the prima facie case of discrimination because respondents do not typically announce a discriminatory motive for their actions.
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20.
Port of Seattle (ILWU Local 9), Decision 3064 (PECB, 1988) - 12/16/1988
DECISIONS - Unfair Labor PracticeThis is so even if the employer has no actual knowledge of the Union's discrimination. [...] The collective bargaining agreement between the Port and Local 9 has among its provisions a non-discrimination clause which prohibits discrimination "with respect to union membership". [...] The Port's argument here that there is no discrimination because employees who are good workers are requested back and therefore they achieve membership status is not persuasive when there is discrimination present.
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21.
Kiona-Benton City School District, Decision 11563 (EDUC, 2012) - 11/01/2012
DECISIONS - Unfair Labor PracticeDiscrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of statutorily protected rights. [...] The employee maintains the burden of proof in such discrimination cases. [...] I find the union’s recall arguments are not persuasive to make its case for discrimination.
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22.
Tacoma School District, Decision 5466-D (EDUC, 1997) - 12/16/1997
DECISIONS - Unfair Labor Practice• A complainant claiming unlawful discrimination must first make out a prima facie case,showing that: [...] Since we find no employer discrimination in this case, below, we are hard pressed to find that the union had any influence on any employer discrimination. [...] • Mehlhaff claims that work assignments and discrimination against Carlson were not at issue, but her arguments and evidence at hearing included Carlson's work assignments in what appears to have been an effort to bolster her own claim of discrimination.
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23.
Tacoma School District (Tacoma Education Association), Decision 5465-E (EDUC, 1997) - 12/16/1997
DECISIONS - Unfair Labor Practice• A complainant claiming unlawful discrimination must first make out a prima facie case, showing that: [...] Since we find no employer discrimination in this case, below, we are hard pressed to find that the union had any influence on any employer discrimination. [...] • Mehlhaff claims that work assignments and discrimination against Carlson were not at issue, but her arguments and evidence at hearing included Carlson's work assignments in what appears to have been an effort to bolster her own claim of discrimination.
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24.
Edmonds Community College, Decision 13000 (CCOL, 2019) - 05/09/2019
DECISIONS - Unfair Labor PracticeThe amended complaint lacks specific facts alleging a discrimination violation. [...] Discrimination The statement of facts also lacks elements necessary to allege a discrimination violation. [...] The complainant maintains the burden of proof in a discrimination case.
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25.
City of Normandy Park, Decision 12411 (PECB, 2015) - 09/03/2015
DECISIONS - Unfair Labor PracticeLegal Standards for Discrimination Allegations It is an unfair labor practice for an employer to discriminate against employees for engaging in union activity. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity. [...] The only type of discrimination that the Commission can address is discrimination for engaging in or refraining from protected union activity.