1,430 result(s)
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226.
City of Yakima, Decision 10270 (PECB, 2009) - 01/16/2009
DECISIONS - Unfair Labor PracticeDiscrimination The Commission decides discrimination cases under standards drawn from decisions of the Supreme Court of the State of Washington. [...] Analysis – Discrimination Issue 3: Did the employer discriminate against Officer Elaine Gonzalez in reprisal for protected union activities? [...] c Discriminating against any employee for engaging in protected union activities.
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227.
Washington State Department of Children, Youth, and Families (Washington Federation of State Employees), Decision 13774 (PSRA, 2024) - 01/29/2024
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] Discrimination It is an unfair labor practice for a bargaining representative “[t]o discriminate against an employee because that employee has filed charges or given testimony under [the state collective bargaining] chapter.” RCW 41.80.110(2)(c). [...] The third element of the prima facie case of discrimination, however, has not been met.
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228.
Port of Seattle (ILWU Local 9), Decision 3294-A (PECB, 1991) - 01/16/1991
DECISIONS - Unfair Labor PracticeThis case is of the relatively rare type where union discrimination is alleged, but the principles are not different from more familiar situations. [...] The employer, through Trinka, was guilty of discrimination in the conferral of seniority upon all of the "favored four". [...] Weinreich's standing to pursue discrimination against him is not a basis for awarding back pay to an unknown stranger to these proceedings.
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229.
City of Seattle (IFPTE Local 17), Decision 3199-B (PECB, 1991) - 03/19/1991
DECISIONS - Unfair Labor PracticeEssential to finding a "discrimination" unfair labor practice is a showing that the union was aware of the protected activity, and that it intended to discriminate against the bargaining unit member. [...] All factions and segments of the membership of Local 17 will be treated without hostility or discrimination; [...] There is no evidence that the union's conduct toward Keiffer unlawfully interfered with his rights or discriminated against him.
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230.
King County (King County Corrections Guild), Decision 12946 (PECB, 2018) - 11/29/2018
DECISIONS - Unfair Labor PracticeDiscrimination Generally, there are two types of union discrimination violations that this agency will process. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership. [...] The claims of union discrimination that occurred in 2016 and 2017 are instances that occurred well outside of the six-month statute of limitations.
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231.
Port of Walla Walla, Decision 9061-A (PORT, 2006) - 08/15/2006
DECISIONS - Unfair Labor Practice2. Did the employer unlawfully discriminate against bargaining unit employee Jake Riggs by terminating his employment? [...] Where the complainant establishes a prima facie case of discrimination, the employer need only articulate non-discriminatory reasons for its actions. [...] Application of Discrimination Standard Riggs initiated contact with the union prior to the union’s petition, and was instrumental in the organizing campaign.
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232.
Renton Technical College, Decision 7441-A (CCOL, 2002) - 05/14/2002
DECISIONS - Unfair Labor PracticeInterference and Discrimination Prohibited - Chapter 28B.52 RCW prohibits community colleges and technical colleges from interfering with or discriminating against academic employees who exercise collective bargaining rights: [...] An ultimate finding concerning discrimination and interference was set forth in challenged Finding of Fact 21, as follows: [...] The findings of fact support the Examiner’s conclusion that the employer committed discrimination and interference unfair labor practices.
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233.
City of Puyallup, Decision 7490 (PECB, 2001) - 09/05/2001
DECISIONS - Unfair Labor Practice• The union had not alleged discrimination in its grievances or in the early correspondence on those grievances, and never established why the investigations conducted in connection with Garay's earlier discrimination claim were relevant to the arbitration proceeding,[17] but the employer still provided the documents from [...] Like Garay's memorandum, the counsel's response made no mention of alleged discrimination or retaliation. [...] Further, there was no reference in the grievance documents to Article 26 of the collective bargaining agreement, which addresses “discrimination.”
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234.
Shoreline School District, Decision 9117 (EDUC, 2005) - 09/26/2005
DECISIONS - Unfair Labor PracticeThe employer must file and serve its answer to the interference and discrimination allegations within 21 days following the date of this decision. [...] 1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the complaint state a cause of action, summarized as follows: [...] The interference and discrimination allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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235.
City of Pasco, Decision 11017 (PECB, 2011) - 03/08/2011
DECISIONS - Unfair Labor PracticeNunez alleged that racial discrimination was a motivation for the employer’s actions. [...] The Commission has no jurisdiction over claims of race-based discrimination. [...] Nunez’s conclusory statements in the rebuttal do not state causes of action for employer interference and discrimination in violation of RCW 41.56.140(1), or discrimination for filing charges in violation of RCW 41.56.140(3) [and derivative interference in violation of RCW 41.56.140(1)].
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236.
University of Washington, Decision 13352 (PSRA, 2021) - 05/27/2021
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. [...] Johnson Cannot Establish a Prima Facie Case of Discrimination Johnson met his burden to prove the first two elements of a prima facie case of discrimination.
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237.
King County (Amalgamated Transit Union, Local 587), Decision 12815 (PECB, 2018) - 01/08/2018
DECISIONS - Unfair Labor PracticeTherefore, Brown failed to establish that the union discriminated against him in violation of the statute. [...] When discrimination is claimed, the complainant must first establish a prima facie case of discrimination, which, to do so, the complainant must show: [...] Therefore, Brown failed to establish that the union discriminated against him in violation of the statute.
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238.
King County (Washington State Council of County and City Employees), Decision 12400 (PECB, 2015) - 08/20/2015
DECISIONS - Unfair Labor PracticeDiscrimination Must be Related to Union Activity for the Commission to Have Authority [...] The Commission doesn’t have authority to address general allegations of discrimination, unequal treatment, or hostile work environment. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity.
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239.
Whatcom Transit Authority (Amalgamated Transit Union Local 843), Decision 8370 (PECB, 2004) - 03/01/2004
DECISIONS - Unfair Labor PracticeThe allegations of the complaint in Case 17356-U-03-4484 concern employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), domination or assistance of a union in violation of RCW 41.56.140(2), discrimination for filing an unfair labor practice charge in violation of RCW 41.56.140(3), [...] One, the Public Employment Relations Commission does not have jurisdiction concerning reasonable accommodation for an on-the-job injury, or allegations of discrimination based on disability. [...] Four, in relation to the allegations of discrimination under RCW 41.56.140(1), the complaint fails to allege facts indicating that the employer's actions were taken in reprisal for union activities protected under Chapter 41.56 RCW.
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240.
King County (WSCCCE), Decision 7139 (PECB, 2000) - 08/03/2000
DECISIONS - Unfair Labor PracticeInstead of furnishing necessary information, Carr has made accusations of racial discrimination which do not fall within the Commission’s jurisdiction. [...] On the complaint form in Case 14938-U-99-3767, Carr marked boxes to allege that the employer had interfered with employees rights, dominated or assisted the union, discriminated against Carr, discriminated against Carr for filing unfair labor practice charges, refused to bargain in good faith, and committed “other” unfair [...] Discrimination Outside of Collective Bargaining Statute - The complaints in these cases appear to allege violations of the statute(s) which prohibit forms of discrimination other than discrimination related to union activity.
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241.
Seattle School District, Decision 11176 (PECB, 2011) - 09/19/2011
DECISIONS - Unfair Labor PracticeThe discrimination allegations were found to be defective. It is an unfair labor practice for an employer to discriminate against an employee in reprisal for union activities by depriving the employee of ascertainable rights, benefits, or status. [...] Neither the statement of facts nor the remedy request mention discrimination allegations. [...] However, it is not clear if the union intended to allege discrimination by checking that box on the amended complaint form.
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242.
City of Vancouver, Decision 10621 (PECB, 2009) - 12/14/2009
DECISIONS - Unfair Labor PracticeA union alleging that an employer is interfering with, discriminating against, or refusing to bargain with the union should file complaints based upon those allegations. [...] 1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the complaint state a cause of action, summarized as follows: [...] The allegations of the complaint concerning interference and discrimination will be the subject of further proceedings under Chapter 391-45 WAC.
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243.
Snohomish County (Snohomish County Corrections Guild), Decision 10255 (PECB, 2008) - 12/18/2008
DECISIONS - Unfair Labor PracticeInvidious discrimination claims are rarely made; in fact, there are no controlling Commission precedents involving findings of invidious discrimination related to a union’s duty of fair representation. [...] Frese states that the union officers are all Caucasian males and implies that the union discriminated against her because of her status as an Asian female. [...] An accusation of invidious discrimination alone, without sufficient supporting facts, does not state a cause of action for union interference through a breach of its duty of fair representation.
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244.
Whatcom Community College, Decision 7421 (CCOL, 2001) - 06/01/2001
DECISIONS - Unfair Labor Practice(d) To discharge or discriminate otherwise against an employee because that employee has filed charges . . . [...] A finding of employer intent is necessary to find a discrimination violation. [...] The evidence is thus sufficient to establish a prima facie case of discrimination under RCW 28B.52.073.
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245.
City of Seattle, Decision 3066 (PECB, 1988) - 12/20/1988
DECISIONS - Unfair Labor PracticeThus, "intent" is a crucial element which must be proven in a discrimination case. [...] The second involves a discrimination allegation, as non-represented employees were permitted to work the 4/40 schedule. [...] The union's "discrimination" allegations arising out of the same facts must also be dismissed.
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246.
State - Labor and Industries (Washington Federation of State Employees), Decision 9682 (PSRA, 2007) - 05/21/2007
DECISIONS - Unfair Labor PracticeNine, in relation to the allegations concerning discrimination against employees who should be excluded as confidential employees, RCW 41.80.005(4) provides as follows: [...] Ten, in relation to the allegations concerning discrimination against employees asserting a religious-based right of nonassociation to the payment of union dues or fees, Chapter 41.80 RCW provides as follows: [...] In relation to defect ten, the amended complaint does not provide sufficient facts indicating employer discrimination concerning the assertion of a religious-based right of nonassociation by Conn to the payment of union dues or fees.
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247.
Aberdeen School District, Decision 6434 (PECB, 1998) - 09/28/1998
DECISIONS - Unfair Labor PracticeThat policy shift was precipitated by two decisions of the Supreme Court of the State of Washington on discrimination claims arising under other statutes. [...] A complainant has the burden to establish a prima facie case of discrimination, including that: [...] Although the analysis could end with the conclusion that the union has failed to make out a prima facie case of discrimination, the
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248.
Spokane County, Decision 2793 (PECB, 1987) - 10/23/1987
DECISIONS - Unfair Labor Practice* * * 6) Handicap Language - Discrimination - Add: "Handicap" (Language to be developed.) [...] * * * Discrimination The union countered the County's proposal by proposing that neither party to the contract could discriminate against employees because of the employee's sexual preference. [...] Currently, there is no reference to the handicapped in the discrimination clause.
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249.
State - Washington State Patrol, Decision 12607 (PECB, 2016) - 09/15/2016
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in discrimination cases. [...] When deciding cases based on employer discrimination, the Commission may consider vicarious liability. [...] Accordingly, the union’s allegation of discrimination (and derivative interference) is dismissed.
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250.
King County (Public Safety Employees Local 519), Decision 3318 (PECB, 1989) - 10/16/1989
DECISIONS - Unfair Labor Practice• • • (3) To discriminate against a public employee who has filed an unfair labor practice charge; ... [...] Daly sees the incident as one more example of employer discrimination and reprisal against him for pursuing his grievance. [...] By its actions, the employer has discriminated against Daly because of his exercise of his right to process a grievance.