1,430 result(s)
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251.
Warden School District, Decision 1235 (EDUC, 1981) - 09/03/1981
DECISIONS - Unfair Labor PracticeThe complainant alleges that Warden and Moxee conspired to discriminate against him because of his activity in the association. [...] An unfair labor practice is also committed if an employer discriminates against a job applicant based on union activities. [...] 3. By not hiring the complainant, Moxee School District No. 90 has not engaged in discrimination in violation of RCW 41.59.140(1)(c).
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252.
Ridgefield School District, Decision 13795 (PECB, 2024) - 02/20/2024
DECISIONS - Unfair Labor PracticeIt 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. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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253.
Washington State Department of Children, Youth, and Families (Washington Federation of State Employees), Decision 13328-A (PSRA, 2021) - 12/03/2021
DECISIONS - Unfair Labor PracticeThe 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: [...] 3. Assuming all the facts alleged to be true and provable, the discrimination allegation states a cause of action for:
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254.
State - Revenue, Decision 10415 (PSRA, 2009) - 05/22/2009
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Manager dismisses the allegations of the complaint concerning interference and discrimination involving employer health insurance proposals. [...] Regarding interference and discrimination over health insurance proposals, the FLWA alleges employer interference with employee rights in violation of RCW 41.80.110(1)(a) and discrimination in violation of RCW 41.80.110(1)(c), concerning health insurance proposals related to collective bargaining between the employer and [...] The allegations pertain instead to the interference and discrimination claim regarding dissemination of decertification information.
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255.
Olympic ESD 114, Decision 4361-A (PECB, 1994) - 07/25/1994
DECISIONS - Unfair Labor PracticeAllison arose out of an alleged discrimination against an employee in reprisal for filing a claim under the state law against discrimination. [...] . . . (3) To discriminate against a public employee who has filed an unfair labor practice charge ... [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge ...
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256.
Port of Walla Walla, Decision 9061 (PORT, 2005) - 08/22/2005
DECISIONS - Unfair Labor PracticeIssue 2: Was the layoff of Jake Riggs unlawful discrimination? Issue 3: Did the employer refuse to bargain over mandatory subjects of bargaining? [...] Combined with the actions discussed previously the union asserts that the layoff was a discrimination violation for his protected activities. [...] Test for Discrimination The test for discrimination is much more complex than an interference charge.
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257.
Washington State University, Decision 9046 (PSRA, 2005) - 07/28/2005
DECISIONS - Unfair Labor PracticeThe examiner determines that the employer did not discriminate against employees. [...] In order to demonstrate discrimination, the complainant must: 1. Establish a prima facie case of discrimination, showing: [...] Prima Facie Case of Discrimination To establish a prima facie case of discrimination, the union must prove a causal connection between the employee’s union activity and the disputed employer action.
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258.
City of Seattle, Decision 6852 (PECB, 1999) - 10/21/1999
DECISIONS - Unfair Labor PracticeThis case originated as, and continues to be, a “discrimination” complaint. [...] Standards for Discrimination Claims RCW 41.56.140(3) provides: it is an unfair labor practice for an employer “to discriminate against a public employee who has filed an unfair labor practice charge”. [...] A “discrimination” violation requires a finding of intent. Knowledge of the Unfair Labor Practice Complaint
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259.
Ben Franklin Transit, Decision 13550 (PECB, 2022) - 08/11/2022
DECISIONS - Unfair Labor PracticeDiscrimination It is an unfair labor practice for an employer to discriminate against public employees who have filed unfair labor practice charges. [...] The complainant maintains the burden of proof in a discrimination case. [...] The employer did engage in discrimination in violation of RCW 41.56.140(3).
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260.
SNOPAC, Decision 12342 (PECB, 2015) - 05/22/2015
DECISIONS - Unfair Labor PracticeDiscrimination It is an unfair labor practice for an employer to discriminate against employees for engaging in protected union activity. [...] The complainant maintains the burden of proof in discrimination cases. [...] Discrimination The union alleges that the employer discriminated against Schumann by terminating her employment.
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261.
City of Vancouver, Decision 10621-B (PECB, 2012) - 04/11/2012
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in employer discrimination cases. [...] To prove discrimination, the complainant must first make a prima facie case by establishing the following: [...] The first step in the analysis is to determine if the union established its prima facie case of discrimination.
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262.
Kitsap County, Decision 9326-A (PECB, 2008) - 04/07/2008
DECISIONS - Unfair Labor PracticeISSUE 4: Discrimination Charge Legal Principles RCW 41.56.140(1) prohibits interference with employee rights, which includes a prohibition of discrimination. [...] The union has the burden of proof in discrimination and interference claims. [...] Discrimination and interference claims are interrelated in that both require evidence of a protected activity.
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263.
City of Milton, Decision 8212 (PECB, 2003) - 09/26/2003
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), discrimination for filing an unfair labor practice charge in violation of RCW 41.56.140(3), and other unspecified unfair labor practices, by its suspension of McLeary for three days. [...] Four, the complaint referred to the filing of a charge of racial discrimination with the federal Equal Employment Opportunity Commission. [...] The Commission does not have jurisdiction over allegations of racial discrimination.
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264.
Port of Everett, Decision 10777 (PECB, 2010) - 06/09/2010
DECISIONS - Unfair Labor PracticeIt is not possible to conclude that a cause of action exists at this time for the allegations of the complaint concerning discrimination (and derivative interference), and domination or assistance of a union (and derivative interference). [...] Interference and Discrimination Interference and discrimination claims are separate causes of action with different elements of proof. [...] Discrimination in an unfair labor practice context concerns the deprivation of ascertainable employee rights, benefits, or status, in reprisal for union activities protected by Chapter 41.56 RCW. Discrimination claims require an indication that an employee was not only actually deprived of rights, benefits, or status, but
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265.
State - Parks and Recreation (Washington Federation of State Employees), Decision 9152 (PSRA, 2005) - 10/26/2005
DECISIONS - Unfair Labor PracticeThe allegations of the complaint in Case 19737-U-05-4997 concern employer interference with employee rights in violation of RCW 41.80.110(1)(a), domination or assistance of a union in violation of RCW 41.80.110(1)(b), discrimination in violation of RCW 41.80.110(1)(c), and discrimination for filing an unfair labor practice [...] Two, as for the complaint against the union, a violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that Edwards has previously filed an unfair labor practice complaint with the Commission. [...] The Commission has no jurisdiction concerning allegations of discrimination based on disability.
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266.
Cowlitz County, Decision 6523-A (PECB, 1998) - 12/23/1998
DECISIONS - Unfair Labor Practice• The boxes on the complaint form to allege “interference”, “discrimination”, and “refusal to bargain” were all checked. [...] That would constitute protected activity under the statute, and could constitute a basis for a “discrimination” claim filed by either an individual or the union in this case. [...] Another attorney responded with a request that his appearance be entered on behalf of Linda Parker as complainant on the discrimination issue alone.
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267.
Cowlitz County, Decision 6523 (PECB, 1998) - 12/22/1998
DECISIONS - Unfair Labor PracticeThe boxes on the complaint form to allege “interference”, “discrimination”, and “refusal to bargain” were all checked. [...] That would constitute protected activity under the statute, and could constitute a basis for a “discrimination” claim filed by either an individual or the union in this case. [...] Another attorney responded with a request that his appearance be entered on behalf of Linda Parker as complainant on the discrimination issue alone.
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268.
Bellevue School District, Decision 12767 (PECB, 2017) - 08/25/2017
DECISIONS - Unfair Labor PracticeThe Discrimination, Interference, and Domination Allegations With respect to the discrimination, interference, and domination allegations, the employer did not discriminate against Goncharoff and Jones in retaliation for the filing of the unfair labor practice charges. [...] Discrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of statutorily protected rights. [...] Application of Standards – Discrimination, Interference, Domination Discrimination
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269.
Eastern Washington University, Decision 13385 (PSRA, 2021) - 07/29/2021
DECISIONS - Unfair Labor PracticeEmployer Discrimination 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. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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270.
Washington State Ferries, Decision 12558 (MRNE, 2016) - 03/25/2016
DECISIONS - Unfair Labor PracticeThe complaint also states that “age discrimination [may be] a factor.” The age discrimination argument is not explained or developed in the complaint or amended complaint. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] Although the complaint also states that “age discrimination [may be] a factor,” the complaint and amended complaint do not contain facts describing age discrimination.
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271.
Green River College, Decision 12528 (CCOL, 2016) - 01/06/2016
DECISIONS - Unfair Labor PracticeThe amended complaint against the employer states causes of action for employer discrimination and derivative interference. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The amended complaint against the employer states causes of action for employer discrimination and derivative interference.
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272.
Grant Public Hospital District 1, Decision 8085 (PECB, 2003) - 06/04/2003
DECISIONS - Unfair Labor PracticeThe Washington Standard for Discrimination - The employer’s complete closure theory based upon Darlington ignores the absence of varying tests for “discrimination” allegations under Washington law. [...] The Commission embraced the Wilmot / Allison test for discrimination in Educational Service District 114, Decision 4361‑A (PECB, 1994). [...] The “discrimination” allegations advanced by the union in this case under RCW 41.56.140(1) and (3) must be dismissed.
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273.
State - Labor and Industries (Washington Federation of State Employees), Decision 9348 (PSRA, 2006) - 06/13/2006
DECISIONS - Unfair Labor Practice4. Did the union induce the employer to discriminate; Did the employer discriminate? [...] The union did not induce the employer to discriminate, and the employer did not discriminate. [...] IV. ISSUE 4: DID THE UNION INDUCE THE EMPLOYER TO DISCRIMINATE; DID THE EMPLOYER DISCRIMINATE?
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274.
Washington State University, Decision 11379 (PSRA, 2012) - 05/24/2012
DECISIONS - Unfair Labor PracticeThe employee maintains the burden of proof in employer discrimination cases. [...] To prove discrimination, the employee must first set forth a prima facie case by establishing the following: [...] 4. By its actions described in Finding of Fact 16, the employer did not discriminate against its employees in violation of RCW 41.80.110(1)(c).
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275.
Yakima County, Decision 11621 (PECB, 2013) - 01/15/2013
DECISIONS - Unfair Labor PracticeISSUES 3 & 4 – Discrimination and Interference RCW 41.56.140(1) prohibits an employer from discriminating in reprisal for the exercise of employee rights protected by the collective bargaining statute. [...] The test for discrimination requires the union to set forth a prima facie case showing that: [...] Issue 3 & 4 – Discrimination and interference with employee rights The union argues that the employer discriminated against the union when it laid-off and demoted members of the bargaining unit.