1,430 result(s)
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276.
Washington State Department of Corrections, Decision 13095 (PSRA, 2019) - 11/07/2019
DECISIONS - Unfair Labor PracticeApplicable Legal Standard - 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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277.
Pierce County Public Transportation Benefit Area, Decision 9074 (PECB, 2005) - 08/29/2005
DECISIONS - Unfair Labor PracticeThe allegations of the complaint 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), and an unspecified “other [...] Two, 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. [...] The amended complaint withdrew the allegations of the complaint concerning employer 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), and an unspecified “other
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278.
Franklin County, Decision 13726 (PECB, 2023) - 10/09/2023
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. [...] He does not have the right to discriminate against employees because of this.
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279.
City of Winlock, Decision 4783 (PECB, 1994) - 09/29/1994
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] In 1991, the Supreme Court of the State of Washington issued two decisions which reject reliance upon Mt. Healthy in discrimination cases under state law. [...] Washington's law against discrimination contains a sweeping policy statement strongly condemning many forms of discrimination.
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280.
Pierce County, Decision 13397 (PECB, 2021) - 08/23/2021
DECISIONS - Unfair Labor PracticeDarby’s Protected Activity and Allegations of Discrimination The evidence concerning Darby’s protected activity is largely undisputed. [...] 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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281.
City of Centralia, Decision 2904 (PECB, 1988) - 04/07/1988
DECISIONS - Unfair Labor Practice* * * (3) To discriminate against a public employee who has filed an unfair labor practice charge;[10] [...] Discrimination is the unlawful deprivation of an ascertainable right. [...] A prohibition on "discrimination" is found in RCW 41.56.040, and so is incorporated by reference into RCW 41.56.140(1).
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282.
Mukilteo School District, Decision 5899-A (PECB, 1997) - 07/24/1997
DECISIONS - Unfair Labor PracticeLegal Standards for Discrimination Cases Chapter 41.56 RCW prohibits employers from discriminating against public employees who exercise the rights secured by the collective bargaining statute: [...] A complainant has the burden to establish a prima facie case of discrimination. [...] Roberts has failed to establish a prima facie case of discrimination.
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283.
City of Brier, Decision 10013 (PECB, 2008) - 03/21/2008
DECISIONS - Unfair Labor PracticeThe Commission decides discrimination allegations under standards drawn from decisions of the Supreme Court of the State of Washington. [...] Grass has shown that the employer discriminated against him in reprisal for protected union activities in violation of RCW 41.56.140(1). [...] a. Discriminating against Paul Grass in reprisal for his participation in protected union activities;
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284.
University Place School District, Decision 9341 (EDUC, 2006) - 05/31/2006
DECISIONS - Unfair Labor PracticeIssue 2: Did the employer discriminate against Renee Verone because she exercised protected rights? [...] Issue 2: Did the employer discriminate against Renee Verone because she exercised protected rights? [...] If it is, the complainant has established a reasonable inference of discrimination.
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285.
King County (King County Security Guild), Decision 12907 (PECB, 2018) - 08/22/2018
DECISIONS - Unfair Labor PracticeThe Commission asserts jurisdiction in duty of fair representation cases when an employee alleges its union aligned itself in interest against employees it represents based on invidious discrimination. [...] Additionally, no other evidence was brought forward that the union discriminated against Lee based on other forms of discrimination, such as union membership, race, national origin, etc. [...] No reasonable person would make the connection that Griffin or Sanders favored Lester over Lee based on gender and that this presumed discrimination was the reason why Lee’s grievance was not timely filed.
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286.
Seattle School District (Seattle Education Association), Decision 4917 (EDUC, 1994) - 11/21/1994
DECISIONS - Unfair Labor PracticeExamples would include discrimination against employees who are not union members,[3] and discrimination on the basis of race,[4] sex, creed, or other invidious grounds. [...] An organization found guilty of such discrimination could risk forfeiture of its status as exclusive bargaining representative of the entire bargaining unit involved. [...] The amended complaint details that the "age discrimination" claim filed with the EEOC in September of 1993 was amended in July of 1994, to allege discrimination on the basis of "race".
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287.
Seattle School District, Decision 4534 (EDUC, 1993) - 11/04/1993
DECISIONS - Unfair Labor PracticeNo cause of action exists here as to an allegation of discrimination on the basis of race or sex.[7] [...] No cause of action exists here as to an allegation of discrimination on the basis of race or sex,for reasons set forth above.[11] [...] The grievances filed by Stephens contain numerous references to and allegations of discrimination by employer officials on the basis of race or sex, but there is nothing among the documents filed on May 3, 1993 which suggests that the union has discriminated based on race or sex in its handling of the grievances filed by
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288.
King County (King County Corrections Guild), Decision 12944 (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 second 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.
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289.
King County, Decision 11221-A (PECB, 2011) - 03/21/2012
DECISIONS - Unfair Labor PracticeDiel alleged that the employer discriminated against him. Therefore, it is appropriate to evaluate whether the facts alleged establish a prima facie case of discrimination. [...] The employee maintains the burden of proof in such discrimination cases. [...] To prove discrimination, the employee must first set forth a prima facie case by establishing the following:
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290.
Seattle School District, Decision 12672 (EDUC, 2017) - 03/23/2017
DECISIONS - Unfair Labor PracticeEmployer Discrimination Employer discrimination in violation of RCW 41.59.140(1)(c) [and if so, derivative interference in violation of RCW 41.59.140(1)(a)] by: [...] Chapter 41.59 RCW prohibits employer interference, domination, and discrimination. [...] The union maintains the burden of proof in employer discrimination cases.
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291.
City of Pullman, Decision 11148 (PECB, 2011) - 08/24/2011
DECISIONS - Unfair Labor PracticeDiscrimination An employer unlawfully discriminates when it takes action against an employee in reprisal for the employee's exercise of rights protected by Chapter 41.56 RCW. Educational Service District 114, Decision 4361-A (PECB, 1994). [...] The complainant maintains the burden of proof in employer discrimination cases. [...] Discrimination The union alleges that the employer unlawfully discriminated against Reiber when it took disciplinary action against him for creating a hostile work environment.
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292.
Washington State Department of Children, Youth, and Families, Decision 13329-B (PSRA, 2023) - 04/05/2023
DECISIONS - Unfair Labor Practice - ON APPEAL IN COURTInitially, I find that Zarate successfully established a prima facie case of discrimination against the employer. [...] 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 the following:
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293.
Okanogan Public Hospital District 4, Decision 5809 (PECB, 1997) - 01/22/1997
DECISIONS - Unfair Labor PracticeStandards for Determining “Discrimination” Claims RCW 41.56.040 gives public employees a right to organize and select representatives of their own choosing, free from interference and discrimination. [...] The complainant has established a prima facie case of unlawful discrimination. [...] The employer has discriminated against Schwilke in violation of RCW 41.56.140(1).
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294.
Brewster School District, Decision 3027 (PECB, 1988) - 10/13/1988
DECISIONS - Declaratory Rulingthe use of affirmative action to redress historical patterns of discrimination; [...] The WEA has legal restraints on it with regard to employment discrimination on the basis of sexual orientation. [...] The National Education Association has adopted only a statement regarding discrimination based on "sexual orientation".
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295.
King County (King County Corrections Guild), Decision 12943 (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 second 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.
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296.
Clark County (WSCCCE), Decision 8491 (PECB, 2004) - 04/05/2004
DECISIONS - Unfair Labor PracticeThe allegations concerning employer discrimination under RCW 41.56.140(1) do not state a cause of action. [...] The follow-up document filed by Wiser on February 24, 2004, alleged age and sex discrimination by the employer. [...] The Public Employment Relations Commission does not have jurisdiction over allegations of age and sex discrimination.
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297.
City of Lynnwood, Decision 6986 (PECB, 2000) - 03/07/2000
DECISIONS - Unfair Labor Practice• While the Commission determines allegations of discrimination related to union activities, it does not have jurisdiction over other forms of unlawful discrimination .Just as claims of discrimination on the basis of sex, race, creed, national origin, etc., must be processed before the Washington State Human Rights [...] Similarly, claims of discrimination for whistleblowing in public employment would have to be pursued through the Office of the State Auditor or a local whistleblower program. [...] Employer Discrimination for Filing Charges The complainant marked the box on the complaint form to allege "employer discrimination for filing charges", which is a violation of RCW 41.56.140(3).The reference to "filing charges" is statutorily limited to complaints filed with the Public Employment Relations Commission, and is
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298.
Chelan County, Decision 13308-A (PECB, 2021) - 07/08/2021
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Administrator issued a preliminary ruling for employer discrimination. [...] The Examiner concluded that the employer unlawfully discriminated against Tyler when the employer suspended her for union activity. [...] The employer discriminated against Tyler when it disciplined her for engaging in the protected activity of criticizing a candidate for union office.
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299.
City of Tacoma, Decision 8031 (PECB, 2003) - 04/14/2003
DECISIONS - Unfair Labor PracticeThe complaint alleged that the employer interfered with employee rights and discriminated in violation of RCW 41.56.140(1), discriminated for filing an unfair labor practice charge in violation of RCW 41.56.140(3), and refused to bargain in violation of RCW 41.56.140(4), by its suspension of Ingrid Fields for [...] 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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300.
Moses Lake School District, Decision 8770-A (PECB, 2005) - 06/30/2005
DECISIONS - Unfair Labor PracticeThe union further alleges that the employer took these actions to discriminate against Pérez for filing a grievance through the union. [...] 2. Did the employer discriminate against Sylvia Pérez for engaging in protected activity? [...] Issue 2: Did the employer discriminate against Pérez for engaging in protected activities?