1,430 result(s)
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301.
Seattle School District (Seattle Education Association), Decision 9355-B (EDUC, 2007) - 12/12/2007
DECISIONS - Unfair Labor Practice3. Did the employer discriminate against Femiano by transferring him to another school? [...] Issue 2: Union Inducing Employer to Discriminate Against and Interfere with Femiano [...] Therefore, the Examiner dismisses the allegations of discrimination contained in the complaint.
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302.
Pacific Transit System (Amalgamated Transit Union, Local 1765), Decision 13274 (PECB, 2020) - 12/17/2020
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. [...] Discrimination As framed by the preliminary ruling, Preston’s initial burden to establish a prima facie case of discrimination centers around the verbal warning he received on April 20, 2019.
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303.
King Fire District 36, Decision 11302 (PECB, 2012) - 02/28/2012
DECISIONS - Unfair Labor PracticeOn September 23, 2010, the union received a letter from a department within Labor and Industries stating the discrimination complaint would not be pursued because it did not meet the relevant criteria for discrimination. [...] 7. On September 23, 2010, the union received a letter from Labor and Industries stating that the discrimination complaint would not be pursued because it did not meet the criteria for discrimination standards, but the safety complaint might be pursued by different sections of Labor and Industries. [...] 12. On April 28, 2011, the union’s attorney sent the employer’s attorney a copy of the Labor and Industries September 23, 2010 letter stating that the discrimination complaint would not be pursued.
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304.
Spokane County, Decision 10537 (PECB, 2009) - 09/16/2009
DECISIONS - Unfair Labor PracticeFour, it is an unfair labor practice under RCW 41.56.140(1) for employers to discriminate against employees in reprisal for union activities protected under Chapter 41.56 RCW. Termination of employment is a form of discrimination. [...] As noted below, the amended complaint withdraws the discrimination claim. [...] This statement effectively withdraws the discrimination claim in this case.
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305.
Tacoma School District (IUOE Local 286), Decision 5337-A (PECB, 1995) - 11/08/1995
DECISIONS - Unfair Labor PracticeRace and Sex Discrimination - In her "restatement", Harris charges that she was disciplined by her employer based upon racial and sex discrimination.[3] The enforcement of the state law against discrimination, Chapter 49.60 RCW, and state jurisdiction over complaints of discrimination on the basis of race or sex, lies with [...] Harris goes on to allege that the union business agent, Jim Wrenn, filed charges based only upon age discrimination, and that he refused to change the complaint when she brought the error to his attention. [...] The filing and processing of discrimination charges under some other statute is outside of the realm of the collective bargaining process, and outside of the union's duty of fair representation.
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306.
Tacoma School District (IUOE Local 286), Decision 5337 (PECB, 1995) - 10/31/1995
DECISIONS - Unfair Labor PracticeRace and Sex Discrimination - In her "restatement", Harris charges that she was disciplined by her employer based upon racial and sex discrimination.[3] The enforcement of the state law against discrimination, Chapter 49.60 RCW, and state jurisdiction over complaints of discrimination on the basis of race or sex, lies with [...] Harris goes on to allege that the union business agent, Jim Wrenn, filed charges based only upon age discrimination, and that he refused to change the complaint when she brought the error to his attention. [...] The filing and processing of discrimination charges under some other statute is outside of the realm of the collective bargaining process, and outside of the union's duty of fair representation.
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307.
City of Mill Creek, Decision 5699 (PECB, 1996) - 10/10/1996
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] 4. By its August 29, 1994 discipline of Britton, the employer did not discriminate against him in violation of RCW 41.56.140(1). [...] That case, which involved an allegation of discrimination under the standard then applied by the courts, is inapposite here.
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308.
Grays Harbor County, Decision 7239-A (PECB, 2002) - 07/15/2002
DECISIONS - Unfair Labor PracticeStandard for Discrimination Violations - The Roberts Dictionary of Industrial Relations, BNA Books, Revised Edition (1971), defines “discrimination” as follows: [...] Thus the Taft-Hartley Act forbids discrimination in hire and tenure of employment because of membership or non-membership in a union. [...] Discrimination only occurs where one or more employees has/have been granted or deprived of some ascertainable right, status, or benefit.
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309.
Asotin Housing Authority, Decision 3241 (PECB, 1989) - 06/30/1989
DECISIONS - Unfair Labor Practice... (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] It was a textbook case of interference and discrimination for union activity. [...] The union has not provided evidence sufficient to support a prima facie case that Gunkel was hired as part of a larger plan of discrimination.
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310.
King County, Decision 12582-A (PECB, 2017) - 07/06/2017
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. [...] The union did not establish a prima facie case for discrimination, and the allegation of discrimination was dismissed.
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311.
Seattle Colleges, Decision 13681 (CCOL, 2023) - 06/29/2023
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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312.
Seattle School District, Decision 8976 (PECB, 2005) - 06/21/2005
DECISIONS - Unfair Labor Practice2. Did the employer discriminate against a public employee in the exercise of a right under RCW 41.56? [...] . . . . (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] In order to demonstrate discrimination, the complainant must: 1. Establish a prima facie case of discrimination, showing:
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313.
Northshore Utility District, Decision 10534-A (PECB, 2010) - 04/16/2010
DECISIONS - Unfair Labor PracticeThe employee maintains the burden of proof in employer discrimination cases. [...] In sum, we agree with the Examiner that the union failed to establish a case of discrimination. [...] The Examiner also found that the union made its prima facie case of discrimination against Wittenger.
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314.
Seattle School District, Decision 9628-A (PECB, 2008) - 01/02/2008
DECISIONS - Unfair Labor Practice1. Did the Examiner correctly dismiss the union’s claim of unlawful discrimination against employee Deborah Youderian? [...] Where a complainant establishes a prima facie case of discrimination, the employer need only articulate non‑discriminatory reasons for its actions. [...] The union established a prima facie case of unlawful discrimination. The Employer’s Rebuttal
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315.
King County (ATU Local 587), Decision 5889-B (PECB, 1998) - 12/22/1998
DECISIONS - Unfair Labor PracticeDiscrimination on invidious grounds such as sex, race, creed, etc. would be a basis for Commission jurisdiction. [...] Discrimination on the basis of union membership status or engaging in activity protected by Chapter 41.56 RCW would also be a basis for the Commission to assert jurisdiction. [...] [8] The employer was prohibited from discriminating against Camacho based upon her past grievances or her complaint concerning a failure to promote her to a higher position.
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316.
Clark Public Transportation Benefit Area (ATU Local 1055), Decision 2354 (PECB, 1985) - 12/20/1985
DECISIONS - Unfair Labor Practice(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; [...] Rather, he attempted to truncate the grievance procedure by alleging discrimination.
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317.
Snohomish County (Snohomish County Corrections Guild), Decision 10268 (PECB, 2009) - 01/02/2009
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. [...] Jackson states that the union officers are all Caucasian males and implies that the union discriminated against her because of her gender. [...] The Commission will not infer a connection between invidious discrimination and a union’s actions toward an employee based only upon an employee’s assertion or implication that the connection exists.
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318.
Edmonds Community College, Decision 10250 (CCOL, 2008) - 12/05/2008
DECISIONS - Unfair Labor PracticeThe union alleges that the employer’s termination of West interferes with “the union’s right to elect its officers and govern itself.” The union’s theory appears to be that one instance of alleged employer discrimination against a union officer is factually sufficient to support a cause of action for employer domination of [...] However, the claim concerning the employer’s alleged discrimination regarding West does not necessarily indicate that the employer also intended to dominate the union’s internal operations. [...] These allegations of the amended complaint will be the subject of further proceedings under Chapter 391-45 WAC. The cause of action for discrimination precludes deferral to arbitration.
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319.
Seattle School District, Decision 7607 (PECB, 2002) - 01/31/2002
DECISIONS - Unfair Labor Practiceby Chapter 41.56 RCW are processed by the Commission under the provisions of RCW 41.56.140(1).However, the union did not check the box entitled “Employer Discrimination” on the complaint form (Form U-1).The deficiency notice inquired as to whether the union was alleging a discrimination violation under RCW 41.56.140(1). [...] 1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the amended complaint state a cause of action, summarized as follows: [...] The interference and discrimination allegations of the amended complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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320.
King County, Decision 6592-A (PECB, 2000) - 04/11/2000
DECISIONS - Unfair Labor PracticeBrown further alleged that the employer discriminated against him for filing charges. [...] By an order issued under WAC 391-45-110 on February 8, 1999, the “discrimination for filing charges” allegation was dismissed.[1] The employer was directed to answer the allegations of interference and discrimination, and they were referred to Examiner Frederick J. Rosenberry for further proceedings under Chapter 391-45 [...] They advised the Examiner that Brown had been reinstated through a grievance processed under the applicable collective bargaining agreement, and that the parties were attempting to negotiate a resolution to the discrimination claim.
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321.
Bethel School District, Decision 6848 (PECB, 1999) - 10/12/1999
DECISIONS - Unfair Labor PracticeThe deficiency notice pointed out that the original complaint did not set forth facts sufficient to constitute a cause of action under Chapter 41.56 RCW. Parsons had marked boxes on the complaint form to allege the employer interfered with her rights, and discriminated against her for filing charges. [...] The materials referred to race discrimination issues, but did not specify Parsons’ race or allege specific instances of such discrimination. [...] claims of racial harassment or discrimination, the Public Employment Relations Commission only deals with such issues insofar as they affect collective bargaining relationships otherwise regulated by Chapter 41.56 RCW. The primary jurisdiction to deal with allegations of discrimination on the basis of race or national
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322.
Selah School District, Decision 7190 (EDUC, 2000) - 10/03/2000
DECISIONS - Unfair Labor Practice(c) To encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment or any term or condition of employment, .... [...] The standard of proof for "discrimination" claims is more complex, as summarized in Seattle School District, Decision 5946 (PECB, 1997): [...] The union has failed to make a prima facie case, and the discrimination allegations are thus dismissed.
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323.
City of Renton, Decision 11046 (PECB, 2011) - 04/28/2011
DECISIONS - Unfair Labor PracticeHowever, Fowler does not allege that, but rather alleges discrimination based upon her part-time status; as noted, that is not a protected class. [...] Fowler re-alleges employer discrimination regarding her layoff. She states that in August 2010 she had a dispute with her supervisor. [...] [2] Employer discrimination (and if so, derivative interference) in violation of RCW 41.56.140(1), in reprisal for union activities protected by Chapter 41.56 RCW, by rescinding layoff benefits because Fowler filed the grievance over her layoff.
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324.
City of Bonney Lake, Decision 1962-A (PECB, 1984) - 12/04/1984
DECISIONS - Unfair Labor PracticeHe argues that once discrimination is found to exist, it then becomes the burden of the employer to refute allegations that its actions were bona fide. [...] Respondent contends there was no discrimination by Mayor Whisler in the 1972-1973 era, as Tom Rhinevault was the city manager at that time and was in charge of personnel and labor relations. [...] Complainant contends that Mayor Whisler was discriminating against the union when he hired a professional to negotiate the latest labor agreement.
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325.
City of Seattle, Decision 9420 (PECB, 2006) - 10/06/2006
DECISIONS - Unfair Labor Practice2. Did the employer discriminate against Tom Umporowicz because he exercised his protected rights as a guild officer? [...] ISSUE 2: Did the Employer Discriminate? Legal Standards Discrimination claims involve a more complex analysis than interference charges. [...] The Commission decides discrimination allegations under standards drawn from decisions of the Supreme Court of the State of Washington.