1,430 result(s)
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326.
University of Washington, Decision 8216-A (PSRA, 2004) - 06/15/2004
DECISIONS - Unfair Labor PracticeThe employer denies it discriminated against or interfered with Kemper in the exercise of her bargaining rights. [...] There is no basis in the record for a discrimination action against the employer. [...] The Commission has no jurisdiction to adjudicate claims involving alleged discrimination based upon sex, race, religion, or similar factors.
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327.
City of Seattle, Decision 6326 (PECB, 1998) - 06/09/1998
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] 2. That he or she was discriminated against; 3. That there was a causal connection between the exercise of the legal right and the discriminatory action. [...] The Commission has noted that a discrimination violation requires a showing that an employee was deprived of “some ascertainable right, benefit, or status”.
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328.
King County, Decision 6994-A (PECB, 2001) - 01/10/2001
DECISIONS - Unfair Labor PracticeThe employer argues that there is no proof of union activity on the part of McKee or other employees in the unit, so that no case of discrimination or retaliation was made out. [...] Application of Discrimination Standard - On the record made here, the union failed to make a prima facie case of discrimination with regard to McKee’s leave status. [...] [17] It strains credulity to believe that the employer would knowingly violate a federal law in an attempt to discriminate against an employee for union activity.
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329.
City of Kirkland, Decision 7179 (PECB, 2000) - 09/19/2000
DECISIONS - Unfair Labor PracticeThese allegations state a cause of action for “interference”, and for “discrimination” as to the letter of reprimand. [...] b. Paragraph 16 for interference and discrimination; c. Paragraphs 20, 21, 23 and 25, taken together, for discrimination; [...] h. Paragraph 32 for interference and for discrimination as to the letter of reprimand;
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330.
City of Kelso (Washington State Council of County and City Employees), Decision 9214 (PECB, 2006) - 01/23/2006
DECISIONS - Unfair Labor PracticeFive, in relation to the allegations of violation of RCW 41.56.150(3), a violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that Holdahl has previously filed an unfair labor practice complaint with the Commission. [...] The allegations of the complaint in Case 19943-U-05-5061 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), [...] Seven, 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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331.
Port of Seattle (IBEW Local 46), Decision 7405 (PECB, 2001) - 05/16/2001
DECISIONS - Unfair Labor PracticeThe complaint in Case 15654-U-01-3968 alleged that the employer interfered with employee rights and discriminated against Glover in violation of RCW 41.56.140(1), dominated or assisted the union in violation of RCW 41.56.140(2), and discriminated against Glover for filing unfair labor practice charges in violation of RCW [...] The deficiency notice stated that it was not possible to conclude that a cause of action existed at that time for the allegations of employer discrimination in violation of RCW 41.56.140(1). [...] A violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that Glover has previously filed an unfair labor practice complaint with the Commission.
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332.
Mansfield School District, Decision 5238 (EDUC, 1995) - 08/25/1995
DECISIONS - Unfair Labor PracticeTo make out a prima facie case, a complainant claiming unlawful discrimination needs to show: [...] Discharge is a classic example of employer discrimination following the exercise of union rights. [...] The Examiner concludes the Ricartes have established a prima facie case of discrimination.
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333.
Toppenish School District, Decision 10487 (EDUC, 2009) - 07/27/2009
DECISIONS - Unfair Labor PracticeRegarding discrimination, the complaint alleges that on May 6, 2009, the employer sent letters of non‑renewal of contracts to eight bargaining unit members in reprisal for union activities. [...] A union alleging that an employer is interfering with, discriminating against, or refusing to bargain with the union should file complaints based upon those allegations. [...] The amended complaint cures the defective allegation concerning discrimination by identifying the eight employees whose contracts were not renewed.
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334.
City of Seattle, Decision 2192 (PECB, 1985) - 04/01/1985
DECISIONS - Unfair Labor Practice* * * (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] For the issue to be within the jurisdiction of the Commission, the claim of discrimination must be related to union activity or to the filing of unfair labor practice charges. [...] There are no facts alleged which tie the alleged discrimination to any protected activity.
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335.
Warden School District, Decision 13105 (EDUC, 2019) - 12/05/2019
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. [...] Given the foregoing, the union did not establish a prima facie case of discrimination.
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336.
Snohomish County, Decision 9570 (PECB, 2007) - 01/31/2007
DECISIONS - Unfair Labor Practice4. Did the employer discriminate against the union for filing an unfair labor practice? [...] The same legal standards and framework for a discrimination case apply to the question of discrimination for filing an unfair labor practice complaint. [...] There is no showing of discrimination and I find no violation of RCW 41.56.140(3).
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337.
State - Revenue, Decision 10521 (PSRA, 2009) - 08/26/2009
DECISIONS - Unfair Labor PracticeVo's complaint alleges that the employer's actions were motivated by age discrimination. [...] The Commission has jurisdiction over discrimination allegations only as they pertain to union activities. [...] The Commission has no jurisdiction over claims involving age discrimination or similar forms of discrimination, such as race or gender‑based claims.
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338.
King County (King County Corrections Guild), Decision 10195 (PECB, 2008) - 10/01/2008
DECISIONS - Unfair Labor PracticeFive, it is also an unfair labor practice for an employer to discriminate against employees by depriving them of ascertainable rights, benefits, or status in reprisal for union activities protected by statute. [...] Weaver alleges employer discrimination by its making the court detail available only to the KCCF first shift, but does not provide facts alleging that this was in reprisal for her union activities. [...] Finally, the allegations concerning the union inducing the employer to commit a violation is the equivalent of a claim for union discrimination.
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339.
State - Social and Health Services (Washington Federation of State Employees), Decision 9729 (PSRA, 2007) - 06/11/2007
DECISIONS - Unfair Labor PracticeSix, in relation to the allegations of discrimination under RCW 41.80.110(1)(c), the complaint fails to allege facts indicating that the employer’s actions were taken in reprisal for union activities protected under Chapter 41.80 RCW. [...] Seven, in relation to the allegations of violation of RCW 41.80.110(1)(d), a violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that Neal has previously filed an unfair labor practice complaint with the Commission. [...] The amended complaints charge that the employer’s alleged discrimination violated Neal’s civil rights.
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340.
Port of Seattle, Decision 7603-B (PECB, 2003) - 05/19/2003
DECISIONS - Unfair Labor PracticeEmployer interference with employee rights in violation of RCW 41.56.140(1), and discrimination for filing an unfair labor practice charge in violation of RCW 41.56.140(3), by terminating William Glover in reprisal for his union activities protected by Chapter 41.56 RCW. [...] The complaint alleged that the employer’s termination of Glover’s employment on October 26, 2001, was discrimination in reprisal for his union activities, specifically for filing of an unfair labor practice complaint against the employer on February 20, 2001.[3] [...] In denying the motion for summary judgement and in convening the hearing in this matter, the Examiner gave Glover the opportunity to establish a prima facie case of discrimination at a hearing.
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341.
Brinnon School District, Decision 7210 (PECB, 2000) - 11/03/2000
DECISIONS - Unfair Labor PracticeOn October 19, 1998, the union filed a second unfair labor practice complaint alleging both interference and discrimination in violation of RCW 41.56.140(1), and discrimination for filing unfair labor practice charges in violation of RCW 41.56.140(3). [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The standard for enforcing the "interference" and "discrimination" protections has been established by the Supreme Court of the State of Washington.
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342.
City of Seattle, Decision 10803-A (PECB, 2011) - 03/29/2011
DECISIONS - Unfair Labor PracticeThe Examiner’s authority is limited to the allegations of interference and discrimination for union activities stated in the preliminary ruling. [...] When discrimination is claimed, the complainant must first establish a prima facie case of discrimination. [...] The elements of a discrimination complaint are set forth in Educational Service District 114, Decision 4361-A, and quoted earlier in this decision.
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343.
City of Omak, Decision 5579-A (PECB, 1997) - 12/29/1997
DECISIONS - Unfair Labor PracticeProtected Activity is a required ingredient in a “discrimination” case. [...] The allegations concerning discrimination against Issac in regard to the traffic accident must be dismissed. [...] Discrimination Regarding Vehicles and K-9 Assignments Facts Concerning Claimed Discrimination -
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344.
City of Tacoma, Decision 8031-B (PECB, 2004) - 10/29/2004
DECISIONS - Unfair Labor PracticeUnion’s Discrimination Claim Applicable Legal Standards - A discrimination violation occurs when an employer takes action which is substantially motivated as a reprisal against the exercise of rights protected by Chapter 41.56 RCW. See Educational Service District 114, Decision 4361-A (PECB, 1994), where the Commission [...] The discrimination allegation arises from the union’s belief that Fields was suspended for contacting her union representative. [...] A prima facie case of discrimination requires proof of a causal connection between the employee’s union activity and the disputed employer action.
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345.
King County (King County Corrections Guild), Decision 13622 (PECB, 2023) - 01/23/2023
DECISIONS - Unfair Labor PracticeI strongly believe that this is a blatant discrimination. The bottom line is get vaccinated or lose your livelihood. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] I strongly believe that this is a blatant discrimination. The bottom line is get vaccinated or lose your livelihood.
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346.
Yakima County, Decision 11621-A (PECB, 2013) - 12/10/2013
DECISIONS - Unfair Labor Practice1. Did the employer discriminate against the union when it laid off and reduced the rank of bargaining unit employees? [...] The employer did not discriminate against or interfere with the union. [...] The employer did not discriminate against or interfere with the union.
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347.
City of Brier, Decision 10013-A (PECB, 2009) - 05/18/2009
DECISIONS - Unfair Labor PracticeTo prove discrimination, the employee must first set forth a prima facie case by establishing the following: [...] Where the employee establishes a prima facie case, the employee creates a rebuttable presumption of discrimination. [...] Accordingly, Grass established a prima facie case for discrimination.
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348.
City of Renton, Decision 7476-A (PECB, 2002) - 11/08/2002
DECISIONS - Unfair Labor Practice2. Alleged employer discrimination against Luther by comments directed to Luther by the chief. [...] Chapter 41.56 RCW prohibits discrimination in reprisal for the exercise of collective bargaining rights (emphasis added): [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge;
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349.
King Fire District 4, Decision 3366 (PECB, 1989) - 12/07/1989
DECISIONS - Unfair Labor PracticeEssential to such a finding is a showing that the employer intended to discriminate against the employee. [...] Where an employer responds to discrimination allegations with claim of business reasons for its actions, a shifting of burdens occurs during the course of litigation.... [...] "Discrimination" is prohibited in RCW 41.56.040, and so is incorporated, by reference, into RCW 41.56.140(1).
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350.
City of Vancouver, Decision 10621-A (PECB, 2010) - 12/23/2010
DECISIONS - Unfair Labor PracticeThe employer interfered with employee rights and discriminated when it failed to select Ryan Martin for assignment to the Traffic Officer (Motors) position. [...] An independent interference violation cannot be sustained under the same set of facts that failed to constitute a discrimination violation. [...] In order to prove a discrimination allegation, the employee must first establish a prima facie case by showing: