1,430 result(s)
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351.
King County (Amalgamated Transit Union, Local 587), Decision 12815-A (PECB, 2018) - 05/10/2018
DECISIONS - Unfair Labor PracticeIt is an unfair labor practice for a union to discriminate against a public employee who has filed an unfair labor practice charge. [...] On January 3, 2017, Brown filed this unfair labor practice complaint alleging that the union discriminated against him in reprisal for filing an unfair labor practice complaint. [...] The issue before the Commission is whether the union discriminated against Brown for filing an unfair labor practice complaint.
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352.
Central Kitsap School District, Decision 12231-A (PECB, 2015) - 01/20/2015
DECISIONS - Unfair Labor PracticeThe complaint alleges employer interference with employee rights in violation of RCW 41.56.140(1), discrimination for union activity in violation of 41.56.140(3), and refusal to bargain in violation of 41.56.140(4). [...] 2. Assuming all of the facts alleged to be true and provable, the discrimination allegations of the amended complaint against the employer in Case 26828-U-14-6838 state a cause of action, summarized as follows: [...] This discrimination allegation of the amended complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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353.
Washington State Department of Corrections (Teamsters Local 117), Decision 13383 (PSRA, 2021) - 07/27/2021
DECISIONS - Unfair Labor PracticeThe Commission will assert jurisdiction in duty of fair representation cases only where a union is accused of aligning itself in interest against employees it represents based on invidious discrimination. [...] To prove a union has discrimination, the complainant must first set forth a prima facie case establishing the following: [...] In response to a complainant’s prima facie case of discrimination, the respondent need only articulate its nondiscriminatory reasons for acting in such a manner.
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354.
Seattle School District, Decision 13336 (EDUC, 2021) - 04/08/2021
DECISIONS - Unfair Labor PracticeEmployer Discrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of rights protected by chapter 41.56 RCW. 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: [...] Absent such facts, a complaint alleging discrimination in retaliation for filing an unfair labor practice complaint cannot stand.
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355.
King Fire District 11, Decision 10926 (PECB, 2010) - 12/07/2010
DECISIONS - Unfair Labor PracticeAnsel alleges that in December 2007 he attempted to have the union support a volunteer fire fighter whom he alleges was being discriminated and retaliated against. [...] However, there has been no change to Ansel’s leave; thus, he has not been discriminated against by a deprivation of any ascertainable rights, benefits, or status. [...] The amended complaint contains no indication that the employer has interfered with or discriminated against Ansel because of his union activities.
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356.
City of Seattle, Decision 2192-A (PECB, 1985) - 04/16/1985
DECISIONS - Unfair Labor Practice1. The City of Seattle would have no reason to discriminate against me other than my past filing of U.L.P. or grievances. [...] I believe based on the above facts that I have reasonable ground to believe the City has discriminated against me. [...] Paragraph I of the April 3, 1985 amendment falls short of alleging that the city had discriminated against the complainant.
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357.
Tacoma Public Hospital (WSCCCE), Decision 1734 (PECB, 1983) - 09/14/1983
DECISIONS - Unfair Labor PracticeStanding alone, allegations of racial discrimination by an employer do not state a cause of action as an unfair labor practice before the Public Employment Relations Commission. [...] A collective bargaining agreement designed to discriminate on the basis of race or a refusal by a union (for reasons of discrimination on the basis of race) to represent a bargaining unit employee in the processing of a grievance, present a somewhat different situation. [...] Just as discrimination by a union on the basis of an employee's sympathies for or against the union is a matter subject to the jurisdiction of the Public Employment Relations Commission (See: Elma School District, Elma Teachers' Organization), Decision 1349 (EDUC, 1982), discrimination by a union on the basis of race could
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358.
Snohomish County, Decision 12723-A (PECB, 2018) - 05/29/2018
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. [...] When discrimination is claimed, the complainant must first establish a prima facie case of discrimination by showing [...] [8] The union argued that the employer also discriminated against Lundi.
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359.
King County, Decision 12582-C (PECB, 2018) - 03/26/2018
DECISIONS - Unfair Labor PracticeRCW 41.56.140(1); King County, Decision 12582-B. 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: [...] The Commission remanded the case for further analysis based on the correct legal standard for discrimination.
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360.
King County, Decision 6994-C (PECB, 2002) - 11/27/2002
DECISIONS - Unfair Labor PracticeThe “Discrimination” Claim In the cases now before the Examiner, a “discrimination” theory is only raised under the second complaint, Case 14454-U-99-3581.The preliminary ruling in that case framed a “discrimination” allegation that was also remanded by the Commission. [...] Application of Discrimination Standard - The Commission’s remand instructing the Examiner to review the record with regard to discrimination claims against McKee and Hammond appears to assume that the union has made out a prima facie case. [...] On the facts presented in this record, even after review for a second time, the Examiner cannot conclude that the employer engaged in unlawful discrimination.
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361.
City of Seattle, Decision 10803-B (PECB, 2012) - 12/14/2012
DECISIONS - Unfair Labor PracticeThe International Association of Fire Fighters, Local 2898 (union) filed an unfair labor practice complaint on April 9, 2010, alleging that the City of Seattle (employer) discriminated against union Vice-President, Battalion Chief Bruce Amer (Amer). [...] On appeal, the union argues that the Commission should conclude that the employer discriminated against Amer because of his exercise of protected activity and thereby interfered with employee rights. [...] Second, if the employer was going to discriminate against bargaining unit employees for the issuance of the letter, it would seem more likely that it discriminate against Verlinda and not appoint him, rather than discriminate against Amer.
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362.
Edmonds Community College (Washington Public Employees Association), Decision 7815 (PSRA, 2002) - 08/21/2002
DECISIONS - Unfair Labor Practiceconclude that a cause of action existed at that time for the allegations of union discrimination for filing unfair labor practice charges in violation of RCW 41.56.150(3).The deficiency notice stated that a violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that the [...] The deficiency notice further advised Barnett-Parker that in the absence of a timely amendment stating a cause of action, the allegations concerning union discrimination for filing unfair labor practice charges in violation of RCW 41.56.150(3) would be dismissed. [...] 3. The allegation of the complaint concerning union discrimination for filing unfair labor practice charges in violation of RCW 41.56.150(3) is DISMISSED for failure to state a cause of action.
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363.
Clover Park School District, Decision 7167 (PECB, 2000) - 09/06/2000
DECISIONS - Unfair Labor PracticeThe allegations concern: (1) Interference with employee rights; (2) Discrimination; and (3) Discrimination for filing an unfair labor practice charge. [...] Employer interference with employee rights and discrimination in violation of RCW 41. 56-. 140(1), by its unsatisfactory performance evaluation of Mike McClure in reprisal for his union activities protected by Chapter 41. 56 RCW. [...] 3. The third allegation of the complaint concerning employer discrimination for filing an unfair labor practice charge in violation of RCW 41. 56. 140(3) is DISMISSED for failure to state a cause of action.
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364.
King County Public Hospital District 2, Decision 9069 (PECB, 2005) - 08/26/2005
DECISIONS - Unfair Labor PracticeIn a discrimination case, the Commission has adopted a three- pronged shifting burden approach. [...] If it is, the complainant establishes a reasonable inference of discrimination. [...] A finding of discrimination necessarily includes a finding of interference, because by discriminating against an employee for protected activity, an inference can be made that employees could reasonably perceive a threat to their rights.
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365.
Pierce County, Decision 7258 (PECB, 2001) - 01/22/2001
DECISIONS - Unfair Labor PracticeIt also contends the employer violated RCW 41.56.140(3) by discriminating against Nansel in reprisal for his having filed unfair labor practice charges. [...] . . . (3) To discriminate against a public employee who has filed an unfair labor practice charge. [...] The Examiner, the Commission and the courts all recognize that there is frequently no “smoking gun” in discrimination cases, and that evidence of discrimination is often subtle.
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366.
State - Social and Health Services, Decision 12568 (PSRA, 2016) - 04/21/2016
DECISIONS - Unfair Labor PracticeThe amended complaint states causes of action for further case processing concerning the allegations of employer discrimination in reprisal for union activity since October 2015. [...] The employer must file and serve its answer to the discrimination allegations within 21 days following the date of this order. [...] The remaining discrimination allegations are dismissed because they were untimely filed.
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367.
Seattle Housing Authority, Decision 5907 (PECB, 1997) - 05/09/1997
DECISIONS - Unfair Labor PracticeThe union was advised that it needed to clarify its legal standing to complain on behalf of the first three alleged victims of discrimination, and to clarify the bargaining unit status of all of the union activists mentioned in the complaint. [...] 2. The allegations regarding employer discrimination against union activists are hereby DISMISSED. [...] [3] It was not clear whether the complaint was charging the employer with discrimination against the employees in the latter group, or their situations were merely set forth for illustrative purposes.
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368.
Spokane County, Decision 12318 (PECB, 2015) - 04/23/2015
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 a discrimination case. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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369.
City of Pasco, Decision 9181 (PECB, 2005) - 12/05/2005
DECISIONS - Unfair Labor PracticeLegal Standards for Discrimination The Commission and Supreme Court require a higher standard of proof to establish a discrimination violation. [...] To meet the initial burden, a complainant must establish a prima facie case of discrimination. [...] If it is, the complainant establishes a reasonable inference of discrimination.
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370.
City of Vancouver, Decision 6732-A (PECB, 1999) - 11/09/1999
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The employer has not proven that allegations of harassment, discrimination and retaliation needed to be investigated by delving into what transpired at the union meetings. [...] The theory of discrimination on the basis of race (or any other type of invidious discrimination for which state and federal civil rights laws would be applicable), was a creation of employer officials.
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371.
Federal Way School District, Decision 13809-A (PECB, 2024) - 07/05/2024
DECISIONS - Unfair Labor PracticeButts alleged discrimination based on race. The Commission does not have the authority to remedy allegations of employment discrimination based on race, national origin, or other protected characteristics. [...] To the extent that Butts has alleged the District discriminated against her in violation of chapter 41.56 RCW, we agree with the ULP Administrator. [...] Butts has not alleged facts necessary to determine that a prima facie case of discrimination for engaging in activity protected by chapter 41.56 RCW exists.
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372.
Kiona-Benton City School District, Decision 11035 (EDUC, 2011) - 04/13/2011
DECISIONS - Unfair Labor PracticeOnce an employee establishes a prima facie case of discrimination, the employer must articulate its legitimate, non-discriminatory reasons for its action. [...] An independent interference violation cannot be sustained under the same set of facts that failed to constitute a discrimination violation. [...] The prima facie case − The first step in a discrimination case is to determine whether the complainant has established a prima facie case.
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373.
Workforce Central, Decision 10280-A (PECB, 2009) - 08/12/2009
DECISIONS - Unfair Labor PracticeISSUE 2 - EMPLOYER DISCRIMINATION Applicable Legal Standards An employer unlawfully discriminates against an employee when it takes action 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 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:
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374.
City of Seattle (Public Professional and Office-Clerical Employees and Drivers Local 763), Decision 3835 (PECB, 1991) - 08/06/1991
DECISIONS - Unfair Labor PracticeThe union contends that it has not discriminated or retaliated against Washington for his participation in the decertification effort, and that Washington was not billed for any month which he did not owe dues. [...] (3) To discriminate against a public employee who has filed an unfair labor practice; [...] Thus, a union commits an unfair labor practice under Chapter 41.56 RCW either by: (1) Direct interference with or discrimination against public employees in the exercise of their rights; or (2) indirect discrimination through the employer, which can include the enforcement of union security obligations in an unlawful
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375.
Port of Tacoma, Decision 10841 (PECB, 2010) - 09/01/2010
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Manager dismisses the defective allegations of the complaint for failure to state a cause of action and finds a cause of action for the discrimination and derivative interference allegations of the complaint. [...] 1. Assuming all of the facts alleged to be true and provable, the discrimination and derivative interference allegations of the complaint state a cause of action, summarized as follows: [...] Employer discrimination (and if so, derivative interference) in violation of RCW 41.56.140(1), by its termination of William Reichlein in reprisal for union activities protected by Chapter 41.56 RCW.