1,430 result(s)
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376.
Washington State Ferries (Ferry Agents, Supervisors and Project Administrators Association), Decision 12577 (MRNE, 2016) - 05/20/2016
DECISIONS - Unfair Labor PracticeThe complainant believes that the consideration of his grievance was made in bad faith and that he was discriminated against. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] Although the complaint states that the complainant felt discriminated against, it does not contain facts describing discrimination.
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377.
Clark County (Washington State Council of County and City Employees), Decision 8490 (PECB, 2004) - 04/05/2004
DECISIONS - Unfair Labor PracticeOn February 24, 2004, Wiser filed a memo entitled “Follow-Up Documentation to Unfair Labor Practices Complaint Filed on 1/13/04,” which alleged age and sex discrimination by the employer. [...] 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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378.
Snohomish County, Decision 9678 (PECB, 2007) - 05/23/2007
DECISIONS - Unfair Labor PracticeDiscrimination Commission precedent regarding RCW 41.56.040 and 41.56.140(1) indicates that in order to prevail in a complaint charging discrimination, the union must meet a “substantial motivating factor” standard. [...] That intervening event showed that the employer did not discriminate against Carrell. [...] Therefore, the order did not constitute discrimination nor interference.
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379.
Seattle School District, Decision 13814 (PECB, 2024) - 04/12/2024
DECISIONS - Unfair Labor PracticeIn this case Alvarez only submitted an Equal Employment Opportunity Inquiry Form and alleges general discrimination violations. [...] PERC does not have jurisdiction to remedy general discrimination violations. [...] The Equal Employment Opportunity Commission (EEOC) is a federal agency that also has jurisdiction over general discrimination.
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380.
City of Morton (Teamsters Local 252), Decision 6074 (PECB, 1997) - 10/14/1997
DECISIONS - Unfair Labor Practice• Case 13267-U-97-3229 was opened for allegations that the Teamsters Union, Local 252 had interfered with employee rights; had induced the employer to commit a violation; and had discriminated against Rice for filing charges. [...] • Case 13268-U-97-3230 was opened for allegations that the employer had discriminated against Rice. [...] The actions of the union representative in this case were not, however, related to any form of unlawful discrimination.
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381.
King County (King County Security Guild), Decision 11223 (PECB, 2011) - 11/10/2011
DECISIONS - Unfair Labor PracticeISSUE 6 – EMPLOYER DISCRIMINATION Applicable Legal Standards RCW 41.56.140(1) prohibits an employer from discriminating in reprisal for the exercise of employee rights protected by the collective bargaining statute. [...] If the union makes its prima facie case for discrimination, the employer must articulate non-discriminatory reasons for its actions. [...] A union may induce an employer to commit any unfair labor practice, including interference, assistance of a union, discrimination, and refusal to bargain.
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382.
Cowlitz County, Decision 7037 (PECB, 2000) - 05/01/2000
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; . . . [...] 1. The allegation concerning employer discrimination against Larry Greene is DISMISSED on its merits.
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383.
City of Granger, Decision 9987 (PECB, 2008) - 02/27/2008
DECISIONS - Unfair Labor PracticeFour, the complaint alleges union discrimination for filing charges in violation of RCW 41.56.150(3). [...] Third, RCW 41.56.140(1) prohibits employer discrimination by actions against employees in reprisal for union activities protected under Chapter 41.56 RCW. The amended complaint contains no facts suggesting that the employer has discriminated against Bowen by depriving her of an ascertainable right, status, or benefit in [...] The amended complaint in Case 21494-U-08-5475 withdraws the following claims: union inducing the employer to commit an unfair labor practice in violation of RCW 41.56.150(2), discrimination for filing charges in violation of RCW 41.56.150(3), refusal to bargain in violation of RCW 41.56.150(4), and “other unfair labor
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384.
Thurston Fire District 3, Decision 3830 (PECB, 1991) - 08/02/1991
DECISIONS - Unfair Labor Practice1. The portions of the complaint alleging discrimination for pursuit of rights under RCW 41.24.150 are DISMISSED for failure to state a cause of action. [...] 2. The portions of the complaint concerning discrimination for pursuit of organizational activity under RCW 41.56.040 are assigned to Examiner William A. Lang of the Commission staff to conduct further proceedings pursuant to Chapter 391-45 WAC. [...] 1. The portions of the complaint alleging discrimination for pursuit of rights under RCW 41.24.150 are DISMISSED for failure to state a cause of action.
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385.
State - Social and Health Services, Decision 11594 (PSRA, 2012) - 12/05/2012
DECISIONS - Unfair Labor PracticeThe deficiency notice pointed out the defects regarding the discrimination allegations of the complaint. [...] The statement of facts alleges discrimination related to the skimming claim, including shifting pay opportunities, but not to the claim for refusal to provide information. [...] 2. The allegations of employer discrimination in violation of RCW 41.80.110(1(c) [and if so, derivative interference in violation of RCW 41.80.110(1)(a)], by shifting pay opportunities away from physicians and skimming of physician work, in reprisal for union activities protected by Chapter 41.80 RCW, are DISMISSED for
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386.
Yakima School District, Decision 7799 (EDUC, 2002) - 07/31/2002
DECISIONS - Unfair Labor PracticeIn reference to the discrimination allegations, the deficiency notice indicated that the complaint failed to allege facts indicating that the employer's actions were taken in reprisal for union activities protected under Chapter 41.59 RCW. The deficiency notice indicated that the interference and refusal to bargain [...] On July 29, 2002, the union filed a response to the deficiency notice indicating that it would not be submitting an amended complaint in relation to the allegations of employer domination or assistance of a union in violation of RCW 41.59.140(1)(b), and employer discrimination in violation of RCW 41.59.140(1)(c). [...] 3. The allegations of the complaint concerning employer domination or assistance of a union in violation of RCW 41.59.140(1)(b), and employer discrimination in violation of RCW 41.59.140(1)(c) are DISMISSED for failure to state a cause of action.
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387.
University of Washington, Decision 10444 (PSRA, 2009) - 06/17/2009
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Manager dismisses the allegations of the complaint concerning employer discrimination for failure to state a cause of action, and finds causes of action for the allegations of the complaint concerning independent employer interference and employer interference and refusal to bargain. [...] The deficiency notice pointed out the defects to the complaint concerning employer discrimination. [...] The allegation does not identify the employees, does not conform to the Rule, and thus does not state a cause of action for interference and discrimination.
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388.
Seattle School District, Decision 8293 (PECB, 2003) - 12/10/2003
DECISIONS - Unfair Labor PracticeThe allegations of the complaint in Case 17191-U-03-4449 concern employer interference with employee rights and discrimination 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 its layoff and/or termination of Steven Tolliver, in reprisal for [...] Two, the complaint indicates that Tolliver is “a ‘504 status’ employee, which is a handicapping condition.” The Public Employment Relations Commission does not have jurisdiction concerning allegations of discrimination based on disability. [...] Four, in reference 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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389.
Klickitat County, Decision 7302 (PECB, 2001) - 03/06/2001
DECISIONS - Unfair Labor PracticeIn reference to the discrimination allegations, 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. [...] 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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390.
Renton Technical College, Decision 12968 (PECB, 2019) - 01/29/2019
DECISIONS - Unfair Labor PracticeGeneral discrimination violations. The allegations of the complaint against the union concern: [...] General Discrimination Violations Finally, Kramer’s complaint alleged that an unidentified “Human Resources/Union Representative” witnessed a supervisor engaging in an unidentified form of discrimination and harassment but did not report it to human resources or advise the complainant to report it to human resources. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination.
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391.
Grant Public Hospital District 1, Decision 8378 (PECB, 2004) - 02/02/2004
DECISIONS - Unfair Labor PracticeIt also argues that there was no interference with employee rights or discrimination as a result of the employer officials being served with subpoenas concerning the earlier unfair labor practice case. [...] The Discrimination Allegation The preliminary ruling frames an issue as to whether the employer’s rejection of the mediator proposal in May 2002 constituted discrimination in violation of RCW 41.56.040 and .140(1). [...] Similarly, there is no need to consider the articulated reasons, pretext, or motivation subjects usually addressed in a “discrimination” case.
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392.
Everett Community College, Decision 11135-A (CCOL, 2011) - 08/05/2011
DECISIONS - Unfair Labor PracticeApplicable Legal Standards: Discrimination Chapter 28.52 RCW governs the collective bargaining relationship between community college employers and their academic personnel. [...] The employee maintains the burden of proof in employer discrimination cases. [...] In response to an employee’s prima facie case of discrimination, the employer need only articulate its non-discriminatory reasons for acting in such a manner.
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393.
Everett Community College, Decision 11135 (CCOL, 2011) - 08/04/2011
DECISIONS - Unfair Labor PracticeApplicable Legal Standards: Discrimination Chapter 28.52 RCW governs the collective bargaining relationship between community college employers and their academic personnel. [...] The employee maintains the burden of proof in employer discrimination cases. [...] In response to an employee’s prima facie case of discrimination, the employer need only articulate its non-discriminatory reasons for acting in such a manner.
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394.
Tacoma Housing Authority, Decision 7390-B (PECB, 2002) - 07/08/2002
DECISIONS - Unfair Labor PracticeThe union has asserted “just cause” principles in regard to Stepp’s discharge, notwithstanding the reference to “discrimination” in the order for further proceedings .A grievance has been filed on behalf of Stepp, and the question of whether the employer had just cause to discharge him is for the arbitrator to decide. [...] There was no need to delay the hearing or decision of this case until the conclusion of the arbitration proceedings, because the Commission does not defer to arbitrators on discrimination allegations,[7] and an arbitrator’s decision under the contract is neither controlling on nor controlled by the decision in this case. [...] Thus, the allegation that the employer discriminated against Stepp must also be dismissed.
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395.
City of Winlock, Decision 4784-A (PECB, 1995) - 03/28/1995
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The complainant must establish a prima facie case of discrimination, and the employer only has to articulate non-discriminatory reasons for its actions. [...] The discharge of a union activist so close to significant events in the representation case certainly raises suspicion of discrimination.
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396.
City of Yakima, Decision 7489 (PECB, 2001) - 09/05/2001
DECISIONS - Unfair Labor PracticeAllegations concerning discrimination for union activities are not deferrable. [...] The Examiner finds the evidence presented insufficient to prove a prima facie case of discrimination. [...] The complainant appears to have assumed, more than to have proven, that Garza was discriminated against.
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397.
Pierce County, Decision 13371 (PECB, 2021) - 07/01/2021
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 [...] I do not address Reigle’s argument that the employer’s conduct in January 2021 also constituted unlawful discrimination.
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398.
University of Washington, Decision 11091 (PSRA, 2011) - 06/09/2011
DECISIONS - Unfair Labor PracticeThe employee maintains the burden of proof in such discrimination cases. [...] The complainant has established a prima facie case of discrimination. [...] The employer did not discriminate when it issued Bentson a final counseling.
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399.
Port of Seattle (ILWU Local 9), Decision 3294-B (PECB, 1992) - 09/11/1992
DECISIONS - Unfair Labor Practice(2) An employer interferes with employee rights if it discriminates on the basis of union activity, or conspires with a union to discriminate on some unlawful basis. [...] Weinreich is not making a claim of discrimination based on union membership or lack thereof. [...] That agreement sought to end discrimination, by merging a "book list" limited to union members with a "red list" consisting of non-members.
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400.
City of Seattle (IFPTE Local 17), Decision 3429 (PECB, 1990) - 02/28/1990
DECISIONS - Unfair Labor Practiceemployee of some ascertainable right, or has unfairly or unequally applied policy, or differs in its treatment of employees, in reprisal for the pursuit of lawful activities protected by Chapter 41.56 RCW. Essential to a finding of discrimination is a showing that the employer intended to discriminate against the employee. [...] The burden of proving a discrimination violation of the Act, established by a preponderance of the evidence, rests with the complaining party. [...] Although there were no actions to convert any threat into actual discrimination,[13] it is apparent that there were harsh words between Dion and Wakenight.