1,430 result(s)
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401.
Port of Seattle (IAM & AW Local 289), Decision 9216 (PECB, 2006) - 01/23/2006
DECISIONS - Unfair Labor PracticeThe allegations of the complaint in Case 19826-U-05-5030 concern employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), discrimination for filing an unfair labor practice charge in violation of RCW 41.56.140(3) and an “other unfair labor practice,” by unspecified conduct related to [...] 4. Discrimination 5. Being Subject to A Hostile Work Environment The deficiency notice pointed out several defects with the complaint. [...] Five, in relation to the allegations of discrimination under RCW 41.56.140(1), the complaint fails to allege facts indicating that the employer took actions in reprisal for union activities protected under Chapter 41.56 RCW.
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402.
City of Seattle, Decision 5852-D (PECB, 2001) - 06/27/2001
DECISIONS - Unfair Labor PracticeDiscrimination Claim: The Legal Standards Apostolis says the employer unlawfully discriminated against him by discharging him because he exercised his legal right to ask for union representation in investigatory meetings. [...] The Legal Standard: Discrimination- Public employers are prohibited from discriminating against a public employee who is exercising a right granted by the statute. [...] Discharge is a deprivation of employment status, and meets the legal standard for a discrimination case.
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403.
Lewis County, Decision 4691 (PECB, 1994) - 04/28/1994
DECISIONS - Unfair Labor PracticeOf concern to the Supreme Court in both Allison and Wilmot was the legislative intent with respect to discrimination statutes. [...] [The employer] insists that some employees may file discrimination claims to shield themselves from discharge. [...] This employer is well aware of the burden traditionally imposed upon the respondent in a "discrimination" case under the Wright Line test.
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404.
Issaquah School District, Decision 13883 (PECB, 2024) - 06/24/2024
DECISIONS - Unfair Labor PracticeIn September 2023, Mallaji claimed that Dawn discriminated against him by treating him differently than a substitute custodian named Esther. [...] Mallaji asserted that this shows Dawn’s favoritism towards Esther and racial discrimination towards Mallaji. [...] Rather, it appears that Mallaji is alleging that the employer is discriminating against him on the basis of race, religion, or national origin.
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405.
Federal Way School District International Union of Operating Engineers Local 302, Decision 13537 (PECB, 2022) - 07/25/2022
DECISIONS - Unfair Labor PracticeThe complaint alleges discrimination violation of Title VII and collective bargaining agreement violations. [...] The Commission does not have jurisdiction over general discrimination allegations. [...] The discrimination and contract violation allegations must be dismissed.
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406.
Washington State Department of Social and Health Services, Decision 13390 (PSRA, 2021) - 08/10/2021
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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407.
Seattle School District, Decision 13058 (EDUC, 2019) - 08/26/2019
DECISIONS - Unfair Labor PracticeThe allegation of the union attempting to cause the employer to discriminate against bargaining unit members during negotiations failed to state a cause of action and is dismissed. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership. [...] The Commission explained that the mere designation of “part-time” status does not bring an employee into a classification protected from invidious discrimination.
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408.
Richland School District (PSE of Washington), Decision 12500 (PECB, 2015) - 12/10/2015
DECISIONS - Unfair Labor PracticeThe complaint alleges that the union is discriminating against the three accounts payable employees and is not representing them. [...] The complainant makes many vague references to discrimination against the three accounts payable employees but does not describe any improper or invidious basis for discrimination. [...] The amended complaint did not provide any additional explanation as to why the accounts payable employees think the union is discriminating against them.
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409.
Richland School District (PSE of Washington), Decision 12499 (PECB, 2015) - 12/10/2015
DECISIONS - Unfair Labor PracticeThe complaint alleges that the union is discriminating against the three accounts payable employees and is not representing them. [...] The complainant makes many vague references to discrimination against the three accounts payable employees but does not describe any improper or invidious basis for discrimination. [...] The amended complaint did not provide any additional explanation as to why the accounts payable employees think the union is discriminating against them.
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410.
State - Corrections, Decision 12417 (PSRA, 2015) - 09/11/2015
DECISIONS - Unfair Labor PracticeThe allegations of the third amended complaint concern employer discrimination in violation of RCW 41.80.110(1)(c) and (d) and interference with employee rights in violation of RCW 41.80.110(1)(a). [...] The third amended complaint states causes of action for employer discrimination and interference. [...] Employer discrimination in violation of RCW 41.80.110(1)(c) and (d) [and if so derivative interference with employee rights in violation of RCW 41.80.110(1)(a)] since July 21, 2015, by its discipline of Crowley for protected union activities, including his participation in unfair labor practice charges.
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411.
Bellevue School District, Decision 10868-A (PECB, 2011) - 01/11/2011
DECISIONS - Unfair Labor PracticeOn August 13, 2010, Keith Dougherty (Dougherty), an individual, filed a complaint alleging that the Bellevue School District (employer) interfered with his protected employee rights and discriminated against him in violation of RCW 41.56.140(1) and (2). [...] • The allegation that the employer violated Article 3.9 of the collective bargaining agreement by discriminating against employees on the basis of race or age.[2] [...] [2] With respect to Dougherty’s other allegations that the employer has discriminated against employees on the basis of race and age not related to the parties’ collective bargaining agreement, this Commission lacks the jurisdiction to redress those claims.
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412.
King County (ATU Local 587), Decision 5889 (PECB, 1997) - 04/07/1997
DECISIONS - Unfair Labor PracticeIt is alleged that the union aided the employer in its discrimination against Camacho, in retaliation for Camacho’s activism as a shop steward and her criticism of the union leadership. [...] Discrimination on invidious grounds such as sex, race, or creed, 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.
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413.
King County, Decision 2955 (PECB, 1988) - 06/15/1988
DECISIONS - Unfair Labor PracticeThe Commission does have jurisdiction to determine and remedy "interference" and "discrimination" violations under RCW 41.56.140: [...] Discrimination While it is concluded that the county permitted itself to be manipulated into committing an "interference" violation under RCW 41.56.140(1), the record does not support an inference that the county intended to discriminate against Calkins or was a "willing tool" in the hands of the decertification proponents. [...] The respondent could lawfully impose discipline on Calkins for mis-use of break and meal rights, with no intention to discriminate against her.
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414.
University of Washington, Decision 12964 (FCBA, 2019) - 01/22/2019
DECISIONS - Unfair Labor PracticeThe employer did not discriminate against the union (or commit derivative interference) by refusing to authorize payroll dues deductions. [...] Employer Discrimination. An employer commits an unfair labor practice when it “encourage[s] or discourage[s] membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment.” RCW 41.76.050(1)(c). [...] When a discrimination violation is alleged, the complainant must first establish a prima facie case by showing the following:
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415.
Lower Columbia College, Decision 8386 (PSRA, 2004) - 02/05/2004
DECISIONS - Unfair Labor PracticeThe union thus asserts that the selection of Jordan for layoff was unlawful discrimination. [...] Thus, the test for “discrimination” violations is much more complex than the test for “interference” violations. [...] a. Interfering with or discriminating against Carole Jordan for her exercise of collective bargaining rights under state law.
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416.
Entiat School District, Decision 3805 (PECB, 1990) - 06/18/1990
DECISIONS - Unfair Labor PracticeInterference violations result from a variety of personnel actions and embody a number of more specific unfair labor practices, including that of discrimination. [...] A discrimination violation occurs where it is demonstrated that an employer has deprived an employee of some ascertainable right, or has unfairly or unegually applied policy in reprisal for employee pursuit of lawful activities protected by Chapter 41.56 RCW. Essential to such a finding is a showing that the employer [...] The Commission has adopted a standard for deciding cases where an employer responds to “discrimination” allegations with a claim of legitimate reasons for its actions.
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417.
Washington State Department of Children, Youth, and Families, Decision 13647-A (PSRA, 2023) - 09/19/2023
DECISIONS - Unfair Labor PracticeAn Unfair Labor Practice Administrator reviewed the complaint and issued a cause of action for employer discrimination in violation of RCW 41.80.110(1)(c). [...] Examiner Christopher J. Casillas conducted a hearing and concluded Fornara had failed to carry her burden of proof to establish a prima facie case of discrimination. [...] 2. Does substantial evidence support the Examiner’s conclusion that Fornara did not establish a prima facie case of discrimination?
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418.
University of Washington, Decision 12606 (PSRA, 2016) - 08/01/2016
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concerned employer interference, discrimination, and skimming of bargaining unit work. [...] The amended complaint states a cause of action for further processing of the interference and discrimination allegations. [...] The allegations of the amended complaint concerning employer interference and discrimination state causes of action under WAC 391-45-110(2) for further unfair labor practice proceedings before the Commission.
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419.
Seattle Colleges, Decision 9753-A (CCOL, 2008) - 06/18/2008
DECISIONS - Unfair Labor Practicewith protected rights, discrimination for exercising protected rights, discrimination for filing charges, refusal to bargain, and other violations of Chapter 28B.52.073 RCW, and the complaints against the unions allege interference for exercising protected rights, inducing an employer to discriminate against an employee, [...] First, this Commission clearly lacks jurisdiction or authority under Chapter 28B.52 RCW to rule directly on allegations of discrimination on the basis of race or gender. [...] The state law against discrimination, Chapter 49.60 RCW, which is administered by the Washington State Human Rights Commission, regulates that law and has it own policies and procedures.
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420.
Tacoma School District (Tacoma Education Association), Decision 5465 (EDUC, 1996) - 03/12/1996
DECISIONS - Unfair Labor PracticeAs so amended, this material can be used as background to the "discrimination" violation alleged in paragraph 1.2. [...] The amendment adds a paragraph 5.2(a) which appears to allege "age discrimination" in relation to a two-tiered wage structure that has been in effect since the 1993-1995 contract was signed. [...] The amendment details the involvement of the union official, and his refusal to pursue discrimination allegations in the face of an announced shortage of substitute teachers.
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421.
Kitsap Fire District 7, Decision 3105 (PECB, 1989) - 01/26/1989
DECISIONS - Unfair Labor PracticeThe respondent contends that it did not discriminate against McPherson because of his union activities. [...] While discrimination violations normally turn "on whether the discriminatory conduct was motivated by an anti-union purpose", NLRB v. Great Dane Trailers. [...] The union has met it's burden of establishing a prima facie case of unlawful discrimination in this matter.
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422.
King County, Decision 6767 (PECB, 1999) - 07/23/1999
DECISIONS - Unfair Labor Practice• The Commission has no authority to determine and remedy claims under federal laws, including Title VII of the Civil Rights Act, laws against discrimination, the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and federal whistleblower protections. [...] Race and Disability Discrimination Claims Carr has made numerous references to race discrimination and/or discrimination on the basis of disability, including at least: [...] • [6/9/1999] Extensive quotations are provided from Title 42, Section 2000e-2 of the U.S. Code, concerning discrimination on the basis of race, color, religion, sex, or national origin.
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423.
Tacoma School District (Tacoma Education Association), Decision 6655 (EDUC, 1999) - 03/06/1999
DECISIONS - Unfair Labor PracticeNo such discrimination is alleged in this case, which concerns a change affecting all substitute teachers, and where there is no alleged discrimination within that class. [...] Negotiating is the essence of the ongoing duty to bargain.[6] In the absence of alleged discrimination or other violation of law, successful negotiation of changes in working conditions is to be praised, not condemned. [...] [4] That is, it must treat all portions of its membership without hostility or discrimination, to exercise its discretion regarding the rights of individual members in good faith and honesty, and to avoid arbitrary conduct.
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424.
Washington State Ferries (Marine Engineers Beneficial Association), MEC Decision 128 (1994) - 11/07/1994
MARINE EMPLOYEES COMMISSION - Marine Employees CommissionIrish alleged that WSF and MEBA had discriminated against him and other WSF Oilers by giving preferential treatment to members of MEBA who are not WSF employees. [...] 1. Did WSF and/or MEBA commit unfair labor practices as defined in RCW 47.64.130 by discriminating against WSF Oilers in the filling of Assistant Engineer vacancies? [...] 4. The record is convincing that Mr. Irish sincerely felt that he and other Oilers have been discriminated against in the matter of “bumping up” to Assistant Engineer.
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425.
City of Port Townsend (Teamsters Local 589), Decision 6433-A (PECB, 1999) - 05/18/1999
DECISIONS - Unfair Labor Practice... (3) To discriminate against a public employee who has filed an unfair labor practice charge; .... [...] The standard of proof for “discrimination” claims was summarized in Seattle School District, Decision 5946 (PECB, 1997), as follows: [...] She has not established a prima facie case on her claim of discrimination.