1,430 result(s)
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426.
City of Port Townsend (Teamsters Local 589), Decision 6684 (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.
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427.
Washington State Department of Corrections (Teamsters Local 117), Decision 13047 (PSRA, 2019) - 07/30/2019
DECISIONS - Unfair Labor PracticeThe duty of fair representation originated with decisions of the Supreme Court of the United States holding that an exclusive bargaining representative has the duty to fairly represent all of those for whom it acts, without discrimination. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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428.
Port of Seattle, Decision 7603-A (PECB, 2003) - 01/13/2003
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. [...] [T]he first step in the processing of a “discrimination” claim is for the injured party to make out a prima facie case showing retail at[ion]. [...] 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.
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429.
Seattle School District (Seattle Education Association), Decision 4917-A (EDUC, 1995) - 02/27/1995
DECISIONS - Unfair Labor PracticeWebster alleged that the union interfered with employee rights, discriminated for filing charges, and refused to bargain, by failing or refusing to act on her behalf on incidents connected with her employment. [...] The Executive Director noted that the Commission is not the appropriate agency to process general allegations of racial discrimination. [...] The Commission does assert jurisdiction in "fair representation" cases where a union is accused of aligning itself in interest against employees it represents, based on invidious discrimination.
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430.
City of Bellingham, Decision 13291 (PECB, 2021) - 01/14/2021
DECISIONS - Unfair Labor PracticeUnlawful Discrimination 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. [...] To prove discrimination, the complainant must first establish a prima facie case by showing that:
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431.
Skagit County, Decision 8746 (PECB, 2004) - 10/04/2004
DECISIONS - Unfair Labor Practice1. A complainant has the burden to establish a prima facie case of discrimination, including that: [...] The union has proven a prima facie case of discrimination against part-time employee Jane Favors. [...] 6. By unlawfully discriminating against Jane Favors in retaliation for the exercising of her right to participate in collective bargaining, the employer has discriminated in violation of RCW 41.56.140(1, and has committed an unfair labor practice.
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432.
Seattle School District, Decision 5237-B (EDUC, 1996) - 06/05/1996
DECISIONS - Unfair Labor PracticeWashington adopted a "substantial motivating factor" test for determining allegations of retaliatory discrimination. [...] The Educational Employment Relations Act has limited the discipline and discharge powers of school boards, by precluding use of that authority to discriminate against lawful union activity. [...] Discrimination - The Prima Facie Case To make out a prima facie case, a complainant claiming unlawful discrimination needs to show:
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433.
Spokane County, Decision 10218 (PECB, 2008) - 10/27/2008
DECISIONS - Unfair Labor PracticeTwo, it is an unfair labor practice for an employer to discriminate against employees in reprisal for their union activities protected by statute. [...] The basis for the discrimination claim appears to be the employer's agreement on vehicle use with another bargaining unit. [...] The employer's negotiation of a personal vehicle policy with the bargaining unit representing employees of the Assessor's Office does not provide the basis for a cause of action for discrimination against the utility and engineering bargaining unit represented by Local 17.
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434.
Spokane School District (Washington Education Association), Decision 8716 (EDUC, 2004) - 09/14/2004
DECISIONS - Unfair Labor PracticeThe allegations of the complaint in Case 18697-U-04-4752 concern employer interference with employee rights in violation of RCW 41.59.14 (1) (a), domination or assistance of a union in violation of RCW 41.59.140 (1)(b), discrimination in violation of RCW 41.59.140(1) (c), refusal to bargain in violation of RCW 41.59.140 (1) [...] Six, in reference to the allegations of discrimination under RCW 41.59.140 (1) (c), the complaint fails to allege facts indicating that the employer’s actions were taken in reprisal for union activities protected under Chapter 41.59 RCW. [...] Four, in relation to the allegations of discrimination for filing an unfair labor practice charge in violation of RCW 41.59.140 (2) (a), a violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that the complainant has previously filed an unfair labor practice complaint
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435.
Seattle School District (Sheet Metal Workers Union Local 66), Decision 3833 (PECB, 1991) - 07/31/1991
DECISIONS - Unfair Labor PracticeThere is no allegation here of the employer having discriminated against the complainant for engaging in union activity protected by Chapter 41.56 RCW. [...] The materials filed by the complainant contain claims that the union has discriminated against Asians and other minorities,[1] both as to the acquisition and retention of steady work with Seattlearea employers. [...] Similarly, discrimination by a union to favor the friends or relatives of union officials is unlawful.
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436.
King County (Teamsters Local 117), Decision 12000 (PECB, 2014) - 02/28/2014
DECISIONS - Unfair Labor Practice• Employment discrimination based upon age; • The employer did not allow her to organize protests by employees to union dues; [...] The Commission does not have jurisdiction over age discrimination claims. [...] There is no cause of action for employer discrimination. NOW, THEREFORE, it is
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437.
City of Union Gap (Washington State Council of County and City Employees), Decision 12728 (PECB, 2017) - 06/15/2017
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity. [...] The complaint does not allege that Durkee was discriminated against for engaging in protected union activity.
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438.
City of Seattle, Decision 9439-B (PECB, 2009) - 01/21/2009
DECISIONS - Unfair Labor PracticeJoy filed an amended unfair labor practice complaint with this agency alleging that the employer discriminated against her in violation of RCW 41.56.140(1) when it terminated her for presenting a grievance regarding her termination. [...] A prima facie case of discrimination can be found when: 1. An employee exercises a right protected by the collective bargaining statute, or communicates to the employer an intent to do so; [...] Where a complainant establishes a prima facie case of discrimination, the employer need only articulate non-discriminatory reasons for its actions.
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439.
Renton Technical College, Decision 7441 (CCOL, 2001) - 06/07/2001
DECISIONS - Unfair Labor Practice• The complainant must establish a prima facie case of discrimination, showing: [...] A finding of employer intent is necessary to find a discrimination violation. [...] The evidence is thus sufficient to establish a prima facie case of discrimination under RCW 28B. 52. 073.
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440.
King County, Decision 3178 (PECB, 1989) - 04/14/1989
DECISIONS - Unfair Labor PracticeThe employer denies that it had a motive to discriminate against Higgins for filing either grievances or unfair labor practices, and contends that no unfair labor practice occurred. [...] • • • (3) to discriminate against a public employee who has filed an unfair labor practice charge ... [...] It has consistently been held that sanctions will be imposed against an employer under Chapter 41.56 RCW, if it discriminates against an employee for filing grievances.
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441.
Yelm School District (PSE of Washington), Decision 5983 (PECB, 1997) - 07/15/1997
DECISIONS - Unfair Labor Practice• Case 13054-U-97-3157 was opened for allegations that the Yelm School District discriminated against Rolland in its selection of an employee to fill a temporary lead custodian position (by failing to interview her or to consider her for the vacancy, in spite of the fact that she had the same seniority date as two other [...] Discrimination Allegation is Vague While the complaints in these matters used the term “discrimination”, the deficiency notice pointed out that the Public Employment Relations Commission only has jurisdiction in discrimination claims related to union activity.
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442.
Port of Seattle, Decision 2796-A (PECB, 1988) - 04/29/1988
DECISIONS - Unfair Labor PracticeHis attorney sent a letter on Morris' behalf to the Port of Seattle on October 1, 1985, alleging discrimination in hiring in favor of union members and citing Chapter 41.56 RCW. The seniority dates for the 44 new seniority positions were implemented beginning October 7, 1985. [...] ... allegations [that] concern discrimination on the basis of union membership (or lack thereof) in filling "44 seniority jobs" ... [...] Our review of these pre-hearing documents shows that the port was not given reasonable notice that the broader question of union discrimination in the hiring hall operation would be at issue.
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443.
City of Seattle (PROTEC17), Decision 13914 (PECB, 2024) - 07/18/2024
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The complaint has not alleged that on or after November 17, 2023, the union failed to process the grievance based upon invidious discrimination, such as race, gender, or sexual orientation. [...] Absent facts demonstrating the union declined to process Calkins’s grievance due to invidious discrimination, the complaint cannot be processed.
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444.
Western Washington University, Decision 11057 (PSRA, 2011) - 05/06/2011
DECISIONS - Unfair Labor PracticeJoens’s complaint alleged discrimination by the employer, and a claim against the Public School Employees of Washington (union) for inducing the employer to discriminate against Joens. [...] It is an unfair labor practice in violation of RCW 41.80.110(1)(c), for an employer to discriminate against an employee because the employee exercised collective bargaining rights or communicated to the employer an intent to do so; the employee’s union activity must be a substantial motivating factor for the employer’s [...] The complaint does not state a cause of action for employer discrimination in violation of RCW 41.80.110(1)(c), or for derivative interference in violation of RCW 41.80.110(1)(a).
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445.
SNOCOM, Decision 11149 (PECB, 2011) - 08/26/2011
DECISIONS - Unfair Labor Practice3. Discrimination A. Did the employer unlawfully discriminate against Basim when it issued a five-day unpaid suspension to her on February 19, 2010? [...] In discrimination cases, the complainant maintains the burden of proof. [...] I find that the union established a prima facie case of discrimination.
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446.
State - Corrections, Decision 11193 (PSRA, 2011) - 10/03/2011
DECISIONS - Unfair Labor PracticeBased upon information gleaned from the statement of facts, it appears that that Klamp is alleging employer interference and discrimination in reprisal for her actions as a shop steward. [...] The amended complaint realleges the interference and discrimination claims and withdraws the domination/assistance and refusal to bargain claims. [...] The amended complaint contains a concise legal statement of claims for interference and discrimination based upon union activities; however, it does not include a statement of facts supporting the legal claims.
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447.
Grant County, Decision 7442 (PECB, 2001) - 06/11/2001
DECISIONS - Unfair Labor Practice1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the complaint state a cause of action, summarized as follows: [...] Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), by its surveillance of a November 16, 2000, union meeting through interrogation of employees concerning union business, and discipline of Frank DeTrolio for comments made at the meeting, in reprisal for union activities [...] The interference and discrimination allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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448.
Chelan Public Hospital District 1, Decision 7251 (PECB, 2001) - 01/10/2001
DECISIONS - Unfair Labor Practice1. Assuming all of the facts alleged to be true and provable, the interference, discrimination, and refusal to bargain allegations of the complaint state a cause of action, summarized as follows: [...] Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), and refusal to bargain in violation of RCW 41.56.140(4), by reducing the hours of Georgia Tull in reprisal for her union activities protected by Chapter 41.56 RCW. [...] The interference, discrimination, and refusal to bargain allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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449.
King County, Decision 6592 (PECB, 1999) - 02/08/1999
DECISIONS - Unfair Labor PracticeThe complainant also marked the box on the complaint form to indicate a claim of “discrimination for filing charges” under RCW 41.56.140(3), but the deficiency notice identified problems with respect to that theory. [...] The proceedings must thus be limited to the “interference” and “discrimination” claims advanced under RCW 41.56.140(1). [...] 2. The allegations of interference with employee rights and discrimination in violation of RCW 41.56.140(1) are found to state a cause of action for further proceedings under Chapter 391-45 WAC.
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450.
City of Pasco, Decision 6227 (PECB, 1998) - 03/16/1998
DECISIONS - Unfair Labor PracticeSpecifically, the complaint alleged the employer had unlawfully interfered with employee rights, discriminated, and refused to bargain when it denied a request by Lt. Dave Hare for union representation during questioning by the employer about the actions of fire fighters whom Hare supervised. [...] The deficiency notice alerted the union to the complaint’s lack of specific dates, names of participants in events, and factual allegations supporting the claim of discrimination. [...] Discrimination and Refusal to Bargain Allegations Insufficient The amended complaint included no factual allegations supporting the claim that the employer discriminated against employees or refused to bargain by its August 29, 1997 actions toward Hare.