1,430 result(s)
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451.
Clark Public Transportation Benefit Area, Decision 4005 (PECB, 1992) - 03/04/1992
DECISIONS - Unfair Labor PracticeParagraph 1 of the statement of facts seeks to raise a “discrimination” claim with respect to a tuition reimbursement policy that is, on its face, limited to management and unrepresented employees of the employer. [...] Thus, the mere fact of the employer making available to its non-union employees benefits that are not made available to represented employees does not, in and of itself, constitute a basis for a “discrimination” claim. [...] Paragraph 2 of the statement of facts seeks to raise a “discrimination” claim with respect to an “optometrist certificate” required by the employer for employees who work at video screens.
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452.
Pateros School District (Pateros Education Association/WEA), Decision 3744 (EDUC, 1991) - 04/15/1991
DECISIONS - Unfair Labor PracticeWilliam Greene contends that both the employer and union discriminated against him, in violation of RCW 41.59.140(1)(c) and (2)(b). [...] In this case, the "collusion" and "discrimination" allegations are of the type over which the Commission asserts jurisdiction. [...] 12. There is no evidence of any discussion, negotiation or agreement between the Pateros School District and the Pateros Education Association that was designed to discriminate in favor of union members, or which in fact operated to discriminate in favor of union members, with respect to job security of bargaining unit
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453.
Clark County Fire District 6, Decision 13810 (PECB, 2024) - 04/03/2024
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in a discrimination case. [...] The union established a prima facie case for discrimination. On this record, the union has established a prima facie case of discrimination. [...] Therefore, the union has established a prima facie case of discrimination.
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454.
King County, Decision 7104 (PECB, 2000) - 06/21/2000
DECISIONS - Unfair Labor PracticeTherefore, the employer argues that the union did not meet its burden of proof for either interference or discrimination. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The Examiner does not deem that evidence material to this case, which concerns subsequent interference and discrimination.
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455.
Seattle School District, Decision 11779 (PECB, 2013) - 06/06/2013
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concerning discrimination and derivative interference state a cause of action under WAC 391-45-110(2) for further unfair labor practice proceedings before the Commission. [...] However, the only facts presented concern alleged discrimination and derivative interference against Peterson, Van Brocklin, and Winters under RCW 41.56.140(1). [...] Employer discrimination (and derivative interference) in violation of RCW 41.56.140(1), by demoting Tighe Peterson and laying off Tyrone Van Brocklin and Mike Winters, in reprisal for union activities protected by Chapter 41.56 RCW.
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456.
Port of Seattle, Decision 10097 (PECB, 2008) - 06/08/2008
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Manager dismisses the defective allegation of the complaint, concerning employer domination or assistance of a union, for failure to state a cause of action, and finds causes of action for the interference, discrimination, and refusal to bargain allegations of the complaint. [...] The deficiency notice pointed out that the allegations of the complaint concerning interference, discrimination, and refusal to bargain state causes of action under WAC 391‑45‑110(2) for further unfair labor practice proceedings before the Commission. [...] Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), by its termination of Mark Cann in reprisal for union activities protected by Chapter 41.56 RCW; and refusal to bargain in violation of RCW 41.56.140(4), by its refusal to provide relevant information requested by the union
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457.
Seattle School District (WEA), Decision 9717 (EDUC, 2007) - 06/06/2007
DECISIONS - Unfair Labor PracticeTwo, the claim regarding discrimination for filing a complaint is directly linked with Femiano’s underlying interference claim. [...] He alleges that the union failed to fairly represent him and so discriminated against him for filing an earlier complaint. [...] The discrimination claim should also have been filed on or before November 12, 2006.
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458.
State - Corrections, Decision 8772 (PSRA, 2004) - 11/05/2004
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 interference and discrimination allegations of the complaint. [...] 1. 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: [...] The interference and discrimination allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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459.
Snohomish County Public Utility District 1 (IBEW Local 77), Decision 4969 (PECB, 1995) - 01/27/1995
DECISIONS - Unfair Labor PracticeIn Case 11184-U-94-2604, Canales alleged that Snohomish County Public Utility District 1 had interfered with his rights, discriminated against him, had refused to bargain, and had attempted to dominate his union, by recent negotiations which had eliminated the classification and pay rate which he held. [...] The preliminary ruling letter noted that the Commission will exercise jurisdiction over a claim that a union has failed to represent an employee because of invidious discrimination, but that additional factual allegations would be necessary in order for the complaint to state a cause of action in that regard. [...] The allegation of discrimination was based on the complainant's Hispanic background.
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460.
Clover Park Technical College, Decision 13758 (PECB, 2023) - 12/15/2023
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The right to be free from interference, restraint, coercion, or discrimination does not extend to every workplace complaint or dispute. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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461.
Clover Park Technical College, Decision 13759 (PECB, 2023) - 12/15/2023
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The right to be free from interference, restraint, coercion, or discrimination does not extend to every workplace complaint or dispute. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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462.
Clover Park Technical College, Decision 13756 (PECB, 2023) - 12/15/2023
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The right to be free from interference, restraint, coercion, or discrimination does not extend to every workplace complaint or dispute. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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463.
Clover Park Technical College, Decision 13754 (PECB, 2023) - 12/15/2023
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The right to be free from interference, restraint, coercion, or discrimination does not extend to every workplace complaint or dispute. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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464.
Clover Park Technical College, Decision 13755 (PECB, 2023) - 12/15/2023
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The right to be free from interference, restraint, coercion, or discrimination does not extend to every workplace complaint or dispute. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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465.
Clover Park Technical College, Decision 13757 (PECB, 2023) - 12/15/2023
DECISIONS - Unfair Labor Practice1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The right to be free from interference, restraint, coercion, or discrimination does not extend to every workplace complaint or dispute. [...] A classic scenario occurs when a union induces the employer to discriminate against an employee based upon union membership.
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466.
City of Seattle, Decision 3079 (PECB, 1988) - 12/20/1988
DECISIONS - Unfair Labor PracticeOn July 12, 1984, the Seattle City Light Department forwarded draft copies of Policies on Affirmative Action, Discrimination and Sexual Harassment and an EEO Office Internal Complaint Process to Local 17, together with a request for comment. [...] Violations of Article I, Section 1, (relating to Non-Discrimination) and Article XXVI, Sections 1 and 2, (relating to Subordination of the Agreement) were claimed. [...] [2] Similar policies and guidelines were issued on that date covering discrimination complaints.
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467.
Oroville School District, Decision 6209 (PECB, 1998) - 02/11/1998
DECISIONS - Unfair Labor PracticeThe employer contends that no interference or discrimination under RCW 41.56.140 has occurred. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] Discrimination Violations Under RCW 41.56.140 Under Wilmot v. Kaiser Aluminum, 118 Wn.2d 46 (1991) and Allison V. Seattle Housing Authority, 118 Wn.2d 79 (1991), both the courts and administrative adjudicators in the State of Washington are to apply a “substantial factor” test in evaluating “discrimination” claims.
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468.
Asotin Housing Authority, Decision 2471 (PECB, 1986) - 10/30/1986
DECISIONS - Unfair Labor PracticeIf a discharge or other discrimination is found to have been unlawfully motivated, an unfair labor practice is found and remedies are ordered. [...] An important issue in this case is whether, under all of the circumstances, an inference of discrimination against Kennedy and Bonaparte can be sustained without tangible proof of direct knowledge of their union activity. [...] 11. The layoffs of Kennedy and Bonaparte were motivated at least in part by discrimination against them for their protected conduct.
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469.
Bethel School District, Decision 6731 (EDUC, 1999) - 07/08/1999
DECISIONS - Unfair Labor PracticePrima Facie Case of Discrimination Once employed as an SBD teacher, it appears complainant was a very satisfactory employee. [...] By virtue of such actions, the respondent discriminated against the complainant in violation of RCW 41.59.140(c). [...] The finding of a “discrimination” violation routinely carries with it a derivative “interference” violation.
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470.
Reardan-Edwall School District, Decision 6205 (PECB, 1998) - 02/09/1998
DECISIONS - Unfair Labor PracticeThe employer claims that PSE failed to make a prima facie case of discrimination with respect to either discharge of Leonetti. [...] The Court acknowledged that some employees may file discrimination claims to shield themselves from discharge, but expressed concern that employers may be encouraged to fabricate pretexts to discharge employees who have brought discrimination claims, if the courts make the burden of causation too high. [...] ... (3) To discriminate against a public employee who has filed an unfair labor practice charge ...
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471.
City of Yakima (Yakima Police Patrolman's Association), Decision 10208 (PECB, 2008) - 10/20/2008
DECISIONS - Unfair Labor PracticeFour, under RCW 41.56.150(3), it is an unfair labor practice for a union to discriminate against an employee who has filed an unfair labor practice complaint. [...] The Public Employment Relations Commission does not have jurisdiction to address concerns by public employees regarding general allegations of discrimination, whether by an employer or union. [...] The Commission’s jurisdiction extends only to instances where employees allege that the discrimination is related to the employees’ union activities and provide facts supporting the allegations.
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472.
Spokane Transit Authority, Decision 5742 (PECB, 1996) - 11/06/1996
DECISIONS - Unfair Labor PracticeBoxes were marked on the complaint forms to indicate “interference”, “domination”, “discrimination”, and “refusal to bargain” allegations. [...] Insufficient Facts for “Discrimination” Allegation A finding of a “discrimination” violation under RCW 41.56.140(1) by reference to RCW 41.56.040 would require proof of intentional acts by the employer to deprive Volesky of some ascertainable right or benefit because of his exercise of rights protected by the statute. [...] Thus, neither complaint stated a cause of action for a “discrimination” theory.
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473.
Bremerton School District, Decision 5722 (PECB, 1996) - 10/31/1996
DECISIONS - Unfair Labor PracticeDiscrimination for Union Activity Claim There is a fleeting reference in the amended complaint that the “grievance alleged discrimination for union activity”, but there are no other facts supporting that allegation. [...] That statement is not sufficient to state a cause of action for “interference” or “discrimination” under RCW 41.56.140(1) or 41.56.150(1). [...] There are no allegations of such discrimination in these complaints, however.
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474.
Bainbridge Island School District (Bainbridge Island Educational Support Professional Association), Decision 13411 (PECB, 2021) - 10/05/2021
DECISIONS - Unfair Labor PracticeUnion Discrimination/Union Inducement of Employer to Commit a ULP Applicable Legal Standard [...] 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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475.
Grant Public Hospital District 1, Decision 6673-A (PECB, 1999) - 12/14/1999
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The employer’s reasons for suspending Solberg are not important to determining whether the union has made out a prima facie case of discrimination. [...] The union here has failed to establish a prima facie case of discrimination.