1,432 result(s)
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26.
Pe Ell School District (Pe Ell Education Association), Decision 3801-A (EDUC, 1992) - 05/01/1992
DECISIONS - Unfair Labor PracticeRajala now acknowledges that the union did not intentionally discriminate against him. [...] First, it must treat all factions and segments of its membership without hostility or discrimination. [...] To establish a “discrimination” violation by a union, it must be demonstrated that the organization has:
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27.
State - Social and Health Services, Decision 10417 (PSRA, 2009) - 05/22/2009
DECISIONS - Unfair Labor PracticeThe deficiency notice pointed out the defects concerning interference and discrimination regarding to health insurance proposals, discrimination regarding disseminating information on decertification, and domination or assistance of a union. [...] Regarding discrimination for disseminating decertification information, it is an unfair labor practice under RCW 41.80.110(1)(c) for an employer to discriminate against a labor organization in the use of employer facilities or resources. [...] The allegations pertain instead to the interference and discrimination claim regarding dissemination of decertification information.
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28.
Seattle School District, Decision 11779-A (PECB, 2014) - 02/06/2014
DECISIONS - Unfair Labor PracticeBecause the employer did not discriminate, there is no derivative interference violation. [...] 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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29.
University of Washington (SEIU Local 1199NW), Decision 10396 (PSRA, 2009) - 05/08/2009
DECISIONS - Unfair Labor PracticeAlthough the untimely complaint renders moot the remaining allegations, it may be instructive to briefly comment on Brown's claims of domination of a union, discrimination, discrimination for filing charges, and refusal to bargain. [...] Regarding the claim of discrimination, the Commission has jurisdiction only for claims involving discrimination in reprisal for union activities protected by Chapter 41.80 RCW. The Commission has no jurisdiction for claims involving racial discrimination. [...] The amended complaint addresses allegations concerning the timeliness of the complaint, discrimination for filing charges, and discrimination.
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30.
Washington State Department of Children, Youth, and Families, Decision 13647 (PSRA, 2023) - 04/03/2023
DECISIONS - Unfair Labor PracticeTo prove discrimination under the statute, the complainant must meet their initial burden of proof by establishing a prima facie case of discrimination. [...] The complainant maintains the burden of proof in a discrimination case. [...] As such, the discrimination charge necessarily fails and the complaint must be dismissed.
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31.
Benton County, Decision 13365 (PECB, 2021) - 06/15/2021
DECISIONS - Unfair Labor PracticeDiscrimination The amended complaint alleges employer discrimination in violation of RCW 41.56.140(1). [...] The complainant maintains the burden of proof in discrimination cases. [...] Because the amended complaint lacks facts related to the elements necessary to allege a discrimination allegation, the discrimination allegation must be dismissed.
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32.
State - Social and Health Services, Decision 9790 (PSRA, 2007) - 06/29/2007
DECISIONS - Unfair Labor PracticeThe Commission decides discrimination allegations under standards drawn from decisions of the Supreme Court of the State of Washington. [...] Discrimination and interference claims are interrelated in that both require evidence of protected activities. [...] Dieringer School District, Decision 8956-A. If a discrimination claim and an interference claim are based on the same set of facts, and a discrimination claim is dismissed for failing to meet the test of protected activities, the Commission will not find an independent interference claim.
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33.
State - Corrections, Decision 11571-A (PSRA, 2013) - 11/12/2013
DECISIONS - Unfair Labor Practice4. Did the employer discriminate against Sergeant James Palmer when it removed Palmer from his bid position? [...] The complainant maintains the burden of proof in discrimination cases. [...] Sufficient evidence existed to find a prima facie case of discrimination existed.
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34.
Dieringer School District, Decision 8956 (PECB, 2005) - 05/27/2005
DECISIONS - Unfair Labor PracticeDiscrimination - The Commission decides discrimination allegations under standards drawn from decisions of the Supreme Court of the State of Washington. [...] The complainant has the burden of proof in discrimination and interference claims. [...] The union failed to make a prima facie case for discrimination against Garman.
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35.
State – Agriculture, Decision 12676 (PSRA, 2017) - 04/07/2017
DECISIONS - Unfair Labor Practice4. Did the employer discriminate by changing West’s work hours and schedule? [...] Discrimination It 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.
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36.
Clover Park School District, Decision 9801 (EDUC, 2007) - 07/11/2007
DECISIONS - Unfair Labor PracticeDiscrimination did not occur. ISSUE 3 - INTERFERENCE REGARDING CONTACTING THE UNION [...] ISSUE 4 - INTERFERENCE AND DISCRIMINATION INVOLVING A COUNSELOR’S USE OF LEAVE [...] Since Wahl was not deprived of leave, discrimination in this situation did not occur.
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37.
Kennewick School District, Decision 5632-A (PECB, 1996) - 12/20/1996
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] In summary, the parties in this case acted as if “discrimination” was alleged. [...] The employer responded to the case as if it included a discrimination charge and made no objection to evidence of discrimination and retaliation.
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38.
Kitsap Transit, Decision 12540 (PECB, 2016) - 01/26/2016
DECISIONS - Unfair Labor PracticeDiscrimination Must Be Related to Union Activity for Commission to Have Authority [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity.
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39.
Jefferson PUD 1, Decision 12332-A (PECB, 2015) - 10/23/2015
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: [...] The Examiner concluded that Chapman established a prima facie case of discrimination.
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40.
King County, Decision 12582-D (PECB, 2018) - 09/07/2018
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 [...] The employer did not discriminate against Allen when Gillespie changed the evaluation.
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41.
State - Corrections, Decision 12002-A (PSRA, 2014) - 08/06/2014
DECISIONS - Unfair Labor PracticeThe Examiner correctly stated the legal standards for interference and discrimination. [...] The complainant maintains the burden of proof in discrimination cases. [...] The Examiner concluded the union proved a prima facie case of discrimination.
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42.
State - Revenue, Decision 10415-A (PSRA, 2010) - 06/30/2010
DECISIONS - Unfair Labor PracticeDiscrimination RCW 41.80.110(1)(c) provides that it is an unfair labor practice for an employer to “encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment.” The complainant maintains the burden of proof in employer [...] As a result, the FWLA failed to establish that the employer engaged in unlawful discrimination. [...] Because I find that the FWLA did not establish that the employer unlawfully discriminated against Redmon or the FWLA and dismiss the discrimination complaint, I must also dismiss the interference complaint.
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43.
Lower Columbia College, Decision 9171-A (PSRA, 2007) - 07/11/2007
DECISIONS - Unfair Labor Practice1. Did the Examiner correctly dismiss the claim of unlawful discrimination? [...] The Examiner reviewed the timing of the actions and testimony of the employee’s witnesses in finding that no discrimination occurred. [...] Chapter 41.56 RCW prohibits employer interference with, or discrimination against, the exercise of collective bargaining rights.
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44.
Seattle School District, Decision 10732-A (PECB, 2012) - 03/07/2012
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. [...] The employee maintains the burden of proof in such discrimination cases. [...] The union failed to establish the first prong of the discrimination test.
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45.
Seattle School District, Decision 13018 (PECB, 2019) - 06/12/2019
DECISIONS - Unfair Labor PracticeANALYSIS OF ISSUE 1 – DISCRIMINATION Applicable Legal Standards Discrimination [...] Denial of HIB and Discrimination Complaints Two employer policies are relevant to the employer’s processing of the HIB and discrimination complaints. [...] While an HIB complaint does not always include a discrimination claim, discrimination complaints are processed by the employer as HIB complaints.
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46.
Tacoma Housing Authority, Decision 7390 (PECB, 2001) - 05/14/2001
DECISIONS - Unfair Labor PracticeIn relation to the discrimination allegations, the deficiency notice stated that 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 with the Commission. [...] The union has cured the defects indicated in the deficiency notice concerning the discrimination allegations. [...] The allegations of the amended complaint and reply now include interference and discrimination allegations in violation of RCW 41.56.140(1) and (3).The Commission does not defer interference or discrimination allegations to arbitration or any other forum.
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47.
Seattle Colleges, Decision 12674 (PSRA, 2017) - 03/29/2017
DECISIONS - Unfair Labor PracticeDiscrimination for Union Activity Legal Standard It 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. [...] The complaint alleges possible racial discrimination by the employer.
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48.
Seattle School District (Washington Education Association), Decision 9927 (PECB, 2007) - 12/12/2007
DECISIONS - Unfair Labor PracticeThe heading to the statement of facts alleges union retaliation, interference, and discrimination. [...] Interference and Discrimination The complaint does not state facts sufficient to conclude that the union interfered with Fisher's collective bargaining rights or discriminated against her in violation of RCW 41.56.150(1). [...] Discrimination for Filing Charges Fisher alleges that the union discriminated against her for filing charges in violation of RCW 41.56.150(3).
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49.
King Fire District 16, Decision 9659 (PECB, 2007) - 04/30/2007
DECISIONS - Unfair Labor PracticeEight, the complaint refers to allegations of age discrimination. The Commission does not have jurisdiction to adjudicate claims involving age discrimination. [...] 1. Assuming all of the facts alleged to be true and provable, one interference and discrimination allegation of the complaint and amended complaint states a cause of action, summarized as follows: [...] The interference and discrimination allegations of the complaint and amended complaint as specified in this paragraph will be the subject of further proceedings under Chapter 391-45 WAC.
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50.
Yakima School District, Decision 8612 (EDUC, 2004) - 06/21/2004
DECISIONS - Unfair Labor PracticeThe amended complaint cured this defect by withdrawing the allegations of discrimination for filing an unfair labor practice charge in violation of RCW 41.59.140(1) (d). [...] Any violation of the domination or assistance of a union provisions of RCW 41.59.140(1) (b), discrimination provisions of RCW 41.59.140(1) (c), discrimination for filing an unfair labor practice charge provisions of RCW 41.59.140(1) (d), or refusal to bargain provisions of RCW 41.59.140(1) (e), is automatically a derivative [...] The interference, domination or assistance, discrimination, and refusal to bargain allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.