1,430 result(s)
-
526.
King Fire District 24, Decision 2404 (PECB, 1986) - 03/12/1986
DECISIONS - Unfair Labor Practiceis a passing reference to "discrimination", the facts alleged in the complaint fall short of suggesting that either the employer or the union have discriminated against the complainant in reprisal for his having engaged in protected union activity or for his exercise of his statutory right to refrain from union activity. [...] Federal and state laws against discrimination impose some such limitations on employer discretion. [...] The complaint must be based on operative facts which indicate action by the union representatives to take advantage of their position in the union by negotiating terms which discriminate against the complainant in order to secure advantage for themselves, or for some other unlawful reason.
-
527.
SNOCOM, Decision 11149-B (PECB, 2012) - 07/31/2012
DECISIONS - Unfair Labor PracticeIn the original decision, to remedy the unlawful discrimination against Basim, the Examiner ordered the employer to: [...] The employer is only responsible to pay Basim back pay for income loss that was caused by the employer’s unlawful discrimination against her. [...] • Discriminated against Jodi Basim by giving her a 5-day unpaid suspension in February 2010.
-
528.
Issaquah School District (Teamsters Local 763), Decision 13868 (PECB, 2024) - 06/11/2024
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. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination.
-
529.
City of Orting, Decision 7959 (PECB, 2003) - 01/10/2003
DECISIONS - Unfair Labor PracticeA preliminary ruling was issued on July 15, 2002, finding a cause of action to exist on the allegation that Santos was discriminated against in retaliation for trying to file a grievance in 1999. [...] The employer’s “no cause of action” theory is predicated upon the failure of Santos to furnish evidence of unlawful interference or discrimination, and on the lapse of two years between the alleged protected activity and the discharge as negating a causal connection between any such events. [...] The “Discrimination for Union Activity” Claim Some of the rationale espoused by the employer in this case cannot, as a matter of law, be sustained.
-
530.
Morton School District, Decision 6735 (PECB, 1999) - 07/07/1999
DECISIONS - Unfair Labor PracticeOn November 25, 1998, Public School Employees of Morton (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, alleging that the Morton School District (employer) violated Chapter 41.56 RCW by discriminating against bargaining unit member Elizabeth [...] Paragraph 23 alleges that the children of other employees continued to be transported in accord with the past practice after Byrd's son was excluded from the school bus, which provides basis for a “discrimination” claim. [...] 1. A cause of action is found to exist, and further proceedings under Chapter 391-45 WAC are warranted, only with respect to the circumvention allegation in paragraph 18, the interference and domination allegations in paragraph 19, the discrimination allegations in paragraphs 21 through 24, and the refusal to provide
-
531.
City of Seattle, Decision 3066-A (PECB, 1989) - 09/29/1989
DECISIONS - Unfair Labor Practice7. For the same reason, the employer did not engage in unlawful discrimination by refusing to implement a 4/40 schedule. [...] 9. The employer did not unlawfully discriminate against bargaining unit employees by adopting case production performance standards for the enforcement division, but not for the contract compliance division. [...] Further, "just cause" is not the issue before the Commission on this "discrimination" unfair labor practice allegation.
-
532.
City of Seattle, Decision 1038 (PECB, 1980) - 11/26/1980
DECISIONS - Unfair Labor PracticeThe complainants argue that the city has unlawfully discriminated against Bannister because of his union activities, and has interfered with the rights of others currently employed. [...] "Discrimination may take forms other than discharge. Retaliatory action, such as failure to schedule, would be violative of the Act if done for proscribed reasons." [...] The complainant has not met its burden of proof to pursuade the Examiner that Thomas Bannister was discriminated against because of his union activities and that the City of Seattle thereby interfered with, restrained, or coerced public employees in the exercise of their rights guaranteed by the Public Employees Collective
-
533.
Clover Park School District v. Washington Education Association (784-F-77) - 04/27/1977
DECISIONS - Fact FindingIn a letter dated September 7, 1976, to the District, the Association stated "We understand your letter to confirm that the Board agrees to reopen negotiations ... only for the resolution of sex discrimination." [...] The District rejected that proposal in a letter dated February 22, 1977, on the grounds that its retroactive application was impossible, that it went beyond the problem of sex discrimination, and that it did not differentiate between head coaches and assistant coaches. [...] It is difficult to discern any basis for concluding that only a single hourly rate, in contrast to a multiple rate system, can avoid illegal sex discrimination.
-
534.
Clallam Transit, Decision 4597 (PECB, 1994) - 03/07/1994
DECISIONS - Unfair Labor PracticeMore recently, the Supreme Court of the State of Washington rejected the Mt. Healthy approach in two cases applying state "anti-discrimination" statutes similar to RCW 41.56.140(1). [...] The Examiner, the Commission, and the courts all recognize that circumstantial evidence is often the principal source of proof in discrimination cases. [...] b. Discriminating against Gerald W. Morris in retaliation for his exercise of his collective bargaining rights under Chapter 41.56 RCW.
-
535.
City of Kalama, Decision 7448 (PECB, 2001) - 06/27/2001
DECISIONS - Unfair Labor PracticeEmployer interference and discrimination in violation of RCW 41.56.140(1), and employer discrimination for filing an unfair labor practice charge in violation of RCW 41.56.140(3), by its discharge of union president Mike Wren in reprisal for his union activities protected by Chapter 41.56 RCW. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] This appears to be the first discrimination claim between these parties, and is certainly the first discrimination violation found against this employer, so the “repetitive misconduct” standard does not apply here.
-
536.
City of Seattle (Plumbers and Pipefitters, Local 32), Decision 12747 (PECB, 2017) - 07/14/2017
DECISIONS - Unfair Labor PracticeWashington State Human Rights Commission has jurisdiction over employment discrimination in the state of Washington. [...] The Equal Employment Opportunity Commission (EEOC) is a federal agency that also has jurisdiction over discrimination. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination.
-
537.
Grandview School District, Decision 12047 (EDUC, 2014) - 04/25/2014
DECISIONS - Unfair Labor PracticeInterference and discrimination claims The complaint alleges employer interference with or concerning Downing through employer e-mails and a letter. [...] This claim states a cause of action for discrimination (and derivative interference). [...] [B] Employer discrimination in violation of RCW 41.59.140(1)(c) [and derivative interference in violation of RCW 41.59.140(1)(a)], by reprimanding Downing in a letter of January 21, 2014, in reprisal for union activities protected by Chapter 41.59 RCW.
-
538.
Kelso School District (PSE of Washington), Decision 9744 (PECB, 2007) - 06/19/2007
DECISIONS - Unfair Labor PracticeFive, Britt apparently alleges employment discrimination and hostile work environment, but does not allege those claims are in violation of her collective bargaining rights under any applicable statute. [...] The Commission has no jurisdiction to adjudicate employment discrimination and hostile work environment claims unrelated to collective bargaining. [...] As stated in the deficiency notice, the Commission does not have jurisdiction to adjudicate employment discrimination claims, including failure to hire or promote.
-
539.
King County, Decision 6767-A (PECB, 1999) - 11/10/1999
DECISIONS - Unfair Labor PracticeIn the order of dismissal, the Executive Director ruled that the Commission has no jurisdiction over the race and disability discrimination, contract violations, and violations of various other laws alleged. [...] (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;
-
540.
City of Seattle, Decision 5391-C (PECB, 1997) - 11/19/1997
DECISIONS - Unfair Labor Practice(3)To discriminate against a public employee who has filed an unfair labor practice charge; [...] The cited case was decided under Chapter 49.60 RCW, the state law against discrimination. [...] A plaintiff in a "discrimination" case must prove that retaliation was a substantial factor behind a defendant's adverse employment action,[12] but we are not engaged in a "discrimination" analysis at this point.
-
541.
Toutle Lake School District, Decision 2474 (PECB, 1986) - 12/19/1986
DECISIONS - Unfair Labor PracticeShe also charged a refusal to bargain and discrimination based upon her previous union activities. [...] The union alleges that the district's failure to allow Hall to remain on day shift constitutes discrimination based upon union activities. [...] The record does not establish a motive of discrimination on the part of the employer based on Hall's union activities.
-
542.
Snohomish County, Decision 9834 (PECB, 2007) - 08/13/2007
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] Legal Standard – Discrimination The standard for sustaining a discrimination charge is well settled. [...] That test for discrimination requires: 1. The complainant must establish a prima facie case of discrimination, showing that:
-
543.
University of Washington, Decision 11309-B (PSRA, 2013) - 04/16/2013
DECISIONS - Unfair Labor PracticeOn March 30, 2011, the Washington Federation of State Employees (union) filed an unfair labor practice complaint alleging that the University of Washington (employer) discriminated against an employee. [...] On April 11, 2011, the Unfair Labor Practice Manager issued a preliminary ruling finding a cause of action for employer discrimination. [...] Examiner Claire Nickleberry conducted a hearing and issued a decision finding that the employer discriminated against Nicole Kennedy when it disciplined her for attending a meeting between the employer and the union after calling in ill later than required.[1] On March 20, 2012, the employer appealed.
-
544.
Federal Way School District, Decision 13691 (PECB, 2023) - 07/12/2023
DECISIONS - Unfair Labor PracticeColbert Evans alleges the filed grievance was a form of harassment, bullying, and discrimination. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The complaint states that Colbert Evans felt the union’s action of filing a grievance and the grievance impacting Colbert Evans was a form of discrimination.
-
545.
City of Pasco, Decision 13596 (PECB, 2022) - 11/17/2022
DECISIONS - Unfair Labor PracticeFor example, it is an unfair labor practice for an employer to discriminate against a public employee in retaliation for that employee’s exercise of protected activity. [...] The 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.
-
546.
City of Arlington, Decision 13472 (PECB, 2022) - 02/01/2022
DECISIONS - Unfair Labor PracticeEmployer discrimination in violation of RCW 41.56.140(3) [and if so, derivative interference in violation of RCW 41.56.140(1)] within six months of the date the complaint was filed, by skimming bargaining unit work from the union after the union filed an unfair labor practice charge. [...] The interference, domination, discrimination, and skimming allegations of the amended complaint states a cause of action under WAC 391-45-110(2) for further case proceedings before the Commission. [...] 1. Assuming all of the facts alleged to be true and provable, the interference, domination, discrimination, and skimming allegations of the amended complaint state a cause of action, summarized as follows:
-
547.
Dayton School District (Dayton Education Association), Decision 8042-A (EDUC, 2004) - 02/11/2004
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. [...] First, [the union] must treat all factions and segments of its membership without hostility or discrimination. [...] Thus, a union that discriminates against a bargaining unit employee subjects itself to a potential remedial order that could jeopardize its right to continue as the exclusive bargaining representative of that unit.
-
548.
University of Washington, Decision 8216 (PSRA, 2003) - 09/24/2003
DECISIONS - Unfair Labor Practice1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the complaint in Case 16603-U-02-4326 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 conduct on or after February 12, 2002, of including a research technologist position occupied by Lynn Kemper in a bargaining unit represented by the Washington Federation of State Employees. [...] The interference and discrimination allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
-
549.
Pierce Fire District 2 (IAFF Local 1488), Decision 4064 (PECB, 1992) - 05/04/1992
DECISIONS - Unfair Labor PracticeThe Commission does assert jurisdiction to police its certifications, where it is alleged that a union has discriminated on some invidious basis.[4] Paragraph 2 of the original statement of facts contained a reference to discrimination on the basis of sex, but no details were provided to explain how sex has been a factor in [...] The supplemental letter contains no additional information to support a claim of discrimination on the basis of sex. [...] [4] An employee injured by such discrimination is entitled to question the right of the union to continued enjoyment of the benefits conferred by the statute on an "exclusive bargaining representative".
-
550.
Port of Anacortes, Decision 12160-A (PORT, 2015) - 01/22/2015
DECISIONS - Unfair Labor PracticeFirst, did the employer discriminate against an employee when it discontinued his light duty assignment? [...] The Examiner correctly stated the legal standards for discrimination. [...] The findings of fact support the Examiner’s conclusions of law that the employer did not discriminate against an employee when it discontinued his temporary light duty assignment.