1,430 result(s)
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551.
Community Transit (Amalgamated Transit Union Local 1576), Decision 5177 (PECB, 1995) - 06/27/1995
DECISIONS - Unfair Labor PracticeA preliminary ruling letter issued on May 24, 1995,[1] invited Mr. Barberg to detail the relationship between the union's inaction and any invidious discrimination, such as on the basis of race, sex, national origin, or handicap. [...] The Commission only asserts jurisdiction over "duty of fair representation" issues where it appears that a union has acted against an employee it represents because of invidious discrimination, such as on the basis of race, sex, national origin, or handicap. [...] Mr. Barberg has not amended his complaint to include allegations that such invidious discrimination has occurred.
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552.
Pierce County v. Pierce County Deputy Sheriff's Independent Guild (135933-R-22, 2023) - 12/11/2023
LAW ENFORCEMENT DISCIPLINARY ARBITRATION - Grievance ArbitrationThe Guild argues the investigation was not fair and objective and free from discrimination. [...] The Guild argues the investigation was not fair, objective and free from discrimination. [...] The investigation was not free from bias and discrimination. Examining each test outlined in Enterprise Wire Co.:
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553.
State - Corrections, Decision 11349 (PSRA, 2012) - 04/19/2012
DECISIONS - Unfair Labor PracticeThe amended complaint alleges discrimination and retaliation by the employer against Porras and alleges that Porras is a member of a protected class. [...] It is an unfair labor practice in violation of RCW 41.80.110(1)(c) [and if so, derivative interference in violation of RCW 41.80.140(1)(a)], for an employer to discriminate against an employee in reprisal for union activities protected by Chapter 41.80 RCW. Discrimination is the actual deprivation of ascertainable rights, [...] Claims of discrimination under Chapter 41.80 RCW must indicate that protected union activity was a substantial motivating factor for employer actions.
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554.
City of Federal Way (WSCCCE), Decision 4495 (PECB, 1993) - 09/15/1993
DECISIONS - Unfair Labor Practice(3)To discriminate against a public employee who has filed an unfair labor practice charge; [...] The Examiner thus directs attention first to the alleged "interference" and "discrimination" against Bray and Snyder. [...] Washington's law against discrimination contains a sweeping policy statement strongly condemning many forms of discrimination.
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555.
City of Federal Way, Decision 4088-A (PECB, 1993) - 09/15/1993
DECISIONS - Election(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The Examiner thus directs attention first to the alleged "interference" and "discrimination" against Bray and Snyder. [...] Washington's law against discrimination contains a sweeping policy statement strongly condemning many forms of discrimination.
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556.
City of Federal Way, Decision 4088-B (PECB, 1994) - 07/25/1994
DECISIONS - ElectionWe thus turn our attention first to the alleged discrimination against Bray and Snyder. [...] For many years, the Commission applied a two-stage analysis in "discrimination" cases. [...] The union's attempt to portray Bray and Snyder as relatively blameless victims of employer discrimination was not persuasive to the Examiner, and has not persuaded the Commission.
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557.
King County, Decision 12083 (PECB, 2014) - 06/06/2014
DECISIONS - Unfair Labor PracticeThe statement of facts makes legal claims of retaliation and discrimination. [...] The Commission has jurisdiction only over retaliation and discrimination claims arising from alleged violations of collective bargaining statutes, in this case, Chapter 41.56 RCW (statute). [...] The statement of facts does not provide any indication that the alleged retaliation and discrimination violated the statute.
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558.
Port of Seattle, Decision 11848-A (PECB, 2014) - 03/17/2014
DECISIONS - Unfair Labor PracticeThe union alleged that the employer discriminated against an employee when it issued a non-investigatory matter (NIM) to a bargaining unit employee to document an incident and later rescinded the NIM. The union alleged that the employer interfered with employee rights when a supervisor “changed hats” and offered a [...] After a hearing, Examiner Emily H. Martin concluded that the employer did not discriminate and did not interfere with employee rights.[1] The union appealed. [...] The employer did not discriminate when it issued and rescinded the NIM. We affirm the Examiner.
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559.
Intercity Transit, Decision 2580 (PECB, 1986) - 12/26/1986
DECISIONS - Unfair Labor PracticeAmalgamated Transit Union, Local 1384 (complainant) filed a complaint charging unfair labor practices with the Public Employment Relations Commission (PERC) on December 31, 1985, alleging that Intercity Transit (respondent) had discriminated against a member of a bargaining unit represented by the complainant in connection [...] Specifically, the complainant alleged that an employee of the respondent was discriminated against because of his union activities. [...] Discrimination Based upon Union Activity The Public Employees Collective Bargaining Act, Chapter 41.56 RCW, prohibits public employers from discriminating against public employees based on their participation in collective bargaining activity.
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560.
Spokane Airport Board (IAFF Local 1789), Decision 4153 (PECB, 1992) - 09/18/1992
DECISIONS - Unfair Labor PracticeRelevant to the case now before the Examiner are the "Rights of Employees" contained in Section 7, the prohibition of "discrimination" as an unfair labor practice in Section 8(a)3, the prohibition of union-solicited discrimination in Section 8(b)(2), and the "Restrictions on Payments to Employee Representatives" contained [...] is fundamentally a narrow and tightly conditioned exception to the prohibition on "discrimination" found in Section 8(a)3 of the NLRA. A companion provision of the NLRA, Section 8(b)(2) prohibits unions from causing or attempting to cause an employer to discriminate against an employee in violation of Section 8(a) (3) . [...] In the context of language in RCW 41.56.040 which already prohibited "discrimination", RCW 41.56.140(1) prohibited employers from interfering with, restraining or coercing public employees in the exercise of their rights under the chapter.
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561.
Northshore Utility District, Decision 11267-A (PECB, 2012) - 09/21/2012
DECISIONS - Unfair Labor PracticeOn February 4, 2011, Michael Holte (Holte/complainant) filed an unfair labor practice complaint against the Northshore Utility District (employer) alleging employer discrimination. [...] Holte alleged employer discrimination for terminating him in reprisal for union activities and/or in reprisal for testifying in a prior unfair labor practice case. [...] We find that the employer did not discriminate against Holte in reprisal for protected union activities or for testifying at an unfair labor practice hearing.
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562.
Tacoma School District (Tacoma Education Association), Decision 13487 (EDUC, 2022) - 03/08/2022
DECISIONS - Unfair Labor PracticeThe Commission will assert jurisdiction in duty of fair representation cases only where a union is accused of aligning itself in interest against employees it represents based on invidious discrimination. [...] Williams has not alleged that the union failed to process her grievance based upon invidious discrimination. [...] Absent facts demonstrating the union declined to take Williams’s grievance to arbitration due to invidious discrimination, this allegation must be dismissed.
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563.
City of Seattle (Seattle Police Officers' Guild), Decision 11291-A (PECB, 2012) - 07/11/2012
DECISIONS - Unfair Labor PracticeHeitman told the union that she thought the employer had discriminated against her, created a hostile work environment, and/or retaliated against her. [...] According to Heitman, the union’s failure to act was arbitrary or bad faith and discriminated against her based on her marital status. [...] The Commission will assert jurisdiction in duty of 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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564.
Port of Seattle (ILWU Local 9), Decision 2548 (PECB, 1986) - 10/10/1986
DECISIONS - Unfair Labor PracticeFinally, those cases include the allegation concerning discrimination for filing the earlier charges. [...] [6] RCW 41.56.140(3) makes it an unfair labor practice for a public employer to "discriminate against a public employee who has filed an unfair labor practice charge". [...] [8] RCW 41.56.150(3) makes it an unfair labor practice for a bargaining representative to "discriminate against a public employee who has filed an unfair labor practice charge".
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565.
City of Seattle, Decision 7435 (PECB, 2001) - 06/07/2001
DECISIONS - Unit ClarificationThe cases were docketed as Cases 13149-U-97-3193 and 13150-U-97-3194.Case 13149-U-97-3193 involved allegations concerning employer discrimination against Ed McKenna because of his union activities on behalf of the union. [...] Case 13150-U-97-3194 involved allegations concerning employer discrimination against Margaret Boyle because of her union activities on behalf of the union. [...] The complaint, docketed as Case 13183-U-97-3205, involved allegations concerning employer discrimination against Steve Gonzalez because of his union activities on behalf of the union.
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566.
Seattle School District, Decision 13018-A (PECB, 2019) - 11/07/2019
DECISIONS - Unfair Labor PracticeThe union alleged that the employer discriminated against Tiffany White and interfered with employee rights. [...] The issues before the Commission are whether the employer discriminated against White when the employer refused to issue a letter excluding a parent from the school campus, when the employer denied complaints that White filed, and when the employer terminated White’s benefits while she was on leave; and whether the employer [...] The Examiner appropriately balanced White’s right to a safe workplace with the employer’s efforts to create a supportive educational environment for its students, and correctly stated the legal standard for the discrimination and interference allegations.
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567.
Vancouver School District, Decision 8453 (PECB, 2004) - 03/08/2004
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), by its disparate treatment of Nathaniel Gentry in a performance evaluation, in reprisal for union activities protected by Chapter 41.56 RCW. The complaint alleges that Gentry’s June, 2003 [...] Two, in relation to the allegations of discrimination under RCW 41.56.140(1), the complaint fails to allege facts indicating that the employer’s actions were taken in reprisal for union activities protected under Chapter 41.56 RCW. [...] The Public Employment Relations Commission does not have jurisdiction over allegations of discrimination based on sex.
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568.
Auburn School District, Decision 8223 (PECB, 2003) - 10/02/2003
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer discrimination 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 failing to interview Greer for several custodial job openings that he bid on, in reprisal for union activities protected by [...] One, in reference to the allegations of discrimination under RCW 41.56.140(1), the complaint fails to allege facts indicating that the employer’s actions were taken in reprisal for union activities protected under Chapter 41.56 RCW. Two, in relation to the allegations of violation of RCW 41.56.140(3), a violation concerning
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569.
State - Corrections, Decision 7953 (PSRA, 2003) - 01/08/2003
DECISIONS - Unfair Labor PracticeThe complaint alleged that the employer violated the parties’ collective bargaining agreement and committed unspecified unfair labor practices under Chapter 41.56 RCW, by its unfair treatment, discrimination based on race, and refusal to make reasonable accommodation for Clark after he suffered an on-the-job knee injury. [...] City of Walla Walla, Decision 104 (PECB, 1976).Allegations concerning racial discrimination must be addressed under the provisions of Chapter 49.60 RCW, Discrimination — Human Rights Commission.
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570.
City of Seattle, Decision 4551 (PECB, 1993) - 12/08/1993
DECISIONS - Unfair Labor PracticeIn a preliminary ruling letter issued on July 14, 1993, pursuant to WAC 391-45-110,[1] an allegation with respect to discrimination was found to state a cause of action for further proceedings before the Commission. [...] A cause of action was found to exist on an allegation that the employer discriminated against Scannell, by imposing a three-day suspension on him, because of his status as a shop steward. [...] Although the "discrimination" allegation is based on the complainant's role as a shop steward for the union, there was no indication in the complaint that Scannell was acting as an agent of the exclusive bargaining representative in filing the complaint.
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571.
City of Kelso, Decision 2633 (PECB, 1988) - 01/15/1988
DECISIONS - Unfair Labor Practice• • • (3) To discriminate against a public employee who has filed an unfair labor practice. [...] The Discrimination Allegations A public employer reserves discretion over its budget. [...] Against that background, it is not difficult to infer that the city may have acted out of anti-union animus, and so have discriminated against the employees represented by the union for pursuing their statutory rights.
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572.
Tacoma School District (Laborers Union Local 252), Decision 6813 (PECB, 1999) - 09/01/1999
DECISIONS - Unfair Labor PracticeThe deficiency notice issued in this case indicates the Commission does not assert jurisdiction over “breach of duty of fair representation” claims arising solely out of grievance processing, and that the complaint lacks any factual allegations concerning union discrimination which could call into question the union’s right [...] Union Discrimination - The Commission asserts jurisdiction over “fair representation” claims arising outside of the contractual orbit, but Powell has not brought his complaint within the class of cases which the Commission processes. [...] The Commission does police its certifications, and will assert jurisdiction over allegations that a union has abused its statutory status and privileges by discriminating against one or more bargaining unit employees on the basis of union membership, or that the union has engaged in some other form of discrimination against
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573.
SNOCOM, Decision 11149-C (PECB, 2013) - 04/16/2013
DECISIONS - Unfair Labor PracticeThe SNOCOM Dispatchers’ Association (union) filed an unfair labor practice complaint and three amended complaints alleging that the Southwest Snohomish County Public Safety Communications Agency (employer) made multiple unilateral changes, violated employees’ Weingarten rights, and discriminated against the union president [...] Examiner Jessica J. Bradley conducted a hearing over the course of eight days and found that the employer unilaterally implemented a work rule prohibiting employees from participating in union-related discussions in the work place, violated an employee’s Weingarten rights in an investigatory interview, and discriminated [...] We have reviewed the 10 days of hearing transcript, the 152 admitted exhibits, the employer’s brief in support of its appeal of the Examiner’s decision finding the employer discriminated, the union’s response brief to the employer’s appeal, the union’s brief in support of its cross-appeal of the Examiner’s decision finding
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574.
Bellevue College (Bellevue Community College Association of Higher Education), Decision 10031 (CCOL, 2008) - 04/04/2008
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern union interference with employee rights in violation of RCW 28B.52.073(2)(a), and "other" unfair labor practices concerning discrimination based upon race and gender. [...] Three, the complaint alleges that the union has failed to represent Hatstat and other employees subjected to discrimination based on gender and race. [...] Further, the Commission does not have jurisdiction to adjudicate claims involving race and gender discrimination.
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575.
Peninsula School District (PSE of Washington), Decision 5290 (PECB, 1995) - 10/04/1995
DECISIONS - Unfair Labor PracticeOn July 14, Pamela R. Murker filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, alleging that Public School Employees of Washington (PSE) had interfered with her rights and discriminated against her in connection with her employment as a bus driver by [...] Similarly, there are no factual allegations in the complaint supporting a claim that the union discriminated against Murker for filing charges, or committed other unfair labor practices.