1,430 result(s)
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601.
Shelton School District, Decision 579 (EDUC, 1979) - 01/30/1979
DECISIONS - Unfair Labor PracticeMore motions followed which would be useless to detail, except for those discussed below under the heading:"Discrimination Against Witnesses". [...] DISCRIMINATION AGAINST WITNESSES: On December 2, 1976, the association moved to reopen the record to admit evidence that the pay of its witnesses had been docked for the days they attended the hearings on these matters. [...] " The language of that letter is conclusive evidence of unlawful discrimination.
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602.
Port of Longview (ILWU Local 21), Decision 9394-A (PECB, 2007) - 06/29/2007
DECISIONS - Unfair Labor PracticeChapter 41.56 RCW prohibits unions from interfering with or discriminating against a public employee who exercises rights secured by the statute: [...] “A union may induce an employer to commit any unfair labor practice: interference, assistance of union, discrimination, or refusal to bargain.” City of Issaquah (Issaquah Police Services Association), Decision 9255 (PECB, 2006). [...] In his case against the employer, Milligan presented no facts supporting his belief that the employer discriminated against him.
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603.
Lower Columbia College, Decision 8117 (PSRA, 2003) - 06/19/2003
DECISIONS - Unfair Labor PracticeThe union could have sought timely amendment in Case 16499-U-02-4259 to broaden the “discrimination” theories already asserted in that proceeding, but it did not do so and the “interference” and “domination” claims asserted in the above-captioned cases do not relate back to the earlier case. [...] Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), by [the employer’s] selection of Carole Jordan for reduction in force and by its discipline of Ron Adkisson, in reprisal for their union activities protected by Chapter 41.56 RCW. [...] In a letter filed on June 13, 2003, the WFSE has questioned whether discrimination charges concerning two bargaining unit employees constitute a sufficient basis to invoke the “blocking charge” rule.
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604.
City of Seattle, Decision 489 (PECB, 1978) - 09/12/1978
DECISIONS - Unfair Labor PracticeTherein Scannell alleged that management had retaliated against him for using the grievance procedure, that management had not adequately responded to his grievances, that intermittent workers were being subjected to "speedups", that certain of them had been subjected to sex discrimination and that they were unfairly denied [...] Nor does the record support the allegation that employees were discriminated against for appearing at grievance hearings. [...] 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.
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605.
City of Port Angeles, Decision 10445 (PECB, 2009) - 06/17/2009
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Manager dismisses the allegations of the complaint concerning employer discrimination for failure to state a cause of action, and finds causes of action for the allegations of the complaint concerning independent employer interference. [...] The deficiency notice pointed out the defects to the complaint concerning employer discrimination. [...] 3 The allegations of employer discrimination in violation of RCW 41.56.140(1) are DISMISSED for failure to state a cause of action.
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606.
City of Seattle, Decision 10363 (PECB, 2009) - 04/08/2009
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), and domination or assistance of a union in violation of RCW 41.56.140(2), by its actions regarding Castello. [...] Three, Castello claims employer interference with employee rights and discrimination in violation of RCW 41.56.140(1). [...] Castello realleges his claims of employer interference and discrimination, claiming violations of the “National Labor Relations Act, Sec. 7 [sec. 157] . . .
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607.
City of Seattle, Decision 5853 (PECB, 1997) - 02/27/1997
DECISIONS - Unfair Labor PracticeParagraph Y of the amended complaint alleges discrimination against Boling by denial of training, in retaliation for his opposition to subcontracting, his efforts to enforce the collective bargaining agreement, and his role as shop steward. [...] Further, this paragraph still fails to identify the employer officials alleged to have discriminated. [...] Employer knowledge of the employee’s protected activities is an essential element of a discrimination unfair labor practice.
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608.
Bethel School District, Decision 332 (EDUC, 1977) - 12/22/1977
DECISIONS - Unfair Labor Practice..... (c) To encourage or discharge membership in any employee organization by discrimination in regard to hire, tenure of employment or any term or condition of employment, but nothing contained in this subjection shall prevent an employer from requiring, as a condition of continued employment, payment of periodic dues and [...] The operative words in RCW 41.59.140(1)(c) are "by discrimination in regard to hire, tenure of employment or any term or condition of employment". [...] There is no allegation of any action taken against any employee which could be characterised as unlawful discrimination.
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609.
Olympic ESD 114, Decision 4361 (PECB, 1993) - 04/30/1993
DECISIONS - Unfair Labor Practiceb. Interfering with or discriminating against Linda Colfax for her exercise of her collective bargaining rights under Chapter 41.56 RCW. [...] c. Interfering with or discriminating against John Helget for his exercise of his collective bargaining rights under Chapter 41.56 RCW. [...] Did the employer discriminate against its employees by laying them off on May 1?
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610.
Skagit County, Decision 8746-A (PECB, 2006) - 02/13/2006
DECISIONS - Unfair Labor Practice4. Did the employer discriminate against a bargaining unit employee who exercised her statutory rights? [...] ISSUE 3: THE DISCRIMINATION CLAIM The union alleged that the employer discriminated against incumbent employees. [...] A discrimination violation 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;
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611.
Bellevue School District, Decision 10868 (PECB, 2010) - 09/22/2010
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern: Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1); employer domination or assistance of a union in violation of RCW 41.56.140(2); employer refusal to bargain in violation of RCW 41.56.140(4); union interference with employee rights in [...] The Commission has jurisdiction over claims brought by individual employees concerning their collective bargaining rights, but may not intercede where employees claim other forms of harassment or discrimination. [...] The amended complaint also alleges age discrimination. The Commission does not have jurisdiction to remedy Dougherty’s claims.
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612.
State - Corrections, Decision 10543 (PSRA, 2009) - 09/22/2009
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer interference with employee rights in violation of RCW 41.80.110(1)(a), domination or assistance of a union in violation of RCW 41.80.110(1)(b), discrimination in violation of RCW 41.80.110(1)(c), and unspecified “other” violations, by its actions toward Portugal. [...] Three, it is an unfair labor practice in violation of RCW 41.80.110(1)(a) and (c) for an employer to interfere with employee rights and discriminate against employees in reprisal for union activities protected under Chapter 41.80 RCW. Filing a union grievance is a protected activity. [...] Portugal has alleged employer interference, discrimination, and domination or assistance of a union; however, his remedy request asks for specific performance of the agreement concerning the trial period.
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613.
University of Washington (SEIU Local 1199NW), Decision 10397 (PSRA, 2009) - 05/08/2009
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern union interference with employee rights in violation of RCW 41.80.110(2)(a), inducing the employer to commit an unfair labor practice in violation of RCW 41.80.110(2)(b), discrimination for filing charges in violation of RCW 41.80.110(2)(c), refusal to bargain in violation of RCW [...] Regarding the claim of discrimination for filing charges, the complaint alleges no facts indicating that the union's actions were in reprisal for Brown filing an unfair labor practice complaint with the Commission or giving testimony before the Commission. [...] The amended complaint addresses the allegations concerning the union inducing the employer to commit a violation, discrimination for filing charges, and “other” unfair labor practices (the union not proceeding to arbitration).
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614.
City of Redmond, Decision 5657 (PECB, 1996) - 09/06/1996
DECISIONS - Unfair Labor PracticeOn June 4, 1996, Gary L. Minor filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, alleging that the City of Redmond has discriminated against him. [...] The first attachment to the complaint filed in this case is a copy of a “Charge of Discrimination” form which Minor filed with the Washington State Human Rights Commission (HRC). [...] Thus, allegations concerning violations of the Americans With Disabilities Act and/or the Washington Law Against Discrimination do not state claims for relief available through unfair labor practice proceedings under Chapter 41.56 RCW and Chapter 391-45 WAC.
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615.
North Beach School District, Decision 2487 (PECB, 1986) - 07/03/1986
DECISIONS - Unfair Labor PracticeMatheson complains that the letter constituted interference, restraint, coercion and discrimination on the part of PSE against the him, principally by discrediting Matheson in the eyes of his co-workers. [...] There is no allegation that the union made any threats of reprisal or force against the complainant, or that it was in collusion with the employer to discriminate against the complainant, or that the collective bargaining agreement was applied in a discriminatory manner. [...] In order for an action to be within the jurisdiction of the Commission, the claim must allege facts that tie the alleged interference or discrimination to an activity that is protected by the statute.
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616.
Grant Public Hospital District 1, Decision 6673 (PECB, 1999) - 04/30/1999
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] A “discrimination” violation under RCW 41.56.140(1) involves intentional action by an employer based on protected union activity, and so requires a higher standard of proof than an “interference” violation. [...] To be successful, a complainant must at least establish a prima facie case that discrimination has taken place.
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617.
Kent School District, Decision 12771 (EDUC, 2017) - 08/30/2017
DECISIONS - Unfair Labor PracticeThe deficiency notice explained the complaint lacks necessary dates and information concerning allegations of discrimination and interference with union activity. [...] In this case, the complaint did not contain dates or participants for any of the discrimination allegations. [...] The facts and events described in the complaint make vague allegations of discrimination for union activity, but did not include dates or names of many of the participants.
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618.
Green River Community College (Washington Federation of State Employees), Decision 10199 (PSRA, 2008) - 10/06/2008
DECISIONS - Unfair Labor Practiceasserts employer interference or discrimination involving the employee's exercise of collective bargaining rights under an applicable statute, in this case, Chapter 41.80 RCW. Feliciano has not alleged that the employer interfered or discriminated against him in connection with, or reprisal for, his union activities. [...] Feliciano made legal claims of interference and discrimination in violation of his rights under Chapter 41.80 RCW, but provided no evidence of any union activities prior to his termination.
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619.
Port of Pasco, Decision 8919 (PECB, 2005) - 04/27/2005
DECISIONS - Unfair Labor PracticeIt found that the complaint described possible 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). [...] We do not defer to arbitrators on other types of issues.” Thus, the Commission does not defer "discrimination" or “retaliation” charges. [...] Although the complaint refers to violations of the collective bargaining agreement, it claims that the actions described constitute discrimination and retaliation for union activity.
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620.
City of Quincy, Decision 10999 (PECB, 2011) - 02/09/2011
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concerned employer discrimination (and if so, derivative interference) in violation of RCW 41.56.140(1), by actions toward Aaron Doyle (Doyle) in reprisal for union activities protected by Chapter 41.56 RCW. [...] Filing and appealing a grievance are protected activities under Chapter 41.56 RCW. Placing an employee on administrative leave with pay may constitute discrimination and derivative interference in violation of RCW 41.56.140(1). [...] [1] Employer discrimination (and if so, derivative interference) in violation of RCW 41.56.140(1), by placing Aaron Doyle on paid administrative leave on June 25, 2010, in reprisal for union activities protected by Chapter 41.56 RCW; and
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621.
Port of Bellingham, Decision 5640 (PORT, 1996) - 08/23/1996
DECISIONS - Unfair Labor PracticeThe union also alleges that the employer unlawfully discriminated against Boyd, by selecting her for layoff because of her protected union activities. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] 3. The union has not presented a prima facie case showing that the employer has violated RCW 41.56.140(1) by discrimination against Maria Boyd in retaliation for protected union activities .
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622.
Tacoma School District (Tacoma Education Association), Decision 5086-A (EDUC, 1995) - 08/22/1995
DECISIONS - Unfair Labor PracticeThe complainant seeks to amend her complaint to include claims of discrimination and interference with her protected activities. [...] The proposed amendments to the complaints attempt to bolster the allegations with claims of discrimination on the basis of having no continuing contract under Title 28A RCW, and interference with protected activities. [...] None of the allegations rise, however, to the level of discrimination prohibited by the collective bargaining statute or interference with the types of activities protected by those statutes.
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623.
Warden School District (Warden Education Association), Decision 1062 (EDUC, 1981) - 01/02/1981
DECISIONS - Unfair Labor PracticeOn January 19, 1979, a complaint was filed with the Public Employment Relations Commission on behalf of the complainant, Harriett Clark, alleging that the respondent, Warden School District No. 146-161, has discriminated against her because of her protected union activities. [...] 3. By threats and by actions taken to alter the complainant's conditions of employment, Warden School District No. 146-161 has interferred with and discriminated against the complainant in violation of RCW 41.59.140(1)(a) and (c). [...] b. Discriminating against employees by changing work assignments, evaluation procedures or other conditions of employment in reprisal for exercise of the rights under RCW 41.59.060.
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624.
City of Seattle, Decision 3329-B (PECB, 1990) - 03/20/1990
DECISIONS - Unfair Labor PracticeThe second grievance alleged that the employer had discriminated against Tilahun because she had filed the initial grievance. [...] On May 7, 1987, the employer refused to provide the information, because the union was also litigating the discrimination issue before an arbitrator and in the courts. [...] The later grievance involved allegations of discrimination for having filed the initial grievance.
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625.
City of Federal Way (WSCCCE), Decision 5183 (PECB, 1995) - 06/30/1995
DECISIONS - Unfair Labor PracticeStandards for Determining "Discrimination" Claims RCW 41.56.040 gives public employees a right to organize and select representatives of their own choosing, free from interference and discrimination. [...] The Supreme Court of the State of Washington has adopted a "substantial factor" test for determining discrimination cases. [...] To establish a prima facie case of unlawful discrimination, the complainants have the burden to prove: