1,430 result(s)
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651.
City of Seattle (IBEW Local 46), Decision 8694 (PECB, 2004) - 08/25/2004
DECISIONS - Unfair Labor PracticeThe amended complaint failed to cure the defect noted in the deficiency notice concerning the allegations of employer discrimination under RCW 41.56.140 (1). [...] deleting allegations of employer domination or assistance of a union under RCW 41.56.140 (2), finding a cause of action for allegations of an “other unfair labor practice” by violating RCW 41.56.110, and dismissing allegations of employer discrimination under RCW 41.56.140 (1) for failure to state a cause of action. [...] 4. The allegations of the complaint and amended complaint in Case 18555-U-04-4722 concerning employer discrimination in violation of RCW 41.56.140(1), are DISMISSED for failure to state a cause of action.
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652.
Port of Seattle, Decision 7603 (PECB, 2002) - 01/17/2002
DECISIONS - Unfair Labor PracticeThe complaint in Case 16079-U-01-4104 alleged that the employer interfered with employee rights in violation of RCW 41.56.140(1), and discriminated against Glover for filing an unfair labor practice charge in violation of RCW 41.56.140(3), by terminating Glover for failure to pay union dues and for contacting the Washington [...] In relation to the allegations in Case 16079-U-01-4104 concerning termination of Glover by the employer for contacting the Washington State Human Rights Commission, the deficiency notice indicated that those allegations must be addressed under the provisions of Chapter 49.60 RCW, Discrimination - Human Rights Commission. [...] In relation to the allegations in Case 16079-U-01-4104 of employer discrimination for filing an unfair labor practice charge in violation of RCW 41.56.140(3), the deficiency notice indicated that the statement of facts attached to the complaint did not contain any factual allegation of employer misconduct for the filing of
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653.
Tacoma School District, Decision 7141-A (EDUC, 2000) - 09/26/2000
DECISIONS - Unfair Labor PracticeEmployer interference with employee rights and discrimination in violation of RCW 41. 59. 140(1)(a) and (c), and employer discrimination for filing an unfair labor practice charge in violation of RCW 41. 59. 140(1)(d), by negotiating Sections 27 and 57. [...] Union interference with employee rights and inducing an employer to discriminate against an employee in violation of RCW 41. 59. 140(2)(a) and (b), and union discrimination for filing an unfair labor practice charge in violation of RCW 41. 59. 140(2)(a), by negotiating Sections 27 and 57. [...] Union interference with employee rights and union discrimination for filing an unfair labor practice charge in violation of RCW 41. 59. 140(2)(a), through statements by union representative Linda McCone to a substitute teacher, in reprisal for union activities protected by Chapter 41. 59 RCW.
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654.
City of Seattle (IFPTE Local 17), Decision 4556-A (PECB, 1994) - 03/31/1994
DECISIONS - Unfair Labor PracticeShe urges review because women need to be able to work in an environment free of harassment and discrimination. [...] (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; and
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655.
Metro Parks District of Tacoma, Decision 2272-A (PECB, 1986) - 05/30/1986
DECISIONS - Unfair Labor PracticeExaminer Rex L. Lacy issued findings of fact, conclusions of law and order in the above-entitled matter on January 9, 1986, finding that the employer had committed "interference" unfair labor practices in violation of RCW 41.56. 140(1) but dismissing an allegation of discrimination in regards to the discharge of Judith [...] The examiner ordered that the park district cease and desist from such conduct and that the employer post a notice stating that it would not interfere with or discriminate against any employee because of their exercise of protected activities under Chapter 41.56 RCW. However, the examiner found that the layoff of Pearce was [...] If there were a pattern suggesting discrimination, or other sufficient evidence of an unfair labor practice (such as proof of a retaliatory layoff for collective activity) we would certainly consider ancillary personnel rule violations as a part of that pattern or practice.
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656.
Washington State Ferries (IAM District Lodge 16), MEC Decision 169 (1997) - 06/30/1997
MARINE EMPLOYEES COMMISSION - Marine Employees CommissionMr. Myers also charged the International Order of Machinists, District Lodge 160, Local 79 (IAM) with restraining or coercing employees in the exercise of rights guaranteed by RCW 47.64.130 and with causing or attempting to cause the employer to discriminate against an employee in violation of WAC 316-45-003(1)(c). [...] Myers failed to establish discrimination. Myers tried, but failed to establish some collusion between IAM and WSF. [...] It did not violate any rights guaranteed under the RCW 47.64.130, nor did it discriminate against Mr. Myers by its actions in hiring Doug Easterday.
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657.
Lake Washington School District, Decision 13262 (EDUC, 2020) - 11/24/2020
DECISIONS - Unfair Labor PracticeThornley filed race discrimination claims against the district in June and July of 2019. [...] 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.
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658.
King County (Professional and Technical Employees Local 17), Decision 12618 (PECB, 2016) - 09/19/2016
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. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The complainant goes on to allege that the union discriminated against her because of her race and gender but does not describe any facts linking her race or gender to the union’s inaction.
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659.
Southwest Washington Agency on Aging and Disabilities (OPEIU Local 11), Decision 12323 (PECB, 2015) - 04/28/2015
DECISIONS - Unfair Labor PracticeThe 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. [...] Seattle School District, Decision 4917-A. In this case, the facts do not allege discrimination based on union membership or invidious discrimination.
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660.
City of Seattle (Seattle Police Officers' Guild), Decision 11291 (PECB, 2012) - 02/08/2012
DECISIONS - Unfair Labor Practiceof a union member through threats of reprisal or force or promises of benefit, and/or to breach its duty of fair representation because of the union member’s union activities or status; through arbitrary or bad faith action or inaction; or because of discrimination based upon race, gender, and similar invidious factors. [...] The amended complaint argues that the union’s refusal or failure to file a grievance, or otherwise act on Heitman’s behalf, is on its face arbitrary and in bad faith, and that in addition, it is discrimination based upon her marital status. [...] Regarding the allegation of discrimination based upon marital status, Heitman does not provide information indicating invidious, disparate treatment, for example: There are no allegations indicating that the union routinely files intra-bargaining unit grievances on behalf of unmarried bargaining unit members against other
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661.
South Whidbey School District, Decision 11134 (EDUC, 2011) - 08/02/2011
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer interference with employee rights in violation of RCW 41.59.140(1)(a) and discrimination in violation of RCW 41.59.140(1)(c) [and if so, derivative interference in violation of RCW 41.59.140(1)(a)], by its actions toward Eric Hood. [...] South Whidbey School District, Decisions 10880-A, 10939-A. The employer could not have interfered or discriminated against Hood−in violation of Chapter 41.59 RCW−after the end of his employment. [...] Hood did not submit an amended complaint form, and the original complaint’s allegations of interference and discrimination remain the only claims.
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662.
Tacoma School District (Tacoma Education Association), Decision 7142-B (EDUC, 2001) - 05/10/2001
DECISIONS - Unfair Labor PracticeMehlhaff alleged that the union interfered with employee rights, induced the employer to discriminate, and discriminated against the filing of charges, in violation of RCW 41. 59. 140(2). [...] [3]The sole issue remaining for processing in this case was whether statements concerning Mehlhaff which were allegedly made by Linda McCone to a substitute teacher constituted union interference with employee rights and discrimination for filing an unfair labor practice charge, in violation of RCW 41. 59. 140(2) (a).
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663.
State - Retirement Systems, Decision 5437 (PECB, 1996) - 02/08/1996
DECISIONS - Unfair Labor PracticeConsider this letter and the enclosures as an unfair labor practice complaint against the Washington State Retirement System and all school districts in the State that discriminate against extra-curricular employees who are not also teachers in their school district . [...] Neither the materials filed on November 22, 1995 nor the letter filed on January 16, 1996 identified the "school districts in the State that discriminate against extra-curricular employees". [...] Each employee who might claim to have been discriminated against would need to file and prosecute his or her own complaint charging unfair labor practices with the Commission.
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664.
Yakima County, Decision 5790 (PECB, 1996) - 12/30/1996
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] Interference and discrimination violations are sometimes based on demonstrated differences in treatment among a class of employees. [...] Decision 5742 (PECB, 1996), or where there is only a “fleeting reference” to a prior grievance that alleged discrimination for union activity, Bremerton School District.
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665.
Spokane County, Decision 5698 (PECB, 1996) - 10/09/1996
DECISIONS - Unfair Labor PracticeSimilarly, it is an unfair labor practice for an employer to interfere with or discriminate against employees in the exercise of their statutory right to file and pursue grievances. [...] Although proof of the employer’s intent to discriminate is necessary to find a “discrimination” violation, a finding of intent is not necessary, if the employer’s actions are reasonably perceived by employees as a threat of reprisal related to their lawful union activities. [...] Taken literally, the letter constitutes a clear and unmistaken implication of future discrimination if the union continued to pursue the shift change issue.
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666.
City of Redmond (Redmond Employees Association), Decision 886 (PECB, 1980) - 05/21/1980
DECISIONS - Unfair Labor PracticeThe City asserts that the Association’s processing of a grievance is discretionary, that the City played no part in the Association’s determination to drop the grievance, and that the City did not discriminate against Hartman for exercising his rights. [...] The duty of fair representation was conceived in the context of a proceeding brought under the Railway Labor Act, involving gross racial discrimination. [...] The U.S. Supreme Court held that an exclusive bargaining agent has the duty to represent fairly and without discrimination all those for whom it acts.
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667.
Federal Way School District, Decision 13010 (PECB, 2019) - 05/24/2019
DECISIONS - Unfair Labor PracticeButts alleged that her first union representative, Ed Wolf, refused to file a racial discrimination, bullying, and retaliation grievance on her behalf during the 2008-2009 school year. [...] 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.
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668.
Renton School District (American Federation of Teachers Washington), Decision 13503 (PECB, 2022) - 04/28/2022
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. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] Furthermore, while a union owes a duty of fair representation to bargaining unit employees, the Commission asserts jurisdiction in duty of fair representation cases only when an employee alleges his or her union aligned itself in interest against employees it represents based on invidious discrimination.
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669.
City of Spokane (International Association of Fire Fighters, Local 29), Decision 13001 (PECB, 2019) - 05/14/2019
DECISIONS - Unfair Labor PracticeAn individual employee can allege interference, discrimination, and domination violations against the employer. [...] 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.
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670.
University of Washington, Decision 12908 (FCBA, 2018) - 08/23/2018
DECISIONS - Unfair Labor PracticeOn an unidentified date, Asberry filed a separate discrimination complaint with the University Complaint and Investigation and Resolution Office (UCIRO). [...] The duty of fair representation requires an exclusive bargaining representative 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.
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671.
City of Port Townsend (Teamsters Local 589), Decision 6433-B (PECB, 2000) - 01/12/2000
DECISIONS - Unfair Labor PracticeContending that an “interference” charge was not invoked, the union argues the complaint should be analyzed only as a discrimination claim. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The standard, set forth by the United States Supreme Court in Vaca v. Sipes, 386 U.S. 171 (1967), requires that the union deal with all employees without hostility, or discrimination, in a reasonable nonarbitrary manner and in good faith.
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672.
Toutle Lake School District, Decision 2659 (PECB, 1987) - 04/03/1987
DECISIONS - Unfair Labor PracticeDiscrimination Allegations. Generally The collective bargaining statute protects applicants for employment from discrimination based on union animus. [...] Discrimination In Hiring In considering the complainant's claim that she was discriminated against when passed over in favor of another applicant, a step-by-step review of the April, 1985, selection process is necessary. [...] Discrimination in the form of changing of scheduling or assignment practices toward an employee who engages in protected activities is an unfair labor practice.
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673.
Port of Seattle (IAFF Local 1257), Decision 1624 (PECB, 1983) - 07/15/1983
DECISIONS - Unfair Labor PracticeIt requests that the Port be ordered to cease and desist its discrimination, that the complainant be made whole for loss of wages, benefits, and seniority, and that his attorneys fees and costs be awarded. [...] The Alleged Discrimination Where an employer responds to discrimination allegations with claim of business reasons for its actions, a shifting of burdens occurs during the course of litigation. [...] a. Failing to promote or otherwise discriminating against any employee because of the exercise of the right to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations.
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674.
Grant Public Hospital District 1, Decision 8378-A (PECB, 2004) - 10/29/2004
DECISIONS - Unfair Labor PracticeRCW 41.56.040 grants public employees the right to organize and designate representatives of their own choosing without the interference, restraint, coercion or discrimination from their employer. [...] While an employer has free speech rights, its opposition to union activities cannot rise to the level of interference with or discrimination against employees for engaging in protected activities. [...] RCW 41.56.140(3) specifically prohibits employers from discriminating in reprisal for pursuit of claims before this Commission.
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675.
King County, Decision 3178-B (PECB, 1990) - 09/27/1990
DECISIONS - Unfair Labor PracticeThose claimed distinctions are not persuasive, however, in assessing when the disputed position was "filled" for the purposes of determining a remedy in a discrimination case. [...] Absent its unlawful discrimination against her when she applied to return from a medical leave, the position could as easily have been filled by Higgins on March 2, 1988. [...] 3. Patricia Higgins is to be made whole for the wages and benefits lost as a result of the discrimination against her, by payment of backpay at the rate of pay of the "animal control officer" for the period from March 2, 1988 until the date of the unconditional offer of reinstatement made pursuant to the order of the