1,432 result(s)
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51.
Colfax School District, Decision 10774 (PECB, 2010) - 05/28/2010
DECISIONS - Unfair Labor PracticeThe employer did not commit an interference or discrimination violation. [...] APPLICABLE LEGAL STANDARD – DISCRIMINATION In two recent decisions, the Commission set forth the standards a complainant must meet to prevail on a discrimination claim. [...] The complaining party bears the burden of proof in employer discrimination cases.
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52.
State - Corrections, Decision 12371 (PSRA, 2015) - 07/07/2015
DECISIONS - Unfair Labor PracticeLegal Standards for Discrimination Allegations 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 only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity.
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53.
Central Washington University, Decision 10118-A (PSRA, 2010) - 05/19/2010
DECISIONS - Unfair Labor PracticeApplicable Legal Standard - Discrimination An employer unlawfully discriminates against an employee when it takes action in reprisal for the employee’s exercise of rights protected by the Public Employees’ Collective Bargaining Act, Chapter 41.56 RCW. Educational Service District 114, Decision 4361-A (PECB, 1994).[4] The [...] To prove discrimination, the employee must first set forth a prima facie case by establishing the following: [...] Because the union failed to establish that the employer discriminated against employees by precluding them from using the e-mail system for organizing, we must dismiss the interference claim, as well as the discrimination claim, because the alleged facts that gave rise to the discrimination claim are the same facts that
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54.
Brinnon School District, Decision 7210-A (PECB, 2001) - 10/09/2001
DECISIONS - Unfair Labor PracticeThe Standards for Determining Discrimination Allegations The test for determining “discrimination” allegations is (and always has been) more rigorous than the test for “interference.” [...] When a union or employee claims discrimination, the first prong of the shifting burden scheme is met by establishing a prima facie case of discrimination. [...] If a prima facie case is established, a rebuttable presumption of discrimination is created.
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55.
Ferndale School District, Decision 13536 (PECB, 2022) - 07/21/2022
DECISIONS - Unfair Labor PracticeGeneral discrimination violations outside the Commission’s jurisdiction. [...] The complainant maintains the burden of proof in discrimination cases. [...] The complaint lacks facts alleging a discrimination allegation within the Commission’s jurisdiction.
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56.
Seattle School District, Decision 10732 (PECB, 2010) - 04/13/2010
DECISIONS - Unfair Labor PracticeISSUE 6 – DISCRIMINATION – RESTRICTING ACCESS APPLICABLE LEGAL STANDARD [...] ISSUE 7 – DISCRIMINATION – DENIAL OF ACCESS APPLICABLE LEGAL STANDARD [...] Therefore, the first prong of the test for discrimination is not met.
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57.
Olympic College, Decision 13006 (PSRA, 2019) - 05/20/2019
DECISIONS - Unfair Labor PracticeEmployer general discrimination allegations. The complaint does not state a cause of action. [...] The complainant maintains the burden of proof in discrimination cases. [...] The Commission does not have jurisdiction over general discrimination complaints.
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58.
City of Mabton, Decision 10323 (PECB, 2009) - 02/05/2009
DECISIONS - Unfair Labor PracticeI conclude the employer discriminated against Tijerina in violation of RCW 41.56.140(1). [...] I find the union proved all three elements of its prima facie case of discrimination: [...] The union has proven all three elements of its prima facie discrimination case.
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59.
South Whidbey School District, Decision 8466 (PECB, 2004) - 03/22/2004
DECISIONS - Unfair Labor PracticeHowever, the union did not check the box entitled “Employer Discrimination” on the complaint form (Form U-1). [...] The deficiency notice asked whether the union was alleging a discrimination violation under RCW 41.56.140(1). [...] In relation to defect three, the amended complaint cured this defect by alleging employer discrimination in violation of RCW 41.56.140(1).
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60.
Seattle School District (Seattle Education Association), Decision 9355-C (EDUC, 2010) - 02/25/2010
DECISIONS - Unfair Labor PracticeThe employee maintains the burden of proof in employer discrimination cases. [...] To prove discrimination, the employee must first set forth a prima facie case by establishing the following: [...] The Examiner found that Femiano failed to establish a prima facie case for discrimination.
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61.
King County, Decision 13048 (PECB, 2019) - 08/02/2019
DECISIONS - Unfair Labor PracticeIt also lacks facts describing the elements necessary for a discrimination violation. [...] Discrimination Applicable Legal Standard Even if the complaint and amended complaint were timely filed, they lack facts alleging a discrimination violation. [...] The complainant maintains the burden of proof in discrimination cases.
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62.
Morton School District, Decision 5838 (PECB, 1997) - 03/07/1997
DECISIONS - Unfair Labor PracticeClaims of discrimination on the basis of race must, for example, be taken to an agency having responsibility for enforcement of the laws against such discrimination. [...] A. The word discrimination I don’t recall having been used by the Board. [...] A. Because I felt that I was being discriminated against, and to show the fact that they weren’t discriminating, all they had to do was apologize to me.
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63.
King County, Decision 13234 (PECB, 2020) - 09/15/2020
DECISIONS - Unfair Labor PracticeDiscrimination Applicable 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. [...] Additionally, it is lacked facts alleging a discrimination violation.
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64.
Seattle Housing Authority, Decision 13779-A (PECB, 2024) - 06/26/2024
DECISIONS - Unfair Labor PracticeId. Diggins failed to establish a prima facie case of discrimination. [...] The Complainant Did Not Establish a Prima Facie Case of Discrimination [...] The Examiner concluded that Diggins did not establish a prima facie case of discrimination.
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65.
King County, Decision 13242 (PECB, 2020) - 09/24/2020
DECISIONS - Unfair Labor PracticeDiscrimination Applicable 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 second amended complaint alleges the grievance that Yeung filed related to discrimination, but the statement of facts does not include facts related to discrimination under the Commission’s jurisdiction.
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66.
Benton County, Decision 13709 (PECB, 2023) - 09/05/2023
DECISIONS - Unfair Labor PracticeBecause Gilmore has not established a prima facie case of discrimination, the case is dismissed. [...] The 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 following:
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67.
City of Ocean Shores, Decision 13517 (PECB, 2022) - 06/03/2022
DECISIONS - Unfair Labor PracticeDiscrimination for Filing Unfair Labor Practice Complaint Applicable Legal Standard [...] A violation concerning discrimination for filing unfair labor practice charges cannot stand absent allegations that the discriminate has previously filed an unfair labor practice complaint with the Commission. [...] Because the complaint lacks facts necessary to allege a discrimination violation, the discrimination allegation must be dismissed.
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68.
King County, Decision 13162-A (PECB, 2020) - 06/11/2020
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 complainant maintains the burden of proof in a discrimination case. [...] Employer discrimination in violation of RCW 41.56.140(1) within six months of the date the complaint was filed by discriminating against Katherine Cartwright for filing grievances.
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69.
Seattle School District, Decision 11045-A (PECB, 2011) - 11/18/2011
DECISIONS - Unfair Labor PracticeISSUES 1 and 2 – Discrimination for Challenging Hudson Applicable Legal Standard – Discrimination [...] The employee maintains the burden of proof in employer discrimination cases. [...] Application of Standards - Discrimination The first step in the discrimination analysis is to determine whether the union established its prima facie case.
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70.
Washington State Liquor and Cannabis Board, Decision 13193 (PSRA, 2020) - 04/30/2020
DECISIONS - Unfair Labor PracticeDiscrimination Applicable 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 did not allege the facts necessary for a discrimination violation.
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71.
Washington State Liquor and Cannabis Board, Decision 13194 (PSRA, 2020) - 04/30/2020
DECISIONS - Unfair Labor PracticeDiscrimination Applicable 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 did not allege the facts necessary for a discrimination violation.
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72.
State - Labor and Industries, Decision 10418 (PSRA, 2009) - 05/22/2009
DECISIONS - Unfair Labor PracticeRegarding interference and discrimination over health insurance proposals, FLWA alleges employer interference with employee rights in violation of RCW 41.80.110(1)(a) and discrimination in violation of RCW 41.80.110(1)(c), concerning health insurance proposals related to collective bargaining between the employer and other [...] A union alleging that an employer is interfering with, discriminating against, or refusing to bargain with the union should file complaints based upon those allegations. [...] The allegations pertain instead to the interference and discrimination claim regarding dissemination of decertification information.
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73.
State - Corrections, Decision 11747 (PSRA, 2013) - 05/07/2013
DECISIONS - Unfair Labor PracticeIn discrimination cases, the complainant maintains the burden of proof. [...] The union has failed to meet the first step in establishing a prima facie case of discrimination. [...] 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 activity, an independent interference claim will not be found.
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74.
Tacoma School District, Decision 5466-B (EDUC, 1996) - 07/29/1996
DECISIONS - Unfair Labor PracticeDid the TEA discriminate against substitute teachers by changing its by-laws concerning governance of the organization? [...] No discrimination has been established under RCW 41.59.140(1). Remedy [...] There was no discrimination in the union's efforts to find an answer on this subject.
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75.
Tacoma School District (Tacoma Education Association), Decision 5465-C (EDUC, 1996) - 07/29/1996
DECISIONS - Unfair Labor PracticeDid the TEA discriminate against substitute teachers by changing its by-laws concerning governance of the organization? [...] No discrimination has been established under RCW 41.59.140(1). Remedy [...] There was no discrimination in the union's efforts to find an answer on this subject.