1,432 result(s)
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76.
Snohomish County, Decision 9799 (PECB, 2007) - 07/06/2007
DECISIONS - Unfair Labor PracticeNo independent interference or discrimination violations are found. APPLICABLE LEGAL PRINCIPLES [...] The employer did not discriminate or interfere with employee rights under RCW 41.56.140, and properly placed limits on the use of the county e-mail system. [...] Issue 4: Did the employer interfere with or discriminate against employees by use of “corrective counseling” letters?
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77.
City of Seattle, Decision 13735-A (PECB, 2024) - 03/22/2024
DECISIONS - Unfair Labor PracticeThe Examiner concluded that Calkins did not establish a prima facie case of discrimination. [...] The Examiner concluded that Calkins did not establish a prima facie case of discrimination. [...] We agree and hold that Calkins thereby established a prima facie case of discrimination.
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78.
Lincoln County, Decision 12648 (PECB, 2017) - 01/10/2017
DECISIONS - Unfair Labor PracticeDiscrimination for Union Activity 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. [...] Discrimination for Union Activity The complaints make general allegations of discrimination but do not describe any specific instances in which the employer deprived any of its employees of some ascertainable right, benefit, or status.
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79.
Washington State Department of Children, Youth, and Families, Decision 13379 (PSRA, 2021) - 07/20/2021
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 lacked facts necessary to allege a discrimination violation.
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80.
King County, Decision 10500 (PECB, 2009) - 08/04/2009
DECISIONS - Unfair Labor PracticeWilson repeatedly alleges that the employer's actions were based upon racial and gender discrimination. [...] Three, Wilson alleges employer discrimination for filing charges in violation of RCW 41.56.140(3). [...] A cause of action for discrimination for filing charges does not apply to grievances.
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81.
Northshore Utility District, Decision 9728 (PECB, 2007) - 06/11/2007
DECISIONS - Unfair Labor PracticeThe interference and discrimination claims are directly and exclusively related to the allegations concerning the employer’s breach of its good faith bargaining obligations. [...] On May 17, 2007, the union filed a letter regarding its claim of employer discrimination for filing charges. [...] On May 25, 2007, the union filed a formal amended complaint, re-alleging employer interference and discrimination, employer discrimination for filing charges, and employer refusal to bargain, but did not re-allege employer domination or assistance of a union.
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82.
King County, Decision 12582-B (PECB, 2018) - 02/15/2018
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in a discrimination case. [...] To prove discrimination, the complainant must first establish a prima facie case by showing that [...] Did the employer discriminate against Allen by revoking her lead status and premium pay?
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83.
Everett School District, Decision 12926 (PECB, 2018) - 10/24/2018
DECISIONS - Unfair Labor PracticeEmployer Discrimination 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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84.
Ben Franklin Transit, Decision 13649 (PECB, 2023) - 04/06/2023
DECISIONS - Unfair Labor PracticeIt 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. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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85.
Energy Northwest, Decision 12496 (PECB, 2015) - 12/07/2015
DECISIONS - Unfair Labor PracticeDiscrimination Allegations Legal Standard It is an unfair labor practice for an employer to discriminate against employees for engaging in union activity. [...] The only type of discrimination that the Commission can address is discrimination for engaging in (or refraining from) protected union activity. [...] The complaints raise allegations of employer discrimination. In this case, basic elements of a discrimination allegation are missing from the complaint.
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86.
Seattle School District, Decision 12842-A (PECB, 2018) - 08/02/2018
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in a discrimination case. [...] To prove discrimination, the complainant must establish a prima facie case by showing that [...] Thus, the union did not establish a prima facie case to prove discrimination.
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87.
Lewis County, Decision 12413 (PECB, 2015) - 09/04/2015
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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88.
City of Mountlake Terrace, Decision 11617 (PECB, 2013) - 01/09/2013
DECISIONS - Unfair Labor PracticeThe union claims employer discrimination regarding Jones based upon the employer’s investigation of Jones. [...] Although the union states a cause of action for employer interference regarding the employer’s alleged actions toward Jones, there is no cause of action for discrimination based upon the same alleged actions. [...] [1] Employer discrimination (and if so, derivative interference) in violation of RCW 41.56.140(1), by suspending Tim Krahn in reprisal for union activities protected by Chapter 41.56 RCW;
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89.
Snohomish County, Decision 9655 (PECB, 2007) - 05/01/2007
DECISIONS - Unfair Labor PracticeEach complaint alleged employer interference, discrimination, and refusal to bargain. [...] c) constitute an interference or discrimination violation? 2. Case 19747-U-05-5002 [...] No independent discrimination violations were found. ISSUE 1 (case 19746-U-05-5001)
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90.
Port of Longview (ILWU Local 21), Decision 9393 (PECB, 2006) - 07/14/2006
DECISIONS - Unfair Labor Practicethe complaint against the employer, the Unfair Labor Practice Manager dismisses defective allegations concerning domination or assistance of a union, discrimination for filing unfair labor practice charges and an “other unfair labor practice,” and finds a cause of action for allegations of interference and discrimination. [...] Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), by its termination of Timothy Milligan in reprisal for union activities protected by Chapter 41.56 RCW. [...] The interference and discrimination allegations of the complaint and amended complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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91.
Seattle School District, Decision 10328 (PECB, 2009) - 03/09/2009
DECISIONS - Unfair Labor PracticeThe union maintains the burden of proof in employer discrimination cases. [...] Where the union establishes a prima facie case, it creates a rebuttable presumption of discrimination. [...] In discrimination cases, the employer need not prove just cause for its action.
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92.
Washington State University, Decision 11749-A (PSRA, 2013) - 12/20/2013
DECISIONS - Unfair Labor Practice5. Did the employer discriminate against Matthew Borchers when it terminated him during his probationary period? [...] Did the employer discriminate against Matthew Borchers when it terminated him during his probationary period? [...] The complainant maintains the burden of proof in discrimination cases.
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93.
City of Benton City, Decision 10956 (PECB, 2011) - 01/04/2011
DECISIONS - Unfair Labor PracticeThe Examiner finds the employer interfered and discriminated in reprisal for protected union activities. [...] The complainant maintains the burden of proof in employer discrimination cases. [...] To prove discrimination, the complainant must first set forth a prima facie case by establishing the following:
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94.
State - Corrections, Decision 10998 (PSRA, 2011) - 02/08/2011
DECISIONS - Unfair Labor PracticeThe burden of proof rests with the employee in discrimination cases. [...] The complainant has established a prima facie case for unlawful discrimination. [...] Interference and discrimination claims are separate causes of action with different elements of proof.
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95.
City of Seattle, Decision 12932 (PECB, 2018) - 11/06/2018
DECISIONS - Unfair Labor PracticeThe defective discrimination allegations of the complaint are dismissed for failure to state a cause of action. [...] The complainant maintains the burden of proof in discrimination cases. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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96.
North Thurston School District (PSE of Washington), Decision 9726 (PECB, 2007) - 06/11/2007
DECISIONS - Unfair Labor PracticeFive, regarding the discrimination claim, while Cole did not check the box on the complaint form alleging employer discrimination, his complaint alleges that the employer discriminated against employees by not placing drivers on cancel lists. [...] Four, regarding the discrimination claim, while Cole did not check the box on the complaint form alleging union discrimination, his requested remedy alleges that the union’s actions discriminated against him. [...] RCW 41.56.150(1) prohibits union discrimination against employees based on the employees’ union activities.
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97.
City of Mountlake Terrace, Decision 11831 (PECB, 2013) - 08/01/2013
DECISIONS - Unfair Labor PracticeTo prove discrimination, the union must establish a prima facie case of employer discrimination. [...] To prove discrimination, the union must establish a prima facie case of employer discrimination. [...] To prove discrimination, the union must establish a prima facie case of employer discrimination.
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98.
Dieringer School District, Decision 8956-A (PECB, 2007) - 04/11/2007
DECISIONS - Unfair Labor Practice. . . (3) To discriminate against a public employee who has filed an unfair labor practice charge[.] [...] Applicable Legal Standard - Discrimination Claims In determining claims of discrimination, we have consistently used the three-prong burden-shifting test endorsed by the Washington State Supreme Court in Wilmot v. Kaiser Aluminum, 118 Wn.2d 46 (1991) and Allison v. Seattle Housing Authority, 118 Wn.2d 79 (1991): [...] Since the record fails to establish any union activity, it is unnecessary to proceed to the remainder of the tests for interference and discrimination.
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99.
State - Social and Health Services, Decision 12325 (PSRA, 2015) - 04/28/2015
DECISIONS - Unfair Labor Practice(1) Employer discrimination against Willows based on age, religious status, and disability. [...] The complainant raises a variety of allegations concerning discrimination. [...] The Commission does not have jurisdiction to address allegations of age, religious, or disability discrimination.
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100.
State - Corrections, Decision 11571 (PSRA, 2012) - 12/10/2012
DECISIONS - Unfair Labor PracticeIn discrimination cases, the complainant maintains the burden of proof. [...] The union presented evidence establishing a prima facie case of discrimination. [...] Since those discrimination allegations failed to constitute a discrimination violation, an interference violation cannot be found under the same set of facts.