1,430 result(s)
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101.
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.
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102.
Washington State Department of Transportation, Decision 12997 (PSRA, 2019) - 05/07/2019
DECISIONS - Unfair Labor PracticeThe second amended complaint lacks facts alleging discrimination and domination violations. [...] Discrimination 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.
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103.
City of Yakima, Decision 9451-B (PECB, 2007) - 05/09/2007
DECISIONS - Unfair Labor PracticeWhere a complainant establishes a prima facie case of discrimination, the employer need only articulate non-discriminatory reasons for its actions. [...] The Examiner found, and we agree, that the union produced enough evidence to establish a prima facie case of discrimination. [...] [2] Where an allegation of discrimination has been dismissed, an independent interference allegation cannot be found for the same facts.
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104.
Snohomish County, Decision 12723-B (PECB, 2018) - 12/03/2018
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. [...] The Examiner found that the union proved a prima facie case of discrimination.
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105.
Port of Seattle, Decision 10097-A (PECB, 2009) - 02/02/2009
DECISIONS - Unfair Labor PracticeThe union attempts to establish an interference claim and a prima facie case of discrimination based on Cann’s work as a shop steward. [...] Thus, the union meets the first element in establishing a prima facie case of discrimination. [...] 3. The employer, by its termination of Mark Cann, did not interfere or discriminate in violation of RCW 41.56.140(1).
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106.
University of Washington, Decision 11309-C (PSRA, 2013) - 07/31/2013
DECISIONS - Unfair Labor PracticeThe employee maintains the burden of proof in employer discrimination cases. [...] The employer discriminated against Kennedy in reprisal for protected union activities. [...] a. Discriminating against Nicole Kennedy for participation in protected union activities.
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107.
Northshore Utility District, Decision 11267 (PECB, 2011) - 12/29/2011
DECISIONS - Unfair Labor Practice3. Did the employer discriminate against Holte in reprisal for union activities when it laid Holte off? [...] The employer did not discriminate against Holte in reprisal for protected union activities. [...] The employee maintains the burden of proof in such discrimination cases.
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108.
State - Corrections, Decision 10998-A (PSRA, 2011) - 06/15/2011
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: [...] Because Cherry’s e-mails were not protected activity, Cherry has failed to establish a prima facie case of discrimination.
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109.
City of Yakima, Decision 10270-B (PECB, 2011) - 05/04/2011
DECISIONS - Unfair Labor PracticeISSUE 1 – Discrimination for Exercising Protected Rights Statute of Limitations [...] The employee maintains the burden of proof in such discrimination cases. [...] Because the discrimination allegation has been dismissed, so must the interference violation be dismissed.
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110.
City of Yakima, Decision 10270-A (PECB, 2011) - 04/12/2011
DECISIONS - Unfair Labor PracticeISSUE 1 – Discrimination for Exercising Protected Rights Statute of Limitations [...] The employee maintains the burden of proof in such discrimination cases. [...] Because the discrimination allegation has been dismissed, so must the interference violation be dismissed.
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111.
Tacoma School District, Decision 8140 (PECB, 2003) - 07/14/2003
DECISIONS - Unfair Labor PracticeMargaret Ohlson has, I believe, demonstrated a history of discrimination against a few of us who have stood-up to her on union contract issues, as well as other issues concerning discrimination, retaliation, and harassment. [...] Long indicated, however, that he was not alleging that either Price or Bowers discriminated against him. [...] A discrimination would then have to be based exclusively on the pre-1998 union activity.
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112.
University of Washington, Decision 12988 (PECB, 2019) - 04/22/2019
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in a discrimination case. [...] The union establishes a prima facie case of discrimination. Protected activity. [...] The union does not explain how this bears on the discrimination claim.
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113.
King County, Decision 12933 (PECB, 2018) - 11/09/2018
DECISIONS - Unfair Labor PracticeThe complainant maintains the burden of proof in a discrimination case. [...] As the employer did not produce a nondiscriminatory reason for having terminated Nevling, the union’s burden of proving a prima facie case of discrimination also merits a finding of discrimination. [...] In the instant case I found that the employer discriminated against Nevling, and in finding discrimination I also found that the employer derivatively interfered with Nevling’s rights.
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114.
Washington State Department of Corrections, Decision 13404 (PSRA, 2021) - 09/09/2021
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. [...] Thus the discrimination allegation in the complaint must be dismissed.
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115.
State – Individual Providers, Decision 12863 (PECB, 2018) - 05/02/2018
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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116.
Clark College, Decision 10441 (CCOL, 2009) - 06/12/2009
DECISIONS - Unfair Labor PracticeOne, the Commission lacks jurisdiction over the claims involving interference and discrimination. [...] The complaint alleges employer interference, discrimination, and discrimination for filing charges. [...] The complaint re-alleges domination or assistance of a union, interference, discrimination, and discrimination for filing charges.
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117.
Port of Seattle, Decision 2796 (PECB, 1987) - 10/23/1987
DECISIONS - Unfair Labor PracticeThe non-discrimination protection of the NLRA extends to individuals who may not be members of the union. [...] The union argued that discrimination cannot be found against it since there is no evidence of intent. [...] The potential affirmative remedies are huge in a hiring discrimination case.
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118.
Kitsap County, Decision 12022-A (PECB, 2014) - 07/22/2014
DECISIONS - Unfair Labor PracticeDiscrimination 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. [...] We affirm the Unfair Labor Practice Manager’s order of dismissal for discrimination.
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119.
State - Employment Security, Decision 10419 (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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120.
King County, Decision 13831 (PECB, 2024) - 05/20/2024
DECISIONS - Unfair Labor Practice - ON APPEAL BEFORE COMMISSIONDiscrimination 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. [...] a. Discriminating against Chuck Lare for his exercise of protected union activities under 41.56 RCW
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121.
City of Seattle (IFPTE Local 17), Decision 3199 (PECB, 1989) - 04/25/1989
DECISIONS - Unfair Labor PracticeDISCRIMINATION 1. A denial of vacation requests which occurred in November of 1987. [...] The matter appears to be a sex discrimination matter over which the Commission would not assert jurisdiction. [...] Extensive litigation of unfair labor practice charges filed by Local 17 on behalf of certain City of Seattle employees who claimed that they had been discriminated against for filing a sex discrimination claim recently resulted in an Examiner's decision concluding that such discrimination, standing alone, is not subject to
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122.
Seattle Housing Authority, Decision 13779 (PECB, 2024) - 01/25/2024
DECISIONS - Unfair Labor PracticeLegal Standard for Discrimination 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. [...] Diggins did not meet her burden to prove a prima facie case of discrimination.
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123.
Shoreline Community College (Community College District 7) (Washington Federation of State Employees), Decision 11840 (PSRA, 2013) - 08/06/2013
DECISIONS - Unfair Labor PracticeDiscrimination claims against employers for which the Commission can provide a remedy refer only to discrimination in reprisal for union activities. [...] The Commission does not have jurisdiction over other claims against employers, including invidious discrimination such as age discrimination or other forms of discrimination. [...] Discrimination claims against unions may include invidious discrimination, as well as discrimination for union activities.
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124.
Highline School District, Decision 10301 (PECB, 2009) - 02/13/2009
DECISIONS - Unfair Labor PracticeThree, the union alleges employer interference and discrimination against Kaspank and Seth. [...] However, the amended complaint fails to state causes of action for employer discrimination against Seth and Kaspank. [...] The employer is not automatically susceptible to a discrimination claim because it declines to place Kaspank in the bargaining unit.
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125.
Bremerton School District, Decision 5722-A (PECB, 1997) - 01/21/1997
DECISIONS - Unfair Labor PracticeDiscrimination for Union Activity Claim The complainant takes issue with the Executive Director’s finding that the allegations are insufficient to support a claim of “discrimination for union activity”. [...] RCW 41.56.140(1) and RCW 41.56.150(1) enumerate how an employer and a union might discriminate against an individual. [...] We are unable to determine from the material provided that a cause of action would exist for discrimination.