1,430 result(s)
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126.
Pasco Housing Authority, Decision 6248-A (PECB, 1998) - 09/18/1998
DECISIONS - Unfair Labor PracticeLegal Standard for Discrimination Claims Chapter 41.56 RCW prohibits interference with or discrimination against the exercise of collective bargaining rights: [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] [18] In that case, the validity of the employment offers was undermined by continuing discrimination.
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127.
Clark Public Transportation Benefit Area (ATU Local 757), Decision 7087-B (PECB, 2002) - 01/08/2002
DECISIONS - Unfair Labor PracticeInterference and Discrimination Prohibited - Chapter 41. 56 RCW prohibits unions from interfering with or discriminating against public employees who exercise their rights secured by the statute: [...] First, it must treat all factions and segments of its membership without hostility or discrimination. [...] Certainly, if the unions are forbidden from discriminating on the basis of union membership, they should also be prohibited from discriminating on the basis of race or other ground.
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128.
Edmonds Community College, Decision 10250-A (CCOL, 2009) - 07/01/2009
DECISIONS - Unfair Labor PracticeThe complaint alleges employer interference, discrimination, and refusal to bargain. [...] The 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.
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129.
Seattle School District, Decision 9628 (PECB, 2007) - 03/30/2007
DECISIONS - Unfair Labor PracticeStandards for Discrimination Violation Roberts Dictionary of Industrial Relations, BNA Books, Revised Edition (1971), defines “discrimination” as: [...] Analysis of Unlawful Discrimination Allegation Conversation Between Youderian, Andrews and Carlisle [...] The Examiner does not find unlawful discrimination in violation of Chapter 41.56 RCW.
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130.
King County, Decision 13862 (PECB, 2024) - 05/30/2024
DECISIONS - Unfair Labor PracticeThe 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: [...] Application of Standard – Employer Discrimination Santil’s original and amended complaints lacked the necessary facts to allege a discrimination violation within the Commission’s jurisdiction.
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131.
Snohomish County Fire District 7, Decision 13518 (PECB, 2022) - 06/16/2022
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. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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132.
City of Renton, Decision 7476 (PECB, 2001) - 08/01/2001
DECISIONS - Unfair Labor Practice1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the complaint under RCW 41.56.140(1) in Case 15837-U-01-4020 state a cause of action, summarized as follows: [...] The interference and discrimination allegations of the complaint in Case 15837-U-01-4020 will be the subject of further proceedings under Chapter 391-45 WAC. [...] 5. The allegation of employer discrimination in violation of RCW 41.56.140(1) in Case 15838-U-01-4021 is DISMISSED for failure to state a cause of action.
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133.
City of Seattle, Decision 13735 (PECB, 2023) - 11/13/2023
DECISIONS - Unfair Labor PracticeThe complainant has the burden of proof in a discrimination case. WAC 391-45-270(1)(a). [...] To prove discrimination, the complainant must first establish a prima facie case by showing that [...] Therefore, the discrimination charge necessarily fails, and the complaint must be dismissed.
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134.
Everett Community College, Decision 8850 (PSRA, 2005) - 01/24/2005
DECISIONS - Unfair Labor PracticeThe deficiency notice asked if Griffin was alleging a discrimination violation under RCW 41.80.110(1)(c). [...] The amended complaint cured defect one by adding an allegation of employer discrimination. [...] The amended complaint alleges both an interference and discrimination violation by the employer.
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135.
Chelan Public Hospital District 2, Decision 11294 (PECB, 2012) - 02/15/2012
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: [...] In order to meet its burden of proof, the union must establish a prima facie case of employer discrimination.
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136.
Mukilteo School District, Decision 5899 (PECB, 1997) - 04/11/1997
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The Discrimination Standard - Precedent established by the Commission and by the Supreme Court of the State of Washington require a higher standard of proof to establish a discrimination violation.[3] A discrimination violation occurs when: (1) The employee exercises a right protected by the collective bargaining statute, [...] In a discrimination case, a complainant has the burden to establish a prima facie case of discrimination, after which the employer has the opportunity to articulate legitimate, nonretaliatory reasons for its actions.
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137.
Green River College, Decision 12528-B (CCOL, 2018) - 12/20/2018
DECISIONS - Unfair Labor PracticeTherefore, he was unable to establish a prima facie case for discrimination. [...] Therefore, he was unable to establish a prima facie case for discrimination. [...] The complainant maintains the burden of proof in a discrimination case.
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138.
Skagit Valley College, Decision 12751 (PSRA, 2017) - 07/20/2017
DECISIONS - Unfair Labor PracticeEmployer 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. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following:
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139.
Richland School District, Decision 7388 (PECB, 2001) - 05/09/2001
DECISIONS - Unfair Labor PracticeThe deficiency notice indicated that the interference, discrimination, domination, and discrimination for filing charges allegations of the complaint under RCW 41.56.140(1), (2), and (3) all state cause of actions, and would be the subject of a preliminary ruling after the union had an opportunity to respond to the [...] 1. Assuming all of the facts alleged to be true and provable, the interference, discrimination, domination, and discrimination for filing charges allegations of the complaint state a cause of action, summarized as follows: [...] The interference, discrimination, domination, and discrimination for filing charges allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
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140.
Fort Vancouver Regional Library, Decision 12484 (PECB, 2015) - 11/24/2015
DECISIONS - Unfair Labor PracticeIt is an unfair labor practice for an employer to discriminate against employees for engaging in union activity. [...] The employee maintains the burden of proof in such discrimination cases. [...] To prove discrimination, the employee must first set forth a prima facie case establishing the following:
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141.
City of Seattle, Decision 9439-A (PECB, 2007) - 05/18/2007
DECISIONS - Unfair Labor PracticeDiscrimination The Commission decides discrimination allegations under standards drawn from decisions of the Supreme Court of the State of Washington in Wilmot v. Kaiser Aluminum, 118 Wn.2d 46 (1991) and Allison v. Seattle Housing Authority, 118 Wn.2d 79 (1991). [...] Discrimination and interference claims are interrelated in that both require evidence of protected activities. [...] 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 activities, an independent interference claim will not be found.
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142.
Puget Sound ESD (Washington Education Association), Decision 8845 (PECB, 2005) - 01/24/2005
DECISIONS - Unfair Labor PracticeFive, in relation to the allegations of violation of RCW 41.56.150(3), a violation concerning discrimination for filing unfair labor practice charges cannot stand absent evidence that Oliver has previously filed an unfair labor practice complaint with the Commission. [...] 1. Assuming all of the facts alleged to be true and provable, the interference and discrimination allegations of the complaint against the employer in Case 18915-U-04-4811 state a cause of action, summarized as follows: [...] The interference and discrimination allegations of the complaint against the employer will be the subject of further proceedings under Chapter 391-45 WAC.
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143.
Seattle School District (WEA), Decision 9364 (EDUC, 2006) - 06/21/2006
DECISIONS - Unfair Labor Practice“Union Discrimination for Filing Charges and Violation of American with Disabilities Act,” stating that “the Union discriminated against me . . . for filing charges . . . regarding discrimination against me on the basis of my disability.” As the Commission has no jurisdiction concerning allegations of discrimination based [...] Two, in relation to the allegations of discrimination under RCW 41.59.140(1)(c), the complaint fails to allege facts indicating that the employer's actions were taken in reprisal for union activities protected under Chapter 41.59 RCW. [...] The amended complaint adds allegations entitled “Employer Discrimination for Filing Charges,” stating that the employer “discriminated against me on the basis of my physical disability.” As indicated for the complaint against the union, the Commission has no jurisdiction concerning allegations of discrimination based on
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144.
Port of Tacoma, Decision 4626 (PECB, 1994) - 03/08/1994
DECISIONS - Unfair Labor Practice1. Discrimination in regard to promotion (on or about January 22 and 23, 1990); [...] The complainants claim that the charge of unlawful discrimination should be sustained, because they have demonstrated that the discrimination was a "substantial factor" in the employer's actions. [...] Allegation 1 - Discrimination in Denial of Promotions Prima Facie Case -
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145.
Northport School District, Decision 10261 (EDUC, 2008) - 12/29/2008
DECISIONS - Unfair Labor PracticeThe union did not check the box on the amended complaint form for employer interference, but rather substituted a claim for employer discrimination. [...] Regarding the discrimination claim, it is an unfair labor practice for an employer to discriminate against employees in reprisal for union activities protected under Chapter 41.59 RCW. Discrimination claims must indicate a deprivation of an ascertainable right, status, or benefit. [...] The union has not stated a claim for employer discrimination in violation of RCW 41.59.140(1)(c).
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146.
University of Washington, Decision 11309-A (PSRA, 2012) - 03/06/2012
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: [...] WE UNLAWFULLY discriminated against Nicole Kennedy for participating in protected activities.
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147.
University of Washington, Decision 11309 (PSRA, 2012) - 03/02/2012
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: [...] WE UNLAWFULLY discriminated against Nicole Kennedy for participating in protected activities.
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148.
Tacoma School District, Decision 5466 (EDUC, 1996) - 03/12/1996
DECISIONS - Unfair Labor PracticeThe original complaint set forth several allegations under the heading “V.2.0 Discrimination/Interference with Rights in Granted-Leave Assignments”. [...] Allegations Concerning Wage Discrimination The original complaint contained two allegations under the heading “V.5.0 Illegal Intra Teacher-Sub-Class Wage Discrimination”. [...] Allegations Regarding Discrimination for Union Activity Several allegations were set forth in the original complaint under the headings “V.6.0 Protected Union Activity / Discrimination” and “V.7.0 Protected Employment - Relations Activity”.
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149.
Port of Anacortes, Decision 12160 (PORT, 2014) - 09/17/2014
DECISIONS - Unfair Labor PracticeThe evidence does not demonstrate the employer discriminated against Bost for union activities. [...] [2] Employer discrimination (and derivative interference) in violation of RCW 41.56.140(1), by: [...] The complainant maintains the burden of proof in employer discrimination cases.
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150.
Spokane Fire District 1, Decision 7275 (PECB, 2001) - 02/07/2001
DECISIONS - Unfair Labor PracticeThe Standard for Discrimination Cases Chapter 41.56 RCW prohibits employers from interfering with or discriminating against public employees who exercise collective bargaining rights secured by that statute: [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] Under the “substantial motivating factor” test, the first step in the processing of a "discrimination" claim is for the injured party to make out a prima facie case of discrimination.