1,430 result(s)
-
151.
Mill A School District, Decision 13015-A (PECB, 2019) - 12/06/2019
DECISIONS - Unfair Labor PracticeExaminer Emily H. Martin conducted a hearing and concluded that the employer discriminated against Dyer. [...] This is sufficient to find that Dyer was involved in the 2016 complaint to establish a prima facie case of discrimination. [...] The Examiner correctly found that the union established a prima facie case of discrimination.
-
152.
Seattle School District (Seattle Education Association), Decision 5774 (EDUC, 1996) - 12/11/1996
DECISIONS - Unfair Labor Practicerights for failing to schedule a hearing”, “‘employer discrimination and ‘union discrimination’ for unknown reasons to allow removal from employment roster without conducting an investigation”, “employer discrimination for filing charge”, and “union discrimination for filing charges”, all in relation to the UPC filed [...] Insufficient Facts for “Discrimination” Allegations In her October 22 letter, Webster alleges “employer discrimination’ and ‘union discrimination’ for unknown reasons”, “possible employer discrimination for filing charge”, and “possible union discrimination for filing charges”. [...] Thus, the complaint fails to state a cause of action for a “discrimination” theory.[14]
-
153.
City of Seattle, Decision 12526 (PECB, 2016) - 01/04/2016
DECISIONS - Unfair Labor PracticeThe 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. [...] In this case, basic elements of a discrimination allegation are missing from the complaints.
-
154.
City of Seattle, Decision 12525 (PECB, 2016) - 01/04/2016
DECISIONS - Unfair Labor PracticeThe 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. [...] In this case, basic elements of a discrimination allegation are missing from the complaints.
-
155.
City of Tukwila, Decision 4084 (PECB, 1992) - 06/02/1992
DECISIONS - Unfair Labor PracticeDiscrimination Allegations The "process" rules established by the Legislature do prohibit employers from discriminating against employees in reprisal for their lawful union activities including grievance processing,[2] and the preliminary ruling letter noted "a hint" of discrimination in reprisal for the complainant's [...] The issues arising in collective bargaining are traditionally sorted out as "mandatory", "permissive" and "illegal" subjects.[4] RCW 41.56.040 and RCW 41.56.140(1) combine to prohibit employer discrimination against employees for their exercise of collective bargaining rights, but a "discrimination" necessarily involves the [...] Decision 3564-A (PECB, 1991), the Commission's "deferral to arbitration" policy does not encompass or apply to "interference" and "discrimination" allegations.
-
156.
Washington State Department of Children, Youth, and Families, Decision 13876 (PSRA, 2024) - 06/13/2024
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. [...] To prove discrimination, the complainant must first establish a prima facie case by showing the following:
-
157.
State - Social and Health Services, Decision 11411 (PSRA, 2012) - 06/28/2012
DECISIONS - Unfair Labor Practice2. Did the employer discriminate in reprisal for union activities by refusing to hire or recall Ronald Lauer? [...] The employee maintains the burden of proof in employer discrimination cases. [...] The record indicates that the union established its prima facie case for discrimination.
-
158.
Bethel School District (PSE of Washington), Decision 6847-A (PECB, 2000) - 10/10/2000
DECISIONS - Unfair Labor PracticeThe materials refer to race discrimination issues, but do not specify Parsons' race or allege specific instances of discrimination against her. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; . . . [...] The pleadings and accompanying materials referred to issues arguably involving race discrimination, but Parsons failed to supply any detailed facts to support her suggested claims of racial harassment or discrimination affecting collective bargaining relationships.
-
159.
Lake Washington School District, Decision 13261 (EDUC, 2020) - 11/24/2020
DECISIONS - Unfair Labor PracticeThornley filed race discrimination claims against the district in June and July of 2019. [...] 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.
-
160.
State - Revenue (WPEA), Decision 9740 (PSRA, 2007) - 06/15/2007
DECISIONS - Unfair Labor PracticeLazar alleges no other facts sufficient to conclude that the union induced the employer to discriminate against Lazar in violation of RCW 41.80.110(2)(b). [...] Four, Lazar alleges union discrimination for filing charges in violation of RCW 41.80.110(2)(c). [...] Five, regarding the allegations that the employer discriminated against Lazar in violation of RCW 41.80.110(1)(d) in reprisal for filing a charge under Chapter 41.80 RCW, a violation concerning discrimination for filing charges cannot stand absent evidence that Lazar has previously filed a charge against the employer with
-
161.
Pierce County, Decision 12195 (PECB, 2014) - 11/07/2014
DECISIONS - Unfair Labor Practice2. Did the employer discriminate against Foster in reprisal for his protected union activities? [...] The complainant maintains the burden of proof in employer discrimination cases. [...] The union has the burden of proof to make a prima facie case for employer discrimination.
-
162.
City of Omak, Decision 5579-B (PECB, 1998) - 06/10/1998
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] [9]An employer can even be held liable for discrimination without a finding of disparate treatment, where a closure and discharge of unit employees occurs and the employer is not even a direct participant to the discrimination. [...] If the employer treated employees adversely because of union activity, discrimination could have occurred.
-
163.
Mansfield School District, Decision 5238-A (EDUC, 1996) - 01/31/1996
DECISIONS - Unfair Labor PracticeDiscrimination Allegations The Test for Discrimination - In two cases decided under statutes which parallel the collective bargaining laws administered by this Commission, Wilmot v. Kaiser Aluminum, 118 Wn.2d 46 (1991), and Allison v. Seattle Housing Authority, 118 Wn.2d 79 (1991), the Supreme Court of the State of [...] A complainant claiming unlawful discrimination must first make out a prima facie case, showing: [...] The complainants have established a prima facie case of discrimination due to retaliation for protected activities.
-
164.
City of Centralia, Decision 11687 (PECB, 2013) - 03/22/2013
DECISIONS - Unfair Labor PracticeThe union was unable to prove that the employer discriminated against Reynolds for his 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 by establishing the following:
-
165.
University of Washington, Decision 11199 (PSRA, 2011) - 10/11/2011
DECISIONS - Unfair Labor Practice1. Did the employer discriminate against Michael Lynne by issuing him a final counseling in reprisal for union activities? [...] The 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:
-
166.
Clark Public Transportation Benefit Area (ATU Local 757), Decision 7087-A (PECB, 2001) - 05/18/2001
DECISIONS - Unfair Labor PracticeDiscrimination - The standard of proof for "discrimination" claims was summarized in Seattle School District, Decision 5946 (PECB, 1997), as follows: [...] Nor is there any evidence that they were members of any class traditionally protected with regards to discrimination. [...] In this case, however, the evidence does not indicate any systematic discrimination against the former Laidlaw employees.
-
167.
Tacoma School District (Tacoma Education Association), Decision 6070 (EDUC, 1997) - 10/02/1997
DECISIONS - Unfair Labor Practice• Insufficient factual details to support a claim that the union’s duty of fair representation was violated by invidious discrimination against Mehlhaff; and [...] • Insufficient factual details to support a contention that the union and employer colluded in negotiating pay rates which discriminate against substitute teachers. [...] 3. the complaints lacked allegations that the challenged assignment and pay practices discriminated on the basis of union activity or lack thereof; and
-
168.
Washington State University, Decision 11749 (PSRA, 2013) - 05/10/2013
DECISIONS - Unfair Labor Practice2. Did the employer discriminate against an employee by terminating him in reprisal for union activities? [...] The union maintains the burden of proof in employer discrimination cases. [...] To prove discrimination, the union must first set forth a prima facie case by establishing the following:
-
169.
Chelan County (Teamsters Local 760), Decision 11642 (PECB, 2013) - 02/12/2013
DECISIONS - Unfair Labor PracticeThree, Godfrey checked the box on the complaint form for “Union Discrimination for Filing Charges with or Giving Testimony before PERC,” but crossed out all words after “Union Discrimination.” Under Chapter 41.56 RCW, discrimination means the deprivation of an employee’s ascertainable rights, benefits, or status in reprisal [...] Employers may be charged with discrimination on that basis, but unions have no authority to alter employees’ employment rights, benefits, or status. [...] Four, Godfrey also does not allege that the employer has discriminated against him for filing charges or giving testimony before the Commission in violation of RCW 41.56.150(3).
-
170.
Spokane Transit Authority, Decision 12566 (PECB, 2016) - 04/20/2016
DECISIONS - Unfair Labor PracticeWeingarten Allegation and April 10, 2015, Discrimination Allegation Are Untimely Filed [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination. [...] The Equal Employment Opportunity Commission is a federal agency that also has jurisdiction over discrimination.
-
171.
State – Agriculture, Decision 12886 (PSRA, 2018) - 07/10/2018
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 lacks facts alleging an employer discrimination violation.
-
172.
Seattle Colleges, Decision 9658 (CCOL, 2007) - 04/30/2007
DECISIONS - Unfair Labor PracticeThe Unfair Labor Practice Manager finds a cause of action for one interference and discrimination allegation of the complaint and amended complaint. [...] 1. Assuming all of the facts alleged to be true and provable, one interference and discrimination allegation of the complaint and amended complaint states a cause of action, summarized as follows: [...] The interference and discrimination allegations of the complaint and amended complaint, as specified above, will be the subject of further proceedings under Chapter 391-45 WAC.
-
173.
City of Union Gap, Decision 10642 (PECB, 2010) - 01/11/2010
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concern employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), and employer discrimination for filing charges in violation of RCW 41.56.140(3), by threats of reprisal or force or promises of benefit made to Sylvia Sanchez (Sanchez) concerning a [...] The deficiency notice pointed out that the allegations of the complaint concerning discrimination and discrimination for filing charges are defective. [...] 2. The allegations of the complaint concerning employer discrimination in violation of RCW 41.56.140(1), and discrimination for filing charges in violation of RCW 41.56.140(3), are DISMISSED for failures to state causes of action.
-
174.
Wenatchee Valley Community College, Decision 10951 (CCOL, 2010) - 12/30/2010
DECISIONS - Unfair Labor PracticeDiscrimination Chapter 28B.52 RCW governs the collective bargaining of academic personnel in community colleges. [...] In order for the complainant to establish a prima facie case of discrimination they must show: [...] a. Discriminating against Steve Stefanides in retaliation for his union activities.
-
175.
City of Seattle, Decision 9938 (PECB, 2007) - 12/21/2007
DECISIONS - Unfair Labor PracticeC. Discrimination and Interference In Clark County, Decision 9127-A (PECB, 2007), the Commission set forth its standards for deciding a discrimination claim: [...] When a union or employee claims discrimination, establishing a prima facie case of discrimination is the first part of a three-part test. [...] If a prima facie case is established, a rebuttable presumption of discrimination is created.