1,430 result(s)
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201.
Washington State Department of Transportation (Washington Federation of State Employees), Decision 13005 (PSRA, 2019) - 05/20/2019
DECISIONS - Unfair Labor PracticeThe union must file and serve its answer to the union failure to provide a duty of fair representation and union discrimination allegations within 21 days following the date of this decision. [...] The duty of fair representation requires an exclusive bargaining representative to fairly represent all of those for whom it acts, without discrimination. [...] 1. The union must treat all factions and segments of its membership without hostility or discrimination.
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202.
University of Washington, Decision 12891 (PSRA, 2018) - 07/13/2018
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. [...] To prove discrimination, the complainant must first set forth a prima facie case establishing that:
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203.
Washington State Ferries, Decision 11335 (MRNE, 2012) - 04/05/2012
DECISIONS - Unfair Labor PracticeDiscrimination RCW 47.64.130(1)(c) states it is an unfair labor practice “to encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure of employment, or any term or condition of employment . . . [...] Discrimination In this case, Pearson did not establish a prima facia case to show that the employer discriminated against him. [...] Pearson has alleged that the employer discriminated against him for participating in the National Guard.
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204.
Shoreline School District (SEIU Local 6), Decision 5560 (PECB, 1996) - 06/10/1996
DECISIONS - Unfair Labor PracticeThe "Induce Discrimination" Allegations The original complaint in this matter included the following allegations: [...] It is an unfair labor practice under RCW 41.56.140(1) for an employer to discriminate for or against union activity. [...] 1. The union's motion for dismissal of the discrimination allegations against it in this case is DENIED.
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205.
North Kitsap School District, Decision 13679 (PECB, 2023) - 06/21/2023
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 amended complaint does not allege facts necessary for a discrimination violation.
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206.
Pasco Housing Authority, Decision 6248 (PECB, 1998) - 04/06/1998
DECISIONS - Unfair Labor PracticeIt urges that Rocha’s selection for layoff discriminated against her because of her protected union activities. [...] To establish a prima facie case of discrimination, a complainant need only show: [...] In Wilmot and Allison, our Supreme Court rejected reliance upon Mt. Healthy in discrimination cases under state law.
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207.
Seattle School District, Decision 11045 (PECB, 2011) - 05/06/2011
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: [...] The complainant has established a prima facie case for unlawful discrimination.
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208.
Seattle School District, Decision 12842 (PECB, 2018) - 03/09/2018
DECISIONS - Unfair Labor PracticeRCW 41.56.140(1); King County, Decision 12582-B. 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 that: [...] 4. Based on Findings of Fact 28, 36, and 42 through 48, the employer did not discriminate in violation of RCW 41.56.140(1) since December 19, 2016, by delaying the processing of Tessi’s discrimination complaint against Madrona Principal Mary McDaniel.
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209.
Jefferson PUD 1, Decision 12332 (PECB, 2015) - 05/18/2015
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 a discrimination case. [...] Therefore, the complainant established a prima facie case of discrimination.
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210.
Chelan County, Decision 13308 (PECB, 2021) - 02/11/2021
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: [...] a. Discriminating against Jennifer Tyler because she engaged in activity protected under chapter 41.56 RCW.
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211.
King County, Decision 7506-A (PECB, 2003) - 04/08/2003
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] 1. A complainant has the burden to establish a prima facie case of discrimination, including that: [...] Thus, the allegation that the employer discriminated against Rochon must be dismissed.
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212.
Reardan-Edwall School District, Decision 6205-A (PECB, 1998) - 09/29/1998
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; [...] The Supreme Court of the State of Washington has established the standard of proof for "discrimination" cases.
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213.
City of Tacoma (Tacoma Police Management Association), Decision 12848 (PECB, 2018) - 04/04/2018
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. [...] Thus, the amended complaint regarding employer discrimination is dismissed.
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214.
Clark County, Decision 7921 (PECB, 2002) - 12/02/2002
DECISIONS - Unfair Labor PracticeThe Examiner finds Gouthro has not sustained her burden of proof to establish that the employer has discriminated against her. [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] The evidence also fails to support Gouthro’s “discrimination” claim.
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215.
Port of Seattle, Decision 11848 (PECB, 2013) - 08/14/2013
DECISIONS - Unfair Labor Practice1. Did the employer discriminate against the non-supervisory shop steward by documenting an incident where the employee’s customer service might have been improved? [...] To prove discrimination, the complainant must first set forth a prima facie case establishing the following: [...] The union failed to prove the second prong of the prima facie test and therefore its discrimination allegation is dismissed.
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216.
University of Washington, Decision 11199-A (PSRA, 2013) - 02/04/2013
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: [...] Although the Examiner cited the proper legal standard for discrimination, he did not properly analyze protected activity.
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217.
Lewis County, Decision 10747 (PECB, 2010) - 05/04/2010
DECISIONS - Unfair Labor PracticeThe allegations of the complaint concerning independent interference, discrimination and derivative interference, and discrimination for filing charges and derivative interference state causes of action under WAC 391-45-110(2) for further unfair labor practice proceedings before the Commission. [...] 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. [...] Employer discrimination in violation of RCW 41.56.140(3) [and if so, derivative “interference” in violation of RCW 41.56.140(1)], by its actions against Engel for the union’s filing of a previous unfair labor practice complaint.
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218.
Oroville School District, Decision 6209-A (PECB, 1998) - 06/16/1998
DECISIONS - Unfair Labor PracticeChapter 41.56 RCW prohibits employers from interfering with or discriminating against the exercise of the rights secured by the collective bargaining statute: [...] (3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] Discrimination and interference allegations have their own analysis based on the statute, as outlined in this decision.
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219.
Benton County, Decision 13710 (PECB, 2023) - 09/05/2023
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 the following: [...] In his brief, Gilmore did not address this issue or the Commission’s analysis regarding discrimination for union activity.
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220.
Clover Park School District, Decision 7073 (EDUC, 2000) - 05/18/2000
DECISIONS - Unfair Labor PracticeThe Commission does not defer interference or discrimination complaints to arbitration or any other forum. [...] The evidence is thus sufficient to establish this component of a prima facie case of discrimination. [...] The complainant has failed to sustain her burden of proof as to the existence of a prima facie case of discrimination.
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221.
Snohomish County Fire District 7, Decision 13508 (PECB, 2022) - 05/06/2022
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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222.
Snohomish County Fire District 7, Decision 13509 (PECB, 2022) - 05/06/2022
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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223.
Snohomish County Fire District 7, Decision 13507 (PECB, 2022) - 05/06/2022
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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224.
King County (ATU Local 586), Decision 7108 (PECB, 2000) - 06/30/2000
DECISIONS - Unfair Labor Practice(3) To discriminate against a public employee who has filed an unfair labor practice charge; [...] Reeder has not met her burden of proof that the union discriminated against her because it did not accede to her request for transfer to another bargaining unit. [...] Washington's law against discrimination contains a sweeping policy statement strongly condemning many forms of discrimination.
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225.
City of Seattle, Decision 2230 (PECB, 1985) - 06/12/1985
DECISIONS - Unfair Labor PracticeEncouraging Racial Discrimination Grievances Apart from the controversies involved with the various union elections and the shop steward matter, Wade and the union became involved in a dispute concerning race discrimination. [...] Gardner filed a second complaint alleging racial discrimination, but this time she alleged that Diana Moore had actively discriminated against her. [...] Complainant's case concerning racial discrimination grievances rests upon a great deal of conjecture.