Decision 2668S – State of California (State Compensation Insurance Fund)

SA-CE-2134-S

Decision Date: September 12, 2019

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Party Earl Mykles (Mykles) appealed the dismissal of his unfair practice charge.  In his amended charge, Mykles alleged, among other things, that from 1996-2006 he engaged in protected activity by complaining to Respondent State of California (State Compensation Insurance Fund) (SCIF) about claims adjusters who had unlawfully authorized payments for medical treatment; that he was denied a union representative at a meeting with management in 2006; and that he was ultimately terminated as a result of his meetings with management.  Mykles alleged that he was exempted from PERB’s statute of limitations because SCIF’s alleged fraudulent concealment of his rights constituted a continuing violation. The Office of the General Counsel dismissed the charge for failure to state a prima facie case.

Disposition: The Board adopted the warning and dismissal letters as the decision of the Board itself and affirmed the dismissal of the unfair practice charge.

Decision Headnotes

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