STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

LAWRENCE L CARPENTER, Complainant

APPLIED INDUSTRIAL TECHNOLOGIES, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199801095

ORDER

Pursuant to authority granted in Wis. Stat. § 111.39(5)(b), the Labor and Industry Review Commission, on its own motion, orders that the administrative law judge's decision of June 4, 1999, relating to the above-captioned matter be set aside and a hearing be held before a different administrative law judge and a new decision issued with respect to the merits of the case.

Dated and mailed October 29, 1999
carpela.rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: Because the commission considers the record in this case insufficient to permit meaningful review, it has remanded the matter for further proceedings. Upon reviewing the synopsis of the hearing testimony and listening to the hearing tape, the commission notes that the administrative law judge neglected to elicit such testimony from the pro se complainant as would permit a conclusion as to whether or not he established a prima facie case of discrimination. Instead, the administrative law judge essentially conducted a debate with the complainant regarding their respective interpretations of the law, in which the administrative law judge suggested to the complainant that he had no case. The administrative law judge then permitted the respondent to enter into the record its written position statement--a document for which no foundation was laid and to which the complainant was not afforded a meaningful opportunity to object--and, based almost exclusively upon a reading of that document, proceeded to issue a bench ruling that the complaint would be dismissed. Based upon the deficiencies noted above, the commission considers it appropriate that a new administrative law judge conduct a hearing and, after consideration of the sworn testimony of the parties and the documentary evidence properly presented, issue a new decision with respect to the merits of the complaint.

cc: John T. Meredith

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