JEFFREY M DUDZIK, Employee

HARDEES FOOD SYSTEMS INC, Employer

An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits in weeks 16 through 19 of 2001. Thereafter, the employee is eligible for benefits, if otherwise qualified.

Dated and mailed July 11, 2001
dudzije . usd : 145 : 3  AA 205 

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

In his petition for commission review the employee asserts that he believes that he should be eligible for unemployment benefits despite the fact that he is a full time student attending a university. The employee asserts that he will work any hours of the day except Monday through Friday mornings. Thus, he believes he is available for at least 80 percent of the total hours that could be worked in a week. However, the employee must, in order to be eligible for unemployment insurance payments, be able to work and available for work. In this case, the percentage of full time work in his labor market on second or third shift is significantly less than 50 percent. While the employee is also willing to work afternoons, he is not available for work, as most work is first shift. It is the number of jobs he is available for, and not the number of hours he is willing to work, that determines whether or not he is available for work.

cc: Michael M. Dudzik

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uploaded 2001/07/16