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

RUTHANN MCCULLOUGH, Employee

EAU CLAIRE AREA SCHOOL DISTRICT, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01201035EC


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.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employee is eligible for benefits, as of week 23 of 2001, if she is otherwise qualified.

Dated and mailed September 14, 2001
mcculru . usd : 105 : 8   ET 481

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The employer includes with its petition for review factual evidence not submitted to the administrative law judge at hearing. The commission may not consider such evidence, as by administrative rule its review in a case must be based upon the evidentiary record from the hearing before the administrative law judge. Even were the commission to consider that information, though, the result would remain the same. The employer's flyer states that it is its intention to call on the employee in the upcoming school year. That is not close to reasonable assurance, under Wis. Stat. § 108.04(17).

The commission has held that districts have to present evidence showing that the employee's opportunity to substitute teach in the upcoming school year will be similar to the opportunity the employee had in the prior year. Such evidence includes the number of substitutes the employer anticipates needing, how many substitutes it has to select from, and how substitutes are selected. See Schulte v. Franklin Public School, UI Dec. Hearing No. 99604704 (LIRC 9/3/1999).

For the above reasons, the commission agrees with the administrative law judge's conclusion of no reasonable assurance.

 


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2001/09/17