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

ALLEN P BRIESCHKE, Employee

SPEEDWAY SUPERAMERICA LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02400851AP


ORDER

Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the commission sets aside the May 7, 2002 appeal tribunal decision. The commission also remands the matter to the Department of Workforce Development for de novo hearing and decision on the merits. The basis for the commission's action is the department's failure to have granted the employer a postponement of the May 6, 2002 hearing in the case.

On March 1, the department sent out a Confirmation of Timely Appeal document. It stated that parties were to notify the department of dates in the "next few weeks" the party would be unavailable for hearing. The department sent notice on April 19, for a May 6 hearing. As soon as the employer received the notice, it contacted the department to request a postponement on the ground that its witness with firsthand knowledge of matters in dispute would be out of the country on a previously- scheduled vacation. The department denied the request for postponement on the ground that the employer had not previously indicated to the department that any of its witnesses would be unavailable for a hearing on May 6.

Nine weeks, which is the length of time between the Confirmation of Timely Appeal form and the scheduled hearing date, is more than a "few" weeks. The commission believes it is overly formal to require parties to list in advance more than two months of scheduling conflicts.

Dated and mailed September 4, 2002
briesal . upr : 105 : 8  PC 715

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

 

cc: Attorney Gary J. Schmidt


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uploaded 2002/09/13