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

JASON D CLIFF, Employee

PUMP DRIVER INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02003362JV


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 13 of 2002, if otherwise qualified.

Dated and mailed September 24, 2002
cliffja . usd : 135 : 8  MC 605.01   MC 657   MC 699.05

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

In its petition for commission review, the employer argues that the employee was discharged due to excessive absenteeism and tardiness. The employer provided testimony that the employee was aware his job was in jeopardy and the employer contends that the employee's benefits should not be allowed.

It was undisputed at the hearing that the employer had a no fault attendance policy which required a discharge after the accumulation of nine points. At the time of the employee's discharge the employee had accumulated only seven points. Another reason for the employee's discharge was his reluctance to operate a certain machine. Despite the employee's reluctance, the employee had never been warned that his failure to work on that specific machine could lead to his discharge. Because the employer issued no warnings, the employee was denied an opportunity to improve his work performance in this regard. Under the circumstances, the employer failed to establish that the employee's discharge was for misconduct connected with his employment within the meaning of the law.

cc: 
Pump Drivers, Inc. - Mundelein, IL
Pump Drivers, Inc. - Elkhorn, WI
Attorney Anthony c. Kraujalis


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uploaded 2002/10/04