JOHN P MARTIN, Employee

CUNA MUTUAL INSURANCE SOCIETY, 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 eligible for benefits beginning in week 10 of 2003, if otherwise qualified.

Dated and mailed December 23, 2003
martijo . usd : 132 : 1  MC 690

David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

The employer has petitioned for commission review of the adverse appeal tribunal decision that found the employee was discharged but not for misconduct connected with his work. The commission has reviewed the record in this matter and agrees with the ALJ that the employer did not establish through its documentation that the employee's personal use of the Internet exceeded the amount of break time he had available on any particular day. While the commission understands that the employee would spend some time reading the information on sites that he visited, the employer's documentation still did not establish how much time was spent on non-work related Internet use. The employer's policy did not quantify how much personal use of the Internet was permitted. The employee received no warnings that his Internet use was considered excessive. The commission agrees with the ALJ that, under these circumstances, the employer needed to put the employee on notice that it considered his personal use of the Internet excessive and that his employment was in jeopardy if he continued to engage in such activity. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

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uploaded 2003/12/29