BEFORE THE
STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

In the matter of the unemployment benefit claim of

GENE C. SOMMERS, Employee

Involving the account of

UNIVERSAL BRIXIUS, INC., Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 87-604357 MW


A department deputy's initial determination held that in week 31 of 1987, the employe failed to report in person to a public employment office to initiate his benefit claim, within the meaning of section 108.08(1) of the statutes, and Chapter ILHR 129.01 of the Wisconsin Administrative Code. Accordingly, benefits were denied for that week. The employe timely appealed and a hearing was held before an appeal tribunal. The appeal tribunal affirmed the initial determination, and the employe filed a timely petition for Commission review.

Based on the applicable law, records and evidence in this case, the Commission makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employe worked for approximately eight years as a night-shift foreman for the employer, a machine shop. His last day of work was July 24, 1987 (week 30). He did not report to a public employment office to initiate a claim for unemployment benefits until August 3, 1987 (week 32).

At issue is whether any exceptional circumstance existed which would result in waiver of the employe's requirement to report in person in week 31 of 1987, in order to initiate his unemployment benefit claim.

The UC poster provided to the employer by the department was not posted at the employer's work place at the time the employe's employment ended. It had been removed several months previously when the employer relocated its bulletin board and time clock.

Chapter ILHR 129.01(3)(e) of the Wisconsin Administrative Code provides:

"(3) The department shall waive the requirements of this section if exceptional circumstances exist. Exceptional circumstances include, but are not limited to, the following:

"(e) The failure of claimant's most recent employer to post or maintain any notice as to claiming unemployment benefits which has been supplied to the employer under section Ind 120.02."

The above section of the Administrative Code provides for a mandatory waiver of the in-person reporting requirement, if the employer has failed to post or maintain the UC poster provided by the department. The fact that the employer's poster had been posted three months prior to the termination date, and the fact that the employe had previously collected unemployment benefits are not controlling. The duty to post the poster is a serious one, and this duty is not satisfied unless the poster is permanently in place at the employer's establishment.

The Commission therefore finds that in week 31 of 1987, the employe failed to report in person to a public employment office to initiate his benefit claim, but that such failure is waived due to the failure of the employer to post or maintain a notice as to claiming unemployment benefits provided to it by the department, within the meaning of section 108.08(1) of the statutes, and Chapter ILHR 129.01 of the Wisconsin Administrative Code.

DECISION

The decision of the appeal tribunal is reversed. Accordingly, the employe is eligible for unemployment benefits in week 31 of 1987, if he is otherwise qualified.

Dated and mailed October 30, 1987
185 : CD7622  CP 360  CP 390

/s/ Hugh C. Henderson, Chairman

/s/ Carl W. Thompson, Commissioner

/s/ Pamela I. Anderson, Commissioner

NOTE: The Commission has reversed the decision of the appeal tribunal as a matter of law.


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