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

CHARLOTTE VERSER, Employee

US CELLULAR, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 05605379MW


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The issue to be decided is whether the employer had good cause for failing to appear at a hearing scheduled for July 6, 2005.

The employer and employee received adequate notice of the hearing. However, when the employer received its notice it realized that it would need to postpone the matter because its main witness was on vacation at the time of the hearing. To that end, it contacted its representative in St. Louis, asking that the representative take the appropriate steps to postpone the matter.

On July 1, 2005, the employer's agent contacted the department and requested a postponement because a witness was on vacation. The request was denied. The employer failed to appear at the hearing because its primary witness had a scheduling conflict and its request for postponement on that basis had been denied.

Wis. Adm. Code § DWD 140.08, states as follows, in relevant part:

(1) A party who requests a postponement of a hearing shall make the request known to the hearing office as soon as the party becomes aware that a postponement is necessary. Unreasonable delay in requesting a postponement may be the basis for denial of the request.

(2) No postponements may be granted for the mere convenience of a party. All parties are expected to arrange time off from their everyday affairs, including management duties, work and school, to attend hearings. The hearing office or the administrative law judge scheduled to conduct the hearing may grant a postponement only for an exceptional reason.

The employer's agent was sent a Confirmation of Timely Appeal document which notified the parties to alert the hearing office immediately if a party, the party's representative and/or witnesses had conflicts attending a hearing. Further, the parties were informed that it was their responsibility to arrange time off from everyday affairs including management duties, work, school, and vacation, to attend the UI hearing. The Confirmation of Timely Appeal document was mailed on June 11, 2005. The Notice of Hearing was mailed on June 27, 2005. The employer had two weeks prior to the time the Notice of Hearing was mailed to alert the hearing office that a witness would be unavailable on specific dates. The employer and its representative unreasonably delayed in seeking a postponement. Such delay in alerting the hearing office of the conflict justified the decision not to postpone the hearing.

The commission therefore finds that the employer/respondent failed to appear at the hearing held on July 6, 2005, and that such failure was not with good cause, within the meaning of Wis. Stat. § 108.09(4), and Wis. Admin. Code Ch. DWD 140.

DECISION

The decision of the administrative law judge is modified to conform to the above findings and, as modified, is affirmed. The employer/respondent's request for a rehearing on the merits is denied. The appeal tribunal decision issued on July 8, 2005, is reinstated.

Dated and mailed October 4, 2005
versech . urr : 132 : 8 :  PC 712.5

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner


 

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uploaded 2005/10/10