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

LORI F JOHNSON, Employee

TOTAL PERSONNEL INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 05201280WU


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 employee worked about eight weeks performing work at an injection molding plant for the employer, an employment agency. Her last day of work was June 7, 2005. She was absent with notice on June 8, 2005. When she reported for work on second shift, June 9, 2005, the employee was told that her assignment was cancelled. She then contacted the employer, who told her that they had no further work for her. She initiated a claim for benefits on Friday June 10, 2005 (week 24).

When the employee filled out her weekly claim, she notified the department that she had not done a work search that week. She was denied benefits in that week due to her failure to conduct a work search.

The department has the discretion under DWD 127.02 of the Wisconsin Administrative Code to waive the work search requirement in weeks in which a worker works for her customary employer. The employee worked on Monday and Tuesday of that week and was absent with notice on Wednesday. She was unaware that she was unemployed until she reported for work late in the day on Thursday. Under these circumstances, the commission finds it appropriate to waive the work search in week 24.

The commission therefore finds that in week 24 of 2005, the requirement that the employee make a reasonable search for work is waived, within the meaning of Wis. Stat. § 108.04(2) and chapter DWD 127 of the Wisconsin Administrative Code.

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employee is eligible for benefits in week 24 of 2005.

Dated and mailed October 28, 2005
johnslo . urr : 178 : 1 CP 350

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner


MEMORANDUM OPINION

The commission did not consult with the ALJ prior to reversing. Its decision is not based on any differing assessment of witness credibility. Instead, the commission reaches a different legal conclusion when applying the law to the facts.


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uploaded 2005/11/07