Wis.LIRC UC Decision: Randonis, Paul - October 18, 2006 - PC 712.4 - Hearing, Failure to Appear - Telephone hearings - problems with telephone, connection - arrangements had been made for employer's attorney to appear by phone, connection problems because of intervening call

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

PAUL D RANDONIS, Employee

US AIRWAYS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 06604007MW

O R D E R

Pursuant to authority granted in Wis. Stat. § 108.09(6), the commission sets aside the appeal tribunal decision issued on July 28, 2006, and remands this matter for a new hearing and decision by a different ALJ. The employer in this case made arrangements with the hearing office to have legal representation by telephone. The ALJ attempted to contact the employer's legal representative. The representative asserts that his telephone rang at about 9:15 a.m. and he answered the telephone, assuming it was the ALJ. However, it was another caller and he quickly hung up, at which time he discovered that the ALJ had attempted to call him. The representative immediately contacted the hearing office but it was unable to connect the representative with the hearing room. Based on the above, the commission remands this matter to the hearing office for the purpose of holding another hearing on the issue of whether the employee's discharge was for misconduct connected with his work.

Dated and mailed October 18, 2006
randopa2 . usd : 145 : 1 PC 712.4

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

cc: US Airways Inc.

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uploaded 2006/10/23