JAMES B HOPPE, Employee

GOLDEN COUNTY FOODS, 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 petition for review was filed by the employer.

Wisconsin Stat. § 108.09 (6)(a) provides, in relevant part, as follows:

"The department or any party may petition the commission for review of an appeal tribunal decision, pursuant to commission rules, if such petition is received by the department or commission or postmarked within 21 days after the appeal tribunal decision was mailed to the party's last-known address. The commission shall dismiss any petition if not timely filed unless the petitioner shows probable good cause that the reason for having failed to file the petition timely was beyond the control of the petitioner . . ."

Wisconsin Admin. Code § LIRC 1.02 provides, in relevant part, as follows:

All petitions for commission review shall be filed within 21 days from the date of mailing of the findings and decision or order . . .

Wisconsin Admin. Code § LIRC 1.025 provides, in relevant part, as follows:

...(3) Petitions for review may be filed by facsimile transmission. A petition for review transmitted by facsimile is not deemed filed unless and until the petition is received and printed at the recipient facsimile machine of the commission or of the division of the department to which the petition is being transmitted. The party transmitting a petition by facsimile is solely responsible for ensuring its timely receipt. The commission is not responsible for errors or failures in transmission. A petition for review transmitted by facsimile is deemed filed on the date of transmission recorded and printed by the facsimile machine on the petition.

The administrative law judge's decision having been dated and mailed on March 2, 2007, the last day on which a timely petition for review could have been filed was March 23, 2007. The petition for review was filed on April 11, 2007.

The employer explains that, although the petition was prepared on March 13, 2007, it was not transmitted until April 11, 2007, more than two weeks after the appeal period had expired, and this delay resulted from an error or oversight by the employer's office staff.

The actions of its staff, even if they involve neglect or malfeasance, are imputed to the employer (See, Adkins v. Seven Oaks, UI Hearing No. 04608917MW (LIRC Nov. 5, 2004)), and an error or oversight by one of the employer's staff members does not constitute a reason beyond control

The commission therefore finds that the petition for commission review was not timely and that the petitioner has not shown probable good cause that the reason for having failed to file the petition timely was beyond the petitioner's control, within the meaning of Wis. Stat. § 108.09 (6)(a).

The petition for review is dismissed.

Dated and mailed May 17, 2007
hoppeja . upr : 115 : 1  PC 711

/s/ James T. Flynn, Chairman

/s/ Robert Glaser, Commissioner

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uploaded 2007/05/21