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

BORIS LOMONOSOV, Employe

ALUMINUM INDUSTRIES CORP, Employer

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 97600464WB

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 agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employe is ineligible for benefits beginning in week 50 of 1996, and until four weeks have elapsed since the end of the week of quitting and the employe has earned wages in covered employment performed after the week of quitting equaling at least four times the employe's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed April 10, 1997
lomonbo.usd : 132 : 5  VL 1007

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The employe has petitioned for commission review of the adverse appeal tribunal decision which found that he voluntarily terminated his employment and not for any reason permitting immediate benefit payment. The employe states in his petition that he claimed unemployment benefits because he did not work at his full-time employment during the last week of December. However, the employe's quitting of his part-time position must be for a reason that permits immediate benefit payment. The only potential exception to the quit disqualification under the circumstances of this case is sec. 108.04 (7)(o), Stats. However, the administrative law judge correctly found that the statutory exception did not apply in this case because the employe had not been terminated from his full-time position. Rather, the employe had been on a short-term layoff, which does not serve to terminate the employment relationship. For these reasons, the commission must agree with the appeal tribunal that the employe's quitting of his part-time position did not fall within any statutory exception which would permit immediate benefit payment.

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