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

JOHN A NEUENDORF, Employee

KRAFT FOODS GLOBAL INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10005039MD


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 employee is ineligible for benefits in weeks 16 through 19 of 2010 (April 11 to May 8).

Dated and mailed January 7, 2011
neuenjo . usd : 164 : 1 MC 676

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

In his petition for commission review the employee argues that he was not the only one on the job responsible for performing label checks on April 14, but was the only one suspended. The employee contends he was wrongfully singled out and, further, that this was a very minor mistake. The employee's arguments fail. The record contains no evidence to suggest that anyone other than the employee was responsible for performing the label check on the night in question, and the commission sees no basis to conclude that the employee was unfairly singled out for discipline. While the commission does agree that the employee's error was a minor one, the good cause standard for a disciplinary suspension requires only that there be some culpable conduct on the part of the employee, which need not be so serious as rise to the level of misconduct. The employee's failure to perform a timely label check may not have been egregious, but it nonetheless evinced negligence on his part. Because the commission agrees with the appeal tribunal that the employee's employment was suspended as a disciplinary action for good cause connected with his work, the appeal tribunal decision is affirmed.

cc: Joe Jerzewski
Timothy A. Emond


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