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

JOSHUA S TRUSE, Employee

AUTO GLASS INSTALLATION, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11401052AP


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 unemployment benefits beginning in week 9 of 2011, and until the employee is again able to work and available for suitable work.

Dated and Mailed July 28, 2011

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee petitioned the adverse appeal tribunal decision alleging that he was able to work and available for full-time work. The employee worked for approximately nine years as a technician for the employer, an automobile glass installation business. His last day of work was December 24, 2009 (week 52), when he was indefinitely laid off due to a lack of work. On January 6, 2010 (week 2), the employee initiated an initial claim for unemployment benefits. His claim was backdated to week 1 of 2010 and he filed weekly claim certifications thereafter.

On February 22, 2011 (week 9), the employee resumed his claim for Emergency Unemployment Compensation ("EUC") benefits. He filed weekly claim certifications through week 30 of 2011; however, he did not receive any benefits. The claimant has not worked since he was laid off by the employer at issue. He testified at the hearing that the lowest weekly wage he would be willing to accept is $600, and that he is not seeking work outside the automobile glass installation industry.

The statutes permit a six-week canvassing period for unemployed workers to continue to limit themselves to work at an equivalent level of skill and pay as their former position. As of the date of the hearing, the employee had been unemployed for 67 weeks, yet he was still limiting his work search to positions paying at least $600 per week, and located in the automobile glass installation industry. Although the employee asserts in his petition for commission review that he is willing to accept a lower wage, his testimony at the hearing does not support this statement. Moreover, the employee continues to restrict his search to the same line of work as his former employment. By the employee's own admission, the job opportunities in the automobile glass installation industry are few and far between due to the current economy.

The employee's self-imposed restrictions are unreasonable after 67 weeks of unemployment. Consequently, the commission agrees with the administrative law judge that the claimant was not available for work, within the meaning of Wis. Stat. § 108.04(2)(a), because he had withdrawn from the labor market, within the meaning of Wis. Admin. Code § DWD 128.04(4), due to his salary requirement and his limitation on the type of work he was seeking. See, Lohman v. Bou-Matic LLC, UI Dec. Hearing No. 09002536LX (LIRC Oct. 8, 2009).


trusejo . usd : 102 : 5  AA 285

cc: Kwik Fix Auto Glass (Allenton, WI)


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