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

CONNIE M MACKLIN, Employee

AIM TRANSFER & STORAGE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11606221MW


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, except that it makes the following modifications:

1. Before the first paragraph under FINDINGS OF FACT and CONCLUSIONS OF LAW, insert:

Department records show that the employee initiated a claim for unemployment insurance benefits on September 2, 2009 (week 36). Her benefit year ended in week 35 of 2010. The employee received regular, emergency, and extended benefits in 2009, 2010, and 2011. She initially exhausted her benefits in week 16 of 2011. In August 2011, she received an additional week of extended benefits for week 17 of 2011. As of week 18 of 2011, the only unemployment benefit program for which the employee was potentially eligible was extended training benefits.

2. In the final paragraph under FINDINGS OF FACT and CONCLUSIONS OF LAW, replace "17" with "18."

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employee is ineligible for extended training benefits beginning in week 18 of 2011.

Dated and mailed November 4, 2011
macklco . umd : 152 : 1

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner



MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision which held that she was not eligible for extended training benefits because her pursuit of a GED or HSED does not constitute approved training.

The extended training benefits program provides up to 26 additional weeks of unemployment benefits to claimants who are enrolled in training for entry into a high demand occupation if a number of conditions are met. A claimant must have exhausted all rights to other benefits; be otherwise eligible for benefits; be currently enrolled in approved training (as defined in Wis. Stat. § 108.04(16); if not in a current benefit year, have a benefit year that ended no earlier than 52 weeks prior to the week for which the claimant first claimed extended training benefits; and not be receiving stipends or other training allowances.

While the employee met some of the conditions for extended training benefits, she did not meet all of them. Namely, the employee did not establish that she was in approved training.

Any course of training that is not approved under the federal trade act or the federal workforce investment act, or is not administered by the department for the training of unemployed workers, must meet the requirements of Wis. Stat. § 108.04(16)(a) to be considered "approved training."

Wisconsin Stat. § 108.04(16) provides:

(16) APPROVED TRAINING. (a) In this subsection, "approved training" means:

1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:

a. The course is expected to increase the individual's opportunities to obtain employment;

b. The course is given by a school established under s. 38.02 or another training institution approved by the department;

c. The individual is enrolled full time as determined by the training institution;

d. The course does not grant substantial credit leading to a bachelor's or higher degree; and

e. The individual is attending regularly and making satisfactory progress in the course.

The employee's classes to obtain a GED or HSED involve basic, academic coursework. The classes are not part of a course of vocational training and were not taken as a necessary step towards further vocational education. See, e.g., Schmidt v. Braeger Ford Inc., UI Dec. Hearing No. 00601359MW (LIRC May 12, 2000). The department defines vocational training as non-academic, skill-oriented training that provides the student with job tools and skills that can be used in the workplace. It includes technical, skill-based, or job readiness training intended to pursue a career. Disputed Claims Manual, Approved Training, Part II, Section G: Regular Vocational Training. The employee was not pursuing vocational coursework and admitted that she was not sure what type of vocational coursework she would want to pursue. The record establishes that the only reason the employee was pursuing a GED or HSED was to secure additional unemployment benefits. She was not in training for a high demand occupation.

The employee applied for assistance under the federal Workforce Investment Act of 1998 (WIA) and had an appointment for orientation for the WIA Dislocated Worker program. Title I of the WIA authorizes services for youth, adults, and displaced workers, and those services include core, intensive, and training services. 29 U.S.C. § 2801 et seq. In Wisconsin, most WIA Title I services are delivered through local Job Centers. So, while it was established that the employee was seeking training services under the WIA, there is no evidence in the record that a WIA caseworker had approved a training plan for the employee and that the employee's GED and HSED classes were a part of that plan.

In her petition, the employee claims that it is not right that she does not qualify for additional unemployment benefits. The commission disagrees. The law must be applied as written. The employee does not meet the statutory requirements for extended training benefits. She has received all of the unemployment insurance benefits for which she was eligible and to which she was entitled.


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