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

JOHN D JOACHIM, Employe

ADECCO EMPLOYMENT SERVICES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99001991MD

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 eligible for benefits, if otherwise qualified.

Dated and mailed August 25, 1999
joachjo.usd : 105 : 6   SW 844

David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because it agrees that resolution is governed by Wis. Stat. § 108.04(9). The offer in question was new work within the meaning of that statute, the so-called "labor standards" provision. Pursuant to this statute, mandated by federal law, an employe may not be penalized for refusing to accept new work the wages, hours, or other conditions of which are substantially less favorable to the individual than those prevailing for similar work in the locality. As the administrative law judge indicated, substantially less favorable wages for an occupation are those in the lowest quartile of the range of wages for the work in question. The employer's offer falls within this standard so, pursuant to Wis. Stat. § § 108.04(8) and 108.04(9), the employe may not be disqualified from eligibility for not taking the offer. The commission notes, finally, that the labor standards provision must be considered regardless of whether a claimant raises it as a defense. For these reason, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc:

ADECCO EMPLOYMENT SERVICES

WRAY VASSAR
CONTINENTAL INVESTIGATIONS & SEC

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