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


JASON J KLOTZ, Employe

DOYLE CONTRACTORS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98001719FL


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:

At the end of line one of paragraph six of the appeal tribunal's Findings of Fact and Conclusions of Law, "with the exception of week 12," is inserted.

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employe is ineligible for unemployment benefits in weeks 5-11 of 1998 and from week 13 of 1998 on, until the employe is again able to work and available for suitable work. The employe is eligible for unemployment benefits in week 12 of 1998, if he is otherwise qualified.

Dated and mailed: November 18, 1998
klotzja.umd : 105 : 6  AA 205

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission agrees with the administrative law judge that the employe's overall school attendance renders him unavailable for work within the meaning of Wis. Stat. § 108.04(2)(a). The exception is week 12 of 1998, the week of spring break at the employe's school. At the remand hearing the commission ordered in this case, a Department of Workforce Development labor market analyst testified that the employe was available for 100 percent of work in week 12. The labor market analyst testified that the majority of employers would not hire a worker to work for only one week, but that is not the statutory test. Rather, the statutory test is whether the employe is available for work in a given week. The evidence in the record indicates that, with respect to week 12, the employe was.

cc: MILES MERTENS
BUSINESS AGENT, LOCAL 1086


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