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


DUKE M JAWARA, Employe

MANPOWER TEMPORARY SERVICES, Employer

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 96005084MD


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development (Department of Industry, Labor and Human Relations prior to July 1, 1996) 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:

Sentences 3 and 4 of paragraph 4 of the appeal tribunal's FINDINGS OF FACT AND CONCLUSIONS OF LAW are deleted.

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employe is eligible for benefits in weeks 35 through 37, and thereafter, if otherwise qualified.

Dated and mailed February 3, 1997
jaaward.umd : 105 : 1 SW 854

/s/ Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ David B. Falstad, Commissioner


MEMORANDUM OPINION

The commission has modified the appeal tribunal decision to reflect that most of the employer's documentation of its alleged job offer to the employe indicates that the client's order and the employer's alleged communications with the employe about the matter occurred in 1996. As the administrative law judge indicated, though, the employe would have had good cause to refuse the offer in any event. The employe already had permanent, part-time employment, the hours of which prohibited him from accepting the alleged offer. The employer asserts in its petition for review that the employer continues to have work for the employe, but that the employe has not made himself available for work. The commission can only respond to such general statement in equally general terms; such determinations are made on a case-by-case basis and, in any event, are not germane to the issue in this case, whether the employe had good cause to refuse the one alleged offer of work.

cc: MANPOWER TEMPORARY SERVICES


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