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


JOHN R ELSEN, Employe

KENOSHA PUBLIC SCHOOL, Employer

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 97604964KN


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:

The following sentence is added to the end of paragraph two of the appeal tribunal's FINDINGS OF FACT and CONCLUSIONS OF LAW:

"After March 20, 1997, the employe was no longer a school year employe, because of his pursuit of his own business and his return to work to another, non-education-related employer. The issue to be resolved is whether the employe was a school year employe for purposes of the `reasonable assurance' statute and, if so, whether he had reasonable assurance of work in the 1997-98 school year."

Paragraph three of appeal tribunal's FINDINGS OF FACT and CONCLUSIONS OF LAW is deleted.

Sentences four and five of paragraph four of the appeal tribunal's FINDINGS OF FACT and CONCLUSIONS OF LAW are deleted, and the following is substituted therefor:

"Until the employe's employment ended, he was a school year employe. Once his employment ended, however, he no longer was a school year employe and so could not receive reasonable assurance of work in the 1997-98 academic year, within the meaning of Wis. Stat. § 108.04 (17)(a)."

Paragraph five of the appeal tribunal's FINDINGS OF FACT and CONCLUSIONS OF LAW is deleted, and the following is substituted therefor:

"It is therefore found that the employe was not performing services as a school year employe in an instructional, research, or principal administrative capacity, for an educational institution, when the employer purported to give the employe reasonable assurance of employment for the 1997-98 academic year, within the meaning of Wis. Stat. § 108.04 (17)(a)."

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employe is eligible for benefits, if otherwise qualified.

Dated and mailed December 5, 1997
elsenjo.umd : 105 : 2   ET 481

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The commission agrees with the administrative law judge's ultimate conclusion of eligibility for benefits. The commission has modified the appeal tribunal decision to reflect its belief that, when the employer offered the employe reasonable assurance of 1997-98 employment, the employe no longer was a school year employe within the meaning of Wis. Stat. § 108.04 (7)(a), and thus was not subject to the reasonable assurance provisions.


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