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


STEPHANIE L MIKKELSON, Employe

PIZZA PASTA VI INC, Employer

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 97002596LX


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 October 8, 1997
mikkest.usd : 105 : 1  MC 665.12 MC 687

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because it agrees with the administrative law judge's conclusion of no misconduct. The critical issue is whether the employe was "banking" her subordinate's hours in contravention of the employer's standards, or with the employer's tacit approval. The administrative law judge found credible the employe's testimony that her conduct had been condoned by higher level management; nothing in the record indicates to the commission that this assessment by the administrative law judge was erroneous, so the commission will not disturb it. From this point, however, the conclusion of no misconduct is easily reached since the employe cannot be said to have intentionally disregarded standards the employer reasonably could expect of her. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc: PIZZA PASTA

ATTORNEY DANIEL P RYAN
JAMES B NOBLE LAW OFFICE


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