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

DIANA L SIMMONS, Employe

GLI INTERNATIONAL INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99601799MW

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 beginning in week 6 of 1999, if otherwise qualified.

Dated and mailed July 16, 1999
simmodi.usd : 132 : 2 PC 715, 732

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision, which found the employe was discharged from her employment but not for misconduct connected with her work. The commission has reviewed the record in this matter and agrees with the appeal tribunal's findings of fact and conclusions of law. The employe had shown improvement in her attendance in the months between September and January. While the employe had a number of absences in the latter part of her employment, they were for generally valid reasons and generally with notice to the employer.

The employer states in its petition that it does not believe that the employe was sworn in under oath. The commission's review is based on a synopsis of testimony typed by a legal assistant employed by the department. Generally, the legal assistant does not include in the synopsis the swearing in of witnesses. In this case, however, because of the employer's assertion in its petition, the legal assistant specifically typed in the part of the proceedings where the administrative law judge swore the employe in. The synopsis of testimony reflects the following:

ALJ: Would you stand and raise your right hand? Do you solemnly swear or affirm the testimony you're about to give in this matter be the truth, the whole truth and noting but the truth?

Employe: I do.

Synopsis, page 5.

Since the legal assistant only types what is actually said, the commission must assume that the employe was in fact sworn in at the hearing in this matter. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

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