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

LARRY D LAKES, Employe

STAFFING RESOURCES (SC) LTD PARTNERSHIP, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99606161RC

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 November 26, 1999
lakesla.usd : 164 : 6   MC 605.05   PC 732

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In the petition for commission review the employer's agent argues that the employe should be denied benefits because he was a no-call-no-show. This argument fails. A single no-call-no-show is insufficient to warrant a conclusion that an employe has quit, as the employer alleged at the hearing, nor is it so egregious as to rise to the level of misconduct, within the meaning of the law. Moreover, in this case the employe testified that he was not a no-call-no-show, having called the employer's client to report his absence at the start of his shift, then calling the employer a few hours thereafter. Under all of the circumstances, the commission sees no basis upon which to deny the employe benefits. Accordingly, the appeal tribunal decision is affirmed.

NOTE: The employer's agent has requested that the commission listen to the hearing tape. However, in the absence of any reason to believe that the hearing synopsis is either incomplete or inaccurate, the commission declines to listen to the tape and has based its decision upon the evidence contained in the hearing synopsis.

 

cc: CONTINENTAL INVESTIGATIONS & SEC LTD

JOHN AUSTIN
HEARING DECISION ANALYST
C/O THE FRICK CO

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