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

ANTHONY H RAYMOND, Employe

RAWSON PLUMBING INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99608668MW

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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employe worked about seven months for the employer, a plumbing contractor. His last day of work was November 19, 1999 (week 47), when he voluntarily terminated his employment. Pursuant to an agreement between the employe's union and the employer the employer was required to pay the premiums on the employe's health insurance. During the employe's employment the employer failed to make timely premium payments. In the early fall of 1999 the employe approached the employer regarding its failure to make timely payments. The employer assured the employe that it was an oversight. On November 18, 1999, the employe again learned that the employer was in arrears in paying the health insurance premiums. The employe informed his supervisor of his dissatisfaction with, among other things, the employer's failure to timely make premium payments. The employe's supervisor replied that that was the way things were and if he wanted to quit it was up to him. The employe quit his employment.

The issue to be decided is whether the employe voluntarily terminated his employment with good cause attributable to the employer.

"Good cause attributable to the employing unit" means some act or omission by the employer justifying the employe's quitting; it involves "some fault" on the part of the employer and must be "real and substantial." Nottelson v. DILHR, 94 Wis. 2d 106, 120, 287 N.W.2d 763 (1980) (citing Kessler v. Industrial Comm., 27 Wis. 2d 398, 401, 134 N.W.2d 412 (1965), and Hanmer v. DILHR, 92 Wis. 2d 90, 98, 284 N.W.2d 587 (1979)). For the exception to apply, the quitting must be "occasioned by" the act or omission of the employer which constitutes good cause. Hanmer, 92 Wis. 2d at 98 (citing Kessler v. Industrial Comm., 27 Wis. 2d 398, 401, 134 N.W.2d 412 (1965)).

Part of the employe's employment contract included the employer's obligation to pay health insurance premiums for the employe's health insurance. The employe previously complained to the employer about its failure to make timely premium payments. At the end of the employe's employment the employer was still, or again, in arrears in making such premium payments. The employer's action subjected the employe to the risk of having to pay the premiums himself which would exceed $300 per month. The employer's failure to timely make the insurance premium payments provided the employe with good cause attributable to the employer for terminating his employment within the meaning of Wis. Stat. § 108.04 (7)(b).

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employe is eligible for benefits beginning in week 47 of 1999 if he is otherwise qualified.

Dated and mailed March 30, 2000
raymoan.urr : 132:3 : VL 1005  VL 1080.02

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission did not consult with the ALJ regarding witness credibility and demeanor. The commission reverses the ALJ based on undisputed testimony offered by both the employe and the employer. The employer admitted that the employe had previously complained about its failure to make timely health insurance premium payments and that at the time the employe quit it was again behind in such payments. Accordingly, the commission disagrees with the ALJ's legal conclusion that the employer's failures did not give the employe good cause attributable to the employer for voluntarily terminating his employment.

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