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


GINA R YNOCENCIO, Employe

UCX AIR FORCE (803), Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00600963RC


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 ineligible for unemployment benefits beginning in week 4 of 2000, and until the employe is again able to work and available for suitable work. This matter is remanded to the Department of Workforce Development for full and thorough investigation whether the employe's course work is approved training, within the meaning of Wis. Stat. § 108.04(16).

Dated and mailed June 7, 2000
ynocegi.usd : 105 : 1   AA 205

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because it agrees with the appeal tribunal that the employe's school attendance prevents her from meeting the 50 percent availability for work requirement of Wis. Admin. Code § DWD 128.01(2). The sense both the appeal tribunal and commission have, from the record, is that the employe's primary emphasis is upon her school work, and that she is looking for work "around" her school schedule. The commission notes that this is an open-ended restriction, however. That is, if the employe takes the further step of actually transferring her courses to the evening or dropping a course which currently prevents her from taking first-shift work, then the employe may bring that change in circumstances to the attention of the Department of Workforce Development for possible redetermination of her claim.

The employe also questions whether her school attendance is approved training pursuant to Wis. Stat. § 108.04(16). The commission has remanded the case to the department for investigation of that issue; although it appears that the matter was addressed briefly, the information in the file is insufficient for the commission to know whether the matter was fully investigated. Approved training under the statute includes both vocational training and "basic education which is a prerequisite to such training." Another factor for investigation is the extent to which the employe's course work is transferable to, and usable both toward, a bachelor's degree from a four-year university. Pursuant to Wis. Stat. § 108.04(16)(a)2, to be approved training a course of study cannot grant substantial credit toward a bachelor's or higher degree. The department interprets this provision to allow only 50 percent of the credits in question to be so transferable. Although the employe indicated on a Factfinding Notice for School Attendance form that the courses she is taking would transfer to a four-year college, it is not clear to the commission how this can be the case, since the employe listed her course of study as dental hygiene. For these reasons, the commission believes the matter is best re-examined.


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