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


SHANNON C GILLON, Employe

HONDO INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00603849MW


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 employer's request for a hearing on the merits is dismissed. The initial determination shall remain in effect.

Dated and mailed August 25, 2000
gillosh.usd : 132 : 1  PC 717

/s/ David B. Falstad, Chairman

/s/ 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 that it did not have good cause for failing to appear at the scheduled hearing. The employer's representative states in the petition that the employer's witnesses were called out of town and neither was available to testify. However, the employer's witness testified at the hearing that there is a mandatory meeting that is scheduled every third Thursday of each month. The meeting was not a surprise. The location of the meeting may have been a surprise, but that the employer's witnesses would be engaged at a mandatory meeting every third Thursday of each month was not unexpected. The initial determination of May 1, 2000, and the confirmation of timely appeal document of May 4, 2000 both indicated that the parties were to advise the department of any dates that a witness would be unavailable. It is when the appeal is filed and the confirmation of timely appeal notice is sent that the employer's representative and the employer should be determining whether the employer's necessary witnesses will be available during the upcoming weeks. The employer's agent did not establish good cause for waiting until May 22 to make the initial request for a postponement when she was notified on May 18 that the employer's witness would unavailable for the hearing. The reason the postponement would have been granted if it would have been requested on May 18 is because it would have been a promptly made request for a postponement. Wis. Admin. Code § DWD 140.08(1) provides that parties shall make the need for a postponement known to the department as soon as the party becomes aware that a postponement is necessary and that unreasonable delay in requesting such a postponement may be the basis for denial of the request. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

cc: HONDO INC


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