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


HARRY L LEBO JR, Employe

MATERIAL HANDLING LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00605033MW


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, benefits are denied for week 21 of 2000.

Dated and mailed September 21, 2000
lebohar.usd : 178 : 6   AA 230  CP 350

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

In his petition for commission review, the employe argues that he was unaware that he was required to search for work prior to receiving materials from the department at the end of week 21. He therefore argues his work search should be waived for that week.

Wisconsin Administrative Code DWD chapter 127 covers work searches and the mandatory and permissive waivers of that work search allowed by the department. None of them apply to the employe's situation and there is no provision for waiver of the work search based on lack of notice.

However the commission does not find it wholly credible that the employe was unaware that he needed to be looking for work. Unemployment is intended for those individuals who are genuinely attached to the labor market. As the UI poster displayed in workplaces clearly states to be eligible for benefits a claimant must be able and available for work and actually seeking work. It is one of the basic requirements of the program that you seek work and be willing to work. Moreover, the telephone initial claims programs informs claimants whose work searches are not waived that they are required to search for work. However, as the employe stated in both his initial appeal and his petition he only accepted early retirement with the understanding that he could collect benefits and not have to work. Since he continues to collect benefits, the commission assumes that he is now genuinely interested in working. Nevertheless, in week 21 he did not search for work and had no interest in working. Therefore the appeal tribunal decision is affirmed.

cc: MORRIS MATERIAL HANDLING


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