Wis.LIRC ER Decision: Foster, Florence - January 30, 1984 - Procedure - After no timely appeal was filed from ALJ's original decision, ALJ issued another decision purporting to amend the original decision, and a petition for reveiw was filed from that amended decision - neither WFEA, Ch. 227, or ERD rules allow this kind of amendment - the amended decision, and everything which occurred subsequent to it, was a nullity

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

FLORENCE C. FOSTER, Complainant

CREST BUILDING MAINTENANCE COMPANY, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 8154178, EEOC Case No. 055820184

The examiner of the Department of Industry, Labor and Human Relations issued a decision in the above-captioned matter on July 29, 1983. The examiner concluded that the Complainant, a female, was unlawfully discriminated against on the basis of sex in regard to hire, and backpay was ordered. No timely petition for review was filed with respect to this decision. Subsequently, on August 25, 1983, the examiner issued a second decision in this matter amending his original order of relief to provide for interest on the backpay award at the rate of 7 percent per annum. A petition for review, with arguments, was then filed on August 30, 1983, on behalf of the Respondent. Thereafter, Complainant submitted written arguments in opposition to said petition.

Based upon a review of the record in its entirety, the Labor and Industry Review Commission finds that it lacks jurisdiction to review the above-captioned matter and therefore ORDERS that the August 30, 1983 petition filed herein on behalf of Respondent be dismissed.

Dated and mailed January 30, 1984

/s/ David A. Pearson, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ Hugh C. Henderson, Commissioner

MEMORANDUM OPINION

The Commission finds that it has no jurisdiction to review this matter. No timely petition for review was ever filed with respect to the examiner's decision of July 29, 1983. The last day on which a timely petition could have been filed was on August 18, 1983. Further, neither the Fair Employment Act, nor Chapter 227, Wis. Stats., or Ind 88 of the Administrative Code authorizes an examiner to amend an earlier decision 27 days after its original issuance. Consequently, the examiner's August 25, 1983 Decision and Amended Order, and everything which transpired thereafter in connection with this case was a nullity.

125

[ Search ER Decisions ] - [ ER Decision Digest ] - [ ER Legal Resources ] - [ LIRC Home Page ]

uploaded 2009/02/03