Wis.LIRC ER Decision: Matthews, George - March 31, 1983 - Procedure - petitions for LIRC review - LIRC will not accept or act on a request to review a dismissal of a complaint issued by the ERD Investigation section - LIRC's authority under the WFEA limited to review of timely filed petitions of hearing examiners' findings and orders

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

GEORGE C. MATTHEWS, JR., Complainant

MARC PLAZA HOTEL, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 8005194, EEOC Case No. 055761766

On September 11, 1980, the Equal Rights Division of the Department of Industry, Labor and Human Relations (DILHR) issued a NOTICE OF DISMISSAL-INVESTIGATION with respect to an amended complaint filed by the Complainant herein. The amended complaint was originally filed with the Equal Employment Opportunity Commission in Milwaukee on March 14, 1978, and later deferred to the DILHR Equa1 Rights Division in accordance with s. 706 of Title VII of the Civil Rights Act of 1964, as amended. Complainant alleged in the amended complaint that he was unlawfully discharged by the Respondent based on race in December 1975, and that he had learned about his discharge for the first time at a February 1978 probable cause hearing with the Respondent before DILHR on his complaint of race discrimination in regard to "rehire."

The NOTICE OF DISMISSAL-INVESTIGATION issued by the Equal Rights Division outlined as reason for the dismissal that (1) since a determination on Complainant's discharge had already been made by an examiner in connection with his complaint of race discrimination in regard to rehire, a re-investigation is precluded by the doctrines of res judicata and collateral estoppel; and (2) the amended complaint was not timely filed because Complainant's discharge occurred in December 1975, and Complainant's amended complaint was not received by the Department until March 5, 1980.

Complainant subsequently "appealed" the NOTICE OF DISMISSAL- INVESTIGATION and the Department referred the matter to the Commission.

Based on a review of the record in its entirety, the Labor and Industry Review Commission hereby finds that it lacks jurisdiction to review the "appealed" NOTICE OF DISMISSAL-INVESTIGATION. The Commission's authority as set forth under the Act is limited to review of timely filed petitions of examiners' findings and orders. Accordingly the Commission hereby ORDERS the dismissal of Complainant's "appeal" herein.

Dated and mailed March 31, 1983

/s/ David A. Pearson, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ Hugh C. Henderson, Commissioner

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