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

DENNIS R. JONES, Complainant

GENERAL MOTORS CORP, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199800713, EEOC Case No. 26G980812

An administrative law judge (ALJ) for the Equal Rights Division 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 (copy attached) is affirmed.

Dated and mailed July 28, 1999
jonesde.rsd : 125 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

On appeal the complainant argues that the ALJ erred in deciding probable cause on the basis of credibility determinations that should not have been made prior to a hearing on the merits. The law is to the contrary, however. Credibility determinations may be made at probable cause hearings. Boldt v. LIRC, 173 Wis. 2d 469, 496 N.W.2d 676 (Ct. App. 1992). The complainant has not specified how or why he believes the ALJ erred in any credibility determination. The commission is satisfied that the ALJ correctly assessed the credibility of the witnesses.

cc: David E. Lasker
Rick A. Haberman

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