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

RONALD ALEXANDER, Complainant

UNIFIED SOLUTIONS INC., Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. CR200201647, EEOC Case No. 26GA201278

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 January 31, 2003
alexaro . rsd : 125 : 9

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

Wisconsin Administrative Code § DWD 218.18(4) states as follows: "If the complainant fails to appear at the hearing, either in person or by a representative authorized to proceed on behalf of the complainant, the administrative law judge shall dismiss the complaint .... If, within 10 days after the date of hearing, any party who failed to appear shows good cause in writing for the failure to appear, the administrative law judge may reopen the hearing." The complainant failed to appear at the hearing, either in person or by a representative authorized to proceed on his behalf. Therefore, the ALJ dismissed his complaint.

In his petition for review, the complainant apparently asserts that he failed to appear at his December 17, 2002 scheduled hearing because he no longer had an attorney. The commission concludes that good cause has not been shown for the complainant's failure to appear at the hearing. Documents in the case file indicate that the complainant had retained an attorney by October 7, 2002. There is no indication as to when the complainant no longer had an attorney, or what, if any, efforts he made to secure another attorney. Furthermore, there is no indication that the complainant ever notified the Equal Rights Division of his situation and made a request for a postponement or a continuance of the hearing. Under these circumstances, the commission considers that it was appropriate to dismiss the complainant's complaint when he failed to appear at the hearing.

cc: 
Attorney Nancy M. Barasch
Attorney Joanne M. Breese-Jaeck

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