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

MICHELE A PERLONGO, Employe

BADGER INVENTORY SERVICE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99607906MW

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, the employe is ineligible for benefits beginning in week 34 of 1999, and until four weeks have elapsed since the end of the week of quitting and the employe has earned wages in covered employment performed after the week of quitting equaling at least four times the employe's weekly benefit rate which would have been paid had the quitting not occurred. The employe is required to repay the sum of $2,006.00 of which $5.00 is included in the overpayment amount set forth by form UCB-37, notice of overpayment to the Unemployment Reserve Fund.

Dated and mailed March 31, 2000
perlomi.usd : 135 : 1  PC 729

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In her petition for commission review, the employe restates her version of the facts surrounding her separation. The employe not only contends but believes it was the employer that failed to assign her work and consequently was the moving party in the employment separation. However, the evidence gathered at the hearing establishes that the employe failed to contact the employer after her last day of work on August 18, 1999 for additional assignments. The employe conceded such at the hearing. Therefore, the employe was the moving party in this employment separation when she failed to make any further contact with the employer for additional assignments. Concluding that the employe quit, the commission also determines that the employe's quitting fails to meet any statutory exception to the quit/disqualification found in Wis. Stat. § 108.04(7)(a).

The employe also raises concern with the manner in which the ALJ conducted the hearing. The employe contends that the ALJ mistreated her and was biased and therefore ruled in the employer's favor. At the employe's request, the commission listened to the hearing tapes. The commission notes that there were heated exchanges between the employe and the employer and in an effort to control the parties, the ALJ did reprimand the employe for an incident he deemed an "outburst." The employe conceded that it was an outburst at which point the ALJ explained that "what really was important was that he was making the decision and that he did not want to be bothered by such outbursts."

The commission recognizes personalities may differ at hearings and as such, ALJs are obligated to control the parties. Therefore, the commission is satisfied that the ALJ did not do anything out of the ordinary when he reprimanded the employe for her continued interruptions. As to the employe's bias allegation, the commission notes that a rejection of her arguments was based on the evidence and as such should not be confused with bias. Additionally, the commission has reviewed the record and finds no reason to believe that the ALJ decided the case on any basis other than the evidence which was credible. While the employe contends that she repeatedly attempted to contact the employer for future assignments, the ALJ did not credit this testimony. The commission does not find anything in the record or elsewhere to disturb this credibility finding.

The employe also discusses several other hearings which were conducted throughout this UI claim. The ALJ however repeatedly informed the employe that the only issue before him was the employe's employment separation from this employer. Other court matters were not relevant to the hearing and are not relevant to the commission's review of the hearing record.

cc: BADGER INVENTORY SERVICE

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