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


DONALD E BARKER, Complainant

METZ BAKING CO, Respondent A

METZ BAKERY, Respondent B

FAIR EMPLOYMENT DECISION
ERD Case No. 199704765


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 December 15, 2000
barkedo.rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

In his petition for commission review the complainant argues that the administrative law judge erroneously interpreted the Fair Employment Act, and that a correct interpretation of the Act compels a different result. The complainant has failed to elaborate upon this assertion, and the commission has no specific indication as to why the complainant believes he should prevail based upon the record in this case. Notwithstanding this, the commission has reviewed the hearing record in order to determine whether the administrative law judge's findings of fact and conclusions of law are supported. Based upon its independent review of the record, the commission agrees with the factual findings made by the administrative law judge and with his conclusion that the complainant was not discharged based upon his arrest record, but because the respondent reasonably believed he reported for work under the influence of alcohol. The dismissal of the complaint is affirmed.

NOTE: Subsequent to the completion of the commission's review of this matter, but prior to its issuance of a decision, the complainant's attorney contacted the commission to request a briefing schedule. No request for a briefing schedule was made with the petition for review, nor when the transcript was submitted to the commission on October 4, 2000. The complainant's request to file briefs was not received by the commission until December 1, 2000, after it had already completed its review and prepared its decision. Pursuant to LIRC 1.07 of the Wisconsin Administrative Code, the request to file briefs is denied.

cc: Peter M. Reinhardt
Jennifer M. Tenhaeff


Appealed to Circuit Court. Affirmed April 23, 2001.

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