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Unemployment Insurance Advisory Council Meeting Minutes

Monday, October 3, 2005 01:00 p.m.

Wisconsin Manufacturers and Commerce Building
501 East Washington Avenue, Madison

MEMBERS PRESENT:

Management: James Buchen, Daniel Petersen, Ed Lump and Earl Gustafson

Labor: Phillip Nuenfeldt, Dennis Penkalski, Robert Lyons, Red Platz and Mike Bolton

Chair: Greg Frigo

Department staff present: Hal Bergan, Dan LaRocque, Lutfi Shahrani, Dick Tillema, Ruth Tucker, Carla Breber, JoAnn Hium, Elaine Pridgen, Brian Bradley and Troy Sterr

Others present: Bob Anderson, Larry Smith

MINUTES

The meeting was opened with a review of the minutes of the September 16, 2005 meeting. The minutes were corrected to show the approval for the use of Reed Act funds for UI administration was budgeted for the second year of the biennium, July 1, 2006 – June 30, 2007.

D05-33: Redefine Employer Fault: The proposal was to suspend an employer agent’s privilege to represent employers for one year if the appeal tribunal reverses and denies benefits in 5% or more cases within a 12-month period and the appeal tribunal finds the failure to provide information is without good cause. The change was unanimously approved.

D05-49: SUTA dumping: Proposal was made to make the rate change effective at the beginning of the next quarter and not the date of the transfer. No conformity problems were seen with this change. The proposal was unanimously approved.

Council voted to go into closed caucus at 1:25 p.m.

Council reconvened in public session at 3:19 p.m.

The following was agreed upon and unanimously passed by the council:

  1. Discharge for Absenteeism without Notice
    • The council wanted it noted that the legislation is regarding a call in policy vs. an absenteeism policy
    • Employer is to have a written policy which includes:
      1. Some way to verify that the employee received the policy (i.e. sign-off)
      2. Defines what constitutes a tardy or absence
      3. The process for giving notice
      4. Indication that failure to notify may lead to discharge
      5. Uniform application
    • 6 tardies or 5 absences without notice will result in disqualification
    • 6 X 6 requalification
    • One warning before discharge
    • 4 year sunset
  2. Repeal the Food Processing Exclusion
  3. Move toward changing the definition of full-time from 35 hours to 32 hours
  4. Change PEO statute to say PEO and employer may negotiate wage
  5. A & A—change rule on availability to replace the requirement of availability for 50% of all suitable, full-time jobs in a claimant’s labor market with a requirement for availability for full-time work during the hours in which there is substantial demand for work in the trade or occupation in which the claimant usually works or has prior training or experience, giving consideration to the hours and length or shift that the claimant has worked since the start of the claimant’s base period
  6. Maximum weekly benefit rate increase of $12 for 2006 and $14 for 2007
  7. To have a study completed regarding the financing and viability of the unemployment reserve fund.
  8. Funding for AG office, committing to fund 50% position.

The meeting was adjourned.

Updated August 24, 2009
Unemployment Insurance Division, Bureau of Legal Affairs (BOLA)
Content Contact: Legal Affairs Staff