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

DAVID L THOMAS, Employe

HURD MILLWORK CO INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98201821MW

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 in weeks 6 through 43 of 1998. Thereafter, the employe is eligible for benefits, if otherwise qualified.

Dated and mailed March 31, 1999
thomada.usd : 135 : 1 CP 360

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The explanation offered on behalf of the employe by the president of his local union does not constitute an exceptional circumstance permitting waiver of the employe's initiating claim requirement. Exceptional circumstances include advice by the employer, the employe's union, or the unemployment office itself, not to claim or file. It was not established that the employer, his union or the unemployment office advised the employe not to claim or file. Essentially, the employe was unaware of the requirement and this failure does not constitute an exceptional circumstance permitting waiver of the initiating requirement. Written claim instructions were available to the employe during the period of time in question for consultation and guidance as to his obligations. Furthermore, the employe could have telephoned the unemployment office for clarification as well. Under the circumstances, the appeal tribunal decision must be affirmed.

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