Wisconsin Vocational, Technical & Adult Educational Services District Consortium v. Labor & Industry Review Commission

371 N.W.2d 811, 125 Wis. 2d 285, 1985 Wisc. App. LEXIS 3446
CourtCourt of Appeals of Wisconsin
DecidedJune 13, 1985
DocketNo. 84-355
StatusPublished

This text of 371 N.W.2d 811 (Wisconsin Vocational, Technical & Adult Educational Services District Consortium v. Labor & Industry Review Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wisconsin Vocational, Technical & Adult Educational Services District Consortium v. Labor & Industry Review Commission, 371 N.W.2d 811, 125 Wis. 2d 285, 1985 Wisc. App. LEXIS 3446 (Wis. Ct. App. 1985).

Opinion

BEILFUSS, Reserve Judge.

The Labor and Industry Review Commission appeals from an order of the circuit court reversing a LIRC decision which granted unemployment compensation benefits to Nelson J. Hough, a vocational education instructor. Respondent is the Wisconsin Vocational, Technical and Adult Educational Services District Consortium at Fox Valley Vocational, Technical and Adult Education District (the district), a public educational institution.

Respondent employed Hough during the 1979-80, 1980-81 and 1981-82 school years. Hough worked during the summer in Illinois between school years in 1980. He was laid off by his Illinois employer a few weeks before the 1980-81 academic year began. He returned to work for respondent in the fall of 1980. At the conclusion of that school year in 1981, he applied for benefits based on his combined weeks of employment with respondent and the Illinois employer.

The Department of Industry, Labor and Human Relations (DILHR) denied benefits in its Initial Determination. The denial stated that sec. 108.04(17) (a), Stats., made Hough ineligible because he had served as an in[287]*287structor in the 1979-80 academic year and had a reasonable assurance he would perform such services the next academic year.

Pursuant to sec. 108.09 (2r), Stats., Hough asked for a second determination. DILHR applied sec. 108.14 (8n) (e), which determines shares of liability among employers when the employee worked in two or more jurisdictions, and reversed its determination of ineligibility. It concluded that Hough could elect to combine wages earned in both states within the applicable base period for the purpose of obtaining and allocating the cost of benefits. Accordingly, DILHR held respondent liable for 86.945 percent of Hough’s benefits because respondent had paid that percentage of his wages during the base period. Both the DILHR Appeal Tribunal and LIRC affirmed this determination.

Respondent appealed to the circuit court. The court reversed LIRC, finding Hough ineligible for benefits under sec. 108.04(17) (a), Stats.

The dispositive issue on appeal is whether sec. 108.14 (8n) (e), Stats., requires payment of unemployment compensation benefits to Hough, notwithstanding the limitations on eligibilty for public school instructors between academic years in sec. 108.04 (17) (a).

Appellant argues that LIRC correctly determined that Hough was eligible for unemployment compensation benefits and that it properly set Hough’s benefit rate. Appellant also argues that LIRC correctly charged respondent a proportionate share of the benefits paid to Hough.

“In reviewing a circuit court order reversing an order of an administrative agency, an appellate court’s scope of review is the same as that of the circuit court” (footnote omitted). State ex rel. Palleon v. Musolf, 117 Wis. 2d 469, 473, 345 N.W.2d 73, 75 (Ct. App.), aff'd, 120 Wis. 2d 545, 356 N.W.2d 487 (1984). It is not bound by the agency’s conclusion of law. West Allis School Dis[288]*288trict v. DILHR, 110 Wis. 2d 302, 304, 329 N.W.2d 225, 227 (Ct. App. 1982). It has “the power in the first instance to determine whether the standard or policy choice used by the agency comports with the statutory purpose.” Leissring v. DILHR, 115 Wis. 2d 475, 481-82, 340 N.W.2d 533, 536 (1983). “[W]here the question involved is one of first impression, the court will accord the agency’s interpretation due weight in determining the appropriate statutory construction, rather than the great weight-rational interpretation standard.” Arrowhead United Teachers v. ERC, 116 Wis. 2d 580, 594, 342 N.W.2d 709, 716 (1984).

In construing a statute, the entire section and related sections are to be considered in its construction or interpretation. Furthermore, a statute should be construed to give effect to its dominant idea, and the entire statute should be brought into harmony with the statute’s purpose. State v. Clausen, 105 Wis. 2d 231, 244, 313 N.W.2d 819, 825 (1982).

LIRC could not determine Hough’s eligibility without first deciding whether sec. 108.04(17) (a), Stats., limited sec. 108.14 (8n) (e). Because the agency was interpreting related statutes in a novel factual context, rather than applying settled law to new facts, we accord only due weight to its conclusions.

Pertinent parts of the controlling statutes are as follows. Section 108.04(17) (a), Stats., provides:

An employe of a nonprofit or public educational institution . . . who performs services in an instructional . . . capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years ... , if such employe performed such services in the first such academic year or term and if there is a contract or a reasonable assurance that such employe will perform such services in the 2nd such academic year or term.

Section 108.14(8n) (a), Stats., provides:

[289]*289The department shall enter into a reciprocal arrangement which is approved by the U.S. secretary of labor pursuant to s. 3304(a)(9)(B) of the federal internal revenue code, to provide more equitable benefit coverage for individuals whose recent work has been covered by the unemployment compensation laws of 2 or more jurisdictions.

Section 108.14(8n) (e), Stats., provides:

This state’s share of any benefits paid under this subsection shall be charged to the account of each employer by whom the employe was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in such base period, except that if s. 108.04(5) or (7) (a) would have applied to employment by such an employer, . . .

In construing sec. 108.04(17) (a), Stats., we must read its disqualifying language with the general purpose of ch. 108 in mind. Leissring, 115 Wis. 2d at 484, 340 N.W.2d at 537.

Subsection 108.04(17) (a), Stats., follows the language in amendments to the Federal Unemployment Tax Act, 26 U.S.C. sec. 3304 (a) 1982 which governs employer participation in the state’s unemployment compensation system. Both laws make unemployment compensation unavailable to certain nonprofit and public school employees for the period between two successive academic years or terms, when the employee has a contract for the coming year or has a reasonable assurance of employment in a similar capacity. Lessring, 115 Wis. 2d at 484-87, 240 N.W.2d at 537-39. The effect of sec. 108.04(17) (a), is to disqualify such employees for benefits based on weeks of educational service when the employees are unemployed between successive academic years. In interpreting sec. 108.04(17) (a), the Wisconsin Supreme Court has stated:

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Related

West Allis School District v. Department of Industry, Labor & Human Relations
329 N.W.2d 225 (Court of Appeals of Wisconsin, 1982)
Leissring v. Department of Industry
340 N.W.2d 533 (Wisconsin Supreme Court, 1983)
Raisanen v. City of Milwaukee
151 N.W.2d 129 (Wisconsin Supreme Court, 1967)
Fred Rueping Leather Co. v. City of Fond Du Lac
298 N.W.2d 227 (Court of Appeals of Wisconsin, 1980)
State Ex Rel. Palleon v. Musolf
345 N.W.2d 73 (Court of Appeals of Wisconsin, 1984)
State Ex Rel. Palleon v. Musolf
356 N.W.2d 487 (Wisconsin Supreme Court, 1984)
State v. Clausen
313 N.W.2d 819 (Wisconsin Supreme Court, 1982)
Eboch v. Commonwealth
395 A.2d 321 (Commonwealth Court of Pennsylvania, 1978)

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371 N.W.2d 811, 125 Wis. 2d 285, 1985 Wisc. App. LEXIS 3446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-vocational-technical-adult-educational-services-district-wisctapp-1985.