Milwaukee, WI
Wednesday, July 17, 2002
11:00 a.m. - 12:00 p.m.
Portage County Public Library-Pinery Room
1001 Main Street
Stevens Point, WI 54481
Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. If you have special needs or circumstances that may make communication or accessibility difficult at the hearings, please call (608) 267-1405 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Pursuant to s.
108.08 (1), Stats., a claimant must give notice to the department with respect to a week of unemployment “within such time and in such manner as the department may by rule prescribe" in order to receive benefits for that particular week.
Under the current s.
DWD 129.01 (1), a claimant must file his or her initial claim for benefits no later than the close of the week in which the claimant intends the claim to start. For example, a claimant who files two weeks late cannot obtain unemployment benefits retroactively unless the department waives the time limit under the exceptional circumstances provision in s.
DWD 129.01 (4). This proposed rule extends the time period for filing an initial claim by seven days beyond the end of the week for which the claimant expects to get the benefits.
Increasing the time frame within which a claimant may file a timely initial unemployment insurance benefit claim would reduce disparate treatment of claimants in like situations by removing the subjectivity of finding “exceptional circumstances" before allowing late claims and ease an increasing workload for the unemployment insurance division. This change would eliminate approximately 67% of untimely filing issues, which would translate into savings of 5 to 6 full-time employees (FTEs). These positions would then be able to turn attention and time to resolving other eligibility issues at a time when the unemployment insurance division is currently experiencing a sharp increase in workload and anticipates continued increase over the next three years.
The telephone initial claims system allows the department to be more lenient in proscribing filing deadlines due to its expanded accessibility and speed in identifying and resolving eligibility issues. Systems changes to the telephone initial claims system are estimated to require 50 hours at approximately $50 to $60 per hour for a total of $2500 to $3000.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business.
Fiscal Impact
The rule will have an immediate cost of approximately $3000 for an automation change. The extension of the time period for filing a claim is expected to eliminate approximately 67% of untimely filing issues. This translates into savings of 5 to 6 full-time employees who would have otherwise been needed to determine these issues.
Contact Information
For substantive questions concerning the proposed rule, contact Tom Smith, Research Attorney, UI Bureau of Legal Affairs, 266-9641.
Written Comments
Written comments on the proposed rules received at the following address no later than July 19, 2002, will be given the same consideration as testimony presented at the hearing.
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
106.01 (9) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the apprenticeship probationary period.
Hearing Information
July 17, 2002 GEF 1 Building, Room H203
Wednesday 201 E. Washington Avenue
1:30 p.m. MADISON
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
The proposed rule provides that the apprenticeship probationary period shall be up to 25% of the indenture hours of the apprenticeship and may not exceed 12 calendar months. The current rule provides that the apprenticeship probationary period may not exceed 6 months.
The department, in consultation with the Wisconsin Apprenticeship Advisory Council, is proposing this change for the following reasons:
• When the current rule was promulgated, most apprenticeship programs were 3 years or less years in length. Now 5 years is more the norm.
• There has been significant growth in the number of apprentices and local committees are having a difficult time reviewing all the apprentices in time to meet the six month deadline.
• Six months does not give apprentices sufficient time to correct their deficiencies, and some potentially good apprentices are not being given a chance to improve.
• In the past most apprentices were indentured in early summer, just before school begins. It is now customary to bring apprentices in year round. In some cases, committees are unable to assess an apprentice's ability in their related instruction. For example, if apprentices are hired in February, they may not start school until August, so in that example the probationary period is over before the apprentice has begun school.
The Wisconsin Apprenticeship Advisory Council has surveyed all the state trade committees and there is overwhelming support for this change in all sectors of the apprenticeship program.
Initial Regulatory Flexibility Analysis
The proposed rule change will allow small employers a longer period of time to try out an apprentice and retain the option to cancel the apprenticeship “without cause" or as a “no fault." Employer groups supporting the proposed rule change include Plumbing & Mechanical Contractors of Milwaukee, Sheet Metal & Air Conditioning Contractors of Wisconsin, Associated Builders & Contractors, and the National Electrical Contractors, Wisconsin Chapter. The rule change is also supported by the Milwaukee & Southeast WI District Council of Carpenters, WI State AFL-CIO,, including the United Association of Plumbers & Steamfitters, Iron Workers Local 383, Roofers Local 65, Sheet Metal Local 18, and the International Brotherhood of Electrical Workers. Also supporting the change is the WI Apprenticeship Advisory Council and WI Technical College Apprenticeship Coordinators Council.
Fiscal Effect
The proposed rule change has no fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than July 19, 2002, will be given the same consideration as testimony presented at the hearing.
