Polewsky v. Vermont Dept. of
Employment & Training, 96-JSA-4 (ALJ Jan. 7,
1997)
UNITED STATES DEPARTMENT OF
LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002
Date: January 7, 1997
Case No.: 96-JSA-4 (formerly 94-JSA-6)
In the Matter of:
VICTOR B. POLEWSKY,
Complainant,
v.
VERMONT DEPARTMENT OF EMPLOYMENT
AND TRAINING and ELECTRICAL, UNLIMITED,
Respondents.
DECISION AND ORDER
The above-captioned matter is before this Office on Respondents' appeal of
the determination by the Regional Administrator and Complainant's subsequent cross-appeal. On
November 4, 1996, Respondent Vermont Department of Employment and Training filed a motion
to dismiss. On November 25, 1996, I ordered the parties to show cause why this matter should not
be dismissed for the reasons stated in Respondent's motion. Neither Complainant nor the Regional
Administrator of the Department of Labor responded to that Order.
In support of its motion to dismiss, Respondent states that the employer at
issue, Electrical, Unlimited, is no longer in business. Respondent submitted the affidavit of Thomas
W. Douse, Director of the Employment and Training Programs Division. He states that he is
responsible for the unemployment insurance program administered by the Vermont Department of
Employment and Training and that Respondent Electrical, Unlimited went out of business and
ceased providing employment on February 26, 1993. Respondent argues that this case is moot
because the only relief which could be granted is the discontinuation of services, 20 C.F.R. §
658.501(a)(1), action which cannot be taken against an entity that no longer exists and which has no
successors.
It appears, as Respondent suggests, that this matter has become moot by the
termination of the entity Electrical, Unlimited. As Complainant and the Regional Administrator
have offered no further argument or request for other relief, IT IS HEREBY ORDERED that this
matter be DISMISSED.
