Daniel R. Allemeier, Jr. - Page 10

                                       - 10 -                                         
               We first note that the parties both stipulated on the record           
          that Selane Products did not expressly require that petitioner              
          obtain an MBA to continue employment with Selane Products.12  We            
          must determine, therefore, whether Selane Products conditioned              
          promotions, rather than employment generally, on petitioner                 
          beginning the MBA program.                                                  
               Petitioner’s boss at Selane Products strongly encouraged him           
          to obtain the MBA.  Petitioner’s boss also speculated that                  
          petitioner might advance faster within Selane Products with the             
          MBA.  The record does not support respondent’s contention,                  
          however, that petitioner’s promotions were contingent on his                
          beginning the MBA program.  Encouraging petitioner to obtain the            
          MBA and speculating that he might advance faster with the MBA is            
          not tantamount to a requirement that petitioner obtain the MBA.             
          Moreover, we decline to find that a minimum education requirement           
          existed merely because petitioner’s promotions happened to                  
          coincide with his enrollment in the MBA program.                            
               We find no evidence in the record that petitioner was                  
          required to begin the MBA program to receive the promotions at              
          issue.  Nor do we discern that a requirement existed on the facts           


               12Inexplicably, while a letter in evidence emphatically                
          states that “Daniel R. Allemeier, Jr. is in fact required to earn           
          a graduate degree in order to maintain employment with Selane               
          Products, Inc.,” the parties stipulated:  “An MBA did not meet an           
          express requirement of Selane Products as a condition to                    
          petitioner’s retention with Selane Products.”                               




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