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BITZEL UNEMPLOYMENT COMPENSATION CASE. (12/14/61)

December 14, 1961

BITZEL UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 277, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-64802, in re claim of Coleen Bitzel. Decision affirmed.

COUNSEL

Coleen Bitzel, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 196 Pa. Super. Page 553]

OPINION BY WOODSIDE, J.

The claimant in this unemployment compensation case was denied benefits by the board on the ground that she was not "employed" as that term is defined

[ 196 Pa. Super. Page 554]

    in the Unemployment Compensation Law, Section 4(L)(4)(7), 43 P.S. § 753(L)(4)(7).

This section provides: "(4) The word "employment' shall not include - ... (7) Service performed in the employ of an organization operated exclusively for religious, charitable, scientific, literary, or educational purposes ... no part of the net earnings of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation."

The bureau, the referee and the board found that the claimant's only employment in her base year was as bookkeeper of the Presbyterian Hospital, Pittsburgh, and that she had been employed by the hospital for two years eleven months prior to her last day of employment on January 19, 1961.

If this finding is correct, the decision of the board must be affirmed. The Presbyterian Hospital is an organization operated exclusively for charitable purposes, and its employes come under Section 4(L)(4)(7) of the Unemployment Compensation Law, 43 P.S. § 753(L)(4)(7), supra. The hospital does not contribute to the unemployment compensation fund, and its employes are not covered by the act.

The appellant contends that she was employed by Management Food Service, Inc., a division of Stouffer Corporation. To substantiate this position she introduced evidence that Management Food Service, Inc., supervised the Central Dietary where she worked, and that food was furnished by that ...


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