Weber v. Unemployment Comp. Comm'n.
| Decision Date | 24 June 1943 |
| Docket Number | No. 234.,234. |
| Parties | WEBER v. UNEMPLOYMENT COMPENSATION COMMISSION. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Certiorari by Frank Weber, trading as Frank Weber Fishery, against the Unemployment Compensation Commission of New Jersey, to review a determination of the commission that the prosecutor's employees were not excepted from the Unemployment Compensation Act.
Determination affirmed.
May term, 1943, before CASE, DONGES, and PORTER, JJ.
Eugene C. F. McVeigh, of Newark (William P. Braun, of Newark, of counsel), for prosecutor.
Charles A. Malloy, of Trenton (Herman D. Ringle, of Trenton, of counsel), for respondent.
This writ of certiorari brings before us for review the determination of the respondent, Unemployment Compensation Commission, in holding that the employees of prosecutor, Frank Weber, performed services in their employment which were not excepted by the provisions of N.J.S.A. 43:21-19(i)(7)(C) because they were not members of a ‘crew’ within the meaning of the act.
The facts are not disputed. Weber's business is catching fish in pound nets set in the Atlantic Ocean off the coast of Monmouth Beach about one and one-quarter miles, and so within the territorial limits of the State. The fish are taken to his place of business in Monmouth Beach where they are prepared and shipped to market. He owns and operates a motor boat under ten tons burden which is launched into the surf on rollers with the aid of a team of horses and a driver, and is then hand propelled by seven occupants through the surf along a tow line made fast to a pile located in deep water, and then is propelled to the nets, three in number, by motor power. The trips to and from the nets take one and one-half to two hours under normal conditions and much longer when conditions are unfavorable. Daily trips are usually made. The boat is in charge of one of the men designated as Captain. When it is free of the surf, only two men are needed to operate it-one to steer and the other to attend to the motor. The seven men who go out to the nets also perform services in the boat and on shore in preparing the fish for market, repairing the nets etc. About one third of their time is on shore and two thirds at sea. Weber also employs in the business a cook and driver of the horses, all of whose services are performed on shore. Weber employed nine men in his business throughout the years 1937 to 1942 inclusive. The statute supra provides ...
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