NYTIAHA v. UNEMPL. COMP. B. OF R. ET AL.

Nos. 1933 C.D. 1977, 2906 C.D. 1978, and 446 C.D. 1979.

56 Pa.Commw. 564 (1981)

Michael Nytiaha, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and University of Pennsylvania, Respondents. Adele Foster, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and University of Pennsylvania, Respondents. James W. McPherson et al., Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and University of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

February 11, 1981.


Attorney(s) appearing for the Case

Bruce M. Ludwig, with him Stephen A. Sheller, P.C., for petitioners.

William J. Kennedy, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for respondent, Unemployment Compensation Board of Review.

Kathryn H. Levering, with her Francis J. Connell, III, Drinker, Biddle & Reath, for respondent, University of Pennsylvania.

Argued December 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, WILLIAMS, JR. and PALLADINO. Judges BLATT and MacPHAIL did not participate.


OPINION BY JUDGE MENCER, February 11, 1981:

The claimants in the instant unemployment compensation appeals are dining-service employees of the University of Pennsylvania (University). During the regular school years in question, the University employed approximately 125 dining-service workers. Their primary function was to feed the University's resident students in the dormitory dining halls and to perform the necessary food service functions in the cafeterias which...

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