Maplewood Poultry Co. v. Maine Employment Security Commission

121 A.2d 360, 151 Me. 467, 1956 Me. LEXIS 19
CourtSupreme Judicial Court of Maine
DecidedFebruary 9, 1956
StatusPublished
Cited by5 cases

This text of 121 A.2d 360 (Maplewood Poultry Co. v. Maine Employment Security Commission) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maplewood Poultry Co. v. Maine Employment Security Commission, 121 A.2d 360, 151 Me. 467, 1956 Me. LEXIS 19 (Me. 1956).

Opinion

Beliveau, J.

On agreed statement of facts. The petitioner was assessed for Employment Security contributions for the years 1950 to 1953 inclusive. These assessments were appealed to the Maine Employment Security Commission and after hearing upheld by that body. The petitioner filed a petition for review, addressed to the Superior Court for the County of Waldo. At the October 1955 Term of that court, by agreement of the parties, the case was reported to this court on agreed statement of facts, we “to render such judgment as the law and the evidence requires.”

*468 The petitioner during this period was engaged in the production of poultry, sold to the Maplewood Packing Company, for processing and disposition. The stockholders of these two corporations are the same.

The petitioner owns a few poultry farms in the Belfast area where it produces hatching eggs and also raises some poultry. However, most of the poultry it produces is through the contract grower system. The petitioner’s concern or interest ceases when the poultry is delivered alive to the Maplewood Packing Company.

In connection with the raising of poultry by the growers, under contract with the petitioner, many services are supplied by the petitioner, in order that the poultry raised may be of the best and highest grade.

The employees are divided into four groups. Of these four groups, we are concerned here with but three.

(1) Service Men
(2) Pick-up Crews
(8) Grain Crews

The duties of these crews are well described in the defendant’s brief and that we adopt by quoting it in full:

“The service men visit the contract growers periodically in accordance with a schedule drawn up by petitioner. On these visits the service men check the following: supply of feed, grit and fuel; the'use of fuel and electricity; the storage and handling of grain; the supply and condition of litter ; the maintenance and state of repair of the contract grower’s raising house and equipment; the conversion ratio of grain to meat; the general health and mortality of the flock; the sanitation practices and raising conditions; the maturity, weight and quality of the flock. The service men also supervise caponizing and capetting programs, *469 advise the farmer in regard to raising procedures and new techniques, and respond to emergency calls for sick and diseased flocks. In other words, the service men perform a general supervisory and advisory function for the petitioner in regard to the raising of poultry.
The pick-up crews drive out from petitioner’s office on a regularly scheduled basis to the various farms where they gather up the chickens, load them into crates, put the crates on the trucks and drive to the Maplewood Packing Company where the crates are unloaded by employees of the packing company.
The grain crews load petitioner’s trucks with grain from petitioner’s warehouse in Belfast and then proceed to deliver grain to the various farms on a regularly scheduled basis. At the farm the grain crews unload the feed into the farmer’s grain bin, pick up empty feed bags and return to the warehouse for more grain. Litter and sawdust are also handled by the grain crews in substantially the same manner.”

The wages paid these groups, for the period mentioned earlier in this opinion, is the basis for the Commission’s contention that they are subject to Employment Security contributions by the petitioner.

That part of the Employment Security law involved here is found in Section 3, Chapter 29 of the Revised Statutes, which reads as follows:

“Sec. 3. Definitions. As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meanings:
I. ‘Agricultural labor’ includes all services performed :
A. On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agri *470 cultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wild life.
B. In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm.
C. In connection with the. production or harvesting of maple syrup or maple sugar or any commodity defined as an agricultural commodity in section 15 (g) of the Federal Agricultural Marketing Act, as amended, or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for supplying and storing water for farming purposes.
D. In handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions óf this paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
*471 As used in this subsection, the term ‘farm’ includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards.”

Much is said in the respondent’s brief as to the interpretation of the statutes involved here. The rule to be followed by this court has long since been established, and often reiterated, that, “If the meaning of the language is plain the Court will look no further; it is interpreted to mean exactly what it says.” Sweeney v. Dahl, 140 Me. 133, 34 A. (2nd) 673 (1943) at page 676. The language of the statute is plain and there is no need or necessity for the court to look any further as it is to be interpreted to mean exactly what it says. There is nothing vague, ambiguous or uncertain about it.

In the respondent’s brief it is intimated that the business conducted by the petitioner was a “business enterprise” and for that reason not covered by exemption of “agricultural labor.” It purports to cite as authority the case of

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hanford Produce Co. v. Clemmons
412 S.W.2d 828 (Supreme Court of Arkansas, 1967)
Arkansas Valley Industries, Inc. v. Laney
412 S.W.2d 817 (Supreme Court of Arkansas, 1967)
C. M. T. Co. v. Maine Employment Security Commission
163 A.2d 369 (Supreme Judicial Court of Maine, 1960)
Chester B. Brown Co. v. Employment Security Agency
299 P.2d 487 (Idaho Supreme Court, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
121 A.2d 360, 151 Me. 467, 1956 Me. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maplewood-poultry-co-v-maine-employment-security-commission-me-1956.