Tuesday, December 30, 2014

UC - "primarily for religious purposes"

Beverly Hall Corp. v. UCBR – Cmwlth. Court – December 15, 2014

The Court affirmed the UCBR decision that the employer did not operate primarily for religious purposes, as defined in 43 P.S. 404 (l)(4)(8))a)(ii), relying heavily on a non-reported decision, Grau v. UCBR, 2012 WL 8668282 (Pa. Cmwlth. 2012)

The employer ran an organic CSA farm that was associated with the Church of Illumination, but the employer's own testimony showed that the employer organization was not created for religious purposes, but to perform the administrative, non-theological work of the church, such as ground and buildind maintenance and hiring.

The close financial connection between the employer and the church was held to be insufficient to exempt the employer, because a nonprofit corporation responsible solely for managing the admin. and finances of a religious organization is not operated primarily for religious purposes.