FARLOO, APPELLEE,

vs.

CHAMPION SPARK PLUG CO.; BOARD OF REVIEW, BUREAU OF

UNEMPLOYMENT COMPENSATION, APPELLANT

No. 30140
SUPREME COURT OF OHIO
61 N.E.2d 313, 145 Ohio St. 263, 30 Ohio Op. 482
May 16, 1945, Decided

APPEAL from the Court of Appeals of Lucas county.

 HEADNOTE

 

 

 
Unemployment compensation -- Benefits not payable, when -- Individual quit work voluntarily because of marital obligations -- Section 1345-6, General Code -- Wife resigned employment to join husband stationed with armed forces.

 SYLLABUS

 

 

 
1. Under the provisions of Section 1345-6, General Code, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment with respect to which the administrator finds such individual quit work voluntarily because of marital obligations.

 

2. When a wife resigns her position of employment to be with her husband in another state where he is stationed as a member of the armed forces of the United States, such termination of employment constitutes quitting work voluntarily because of marital obligations within the provisions of Section 1345-6, General Code.

 STATEMENT OF THE CASE

 

 

 
This action originated in the Court of Common Pleas as an appeal from the decision of the Board of Review of the Bureau of Unemployment Compensation denying compensation to Mrs. Jeanette Farloo, a former employee of the Champion Spark Plug Company of Toledo. Mrs. Farloo had been regularly employed by the Champion Spark Plug Company as an inspector. Her husband was a member of the armed forces of the United States, and on or about November 5, 1942, Mrs. Farloo requested and obtained leave of absence for the period beginning November 6 and ending November 21, 1942, for the purpose of visiting her husband who expected to be transferred to foreign duty.

 

Her husband was thereafter transferred to an army camp near Abilene, Texas, for additional training, and Mrs. Farloo requested her employer to extend her leave of absence for a period of three months. The employer granted her, however, only two additional weeks, so that her leave of absence terminated December 14, 1942. Mrs. Farloo decided to remain with her husband as long as he was stationed in this country and notified her employer on December 10, 1942, that she was resigning her job and would not return to work.

 

On November 19, 1942, she registered for work with the United States Employment Service at Abilene, Texas, and filed a continuing claim for benefits. She continued to report regularly thereafter until February 18, 1943, when she obtained work in the local branch store of the W. T. Grant Company. This employment continued until March 15, 1943, when she was laid off due to lack of work. She reported to the employment office on March 18, 1943, and continued to do so for the next three weeks.

 

Mrs. Farloo did not obtain any other employment in Texas, and on April 17, 1943, she returned to Toledo, Ohio, and secured immediate employment.

 

The administrator of The Bureau of Unemployment Compensation, on January 20, 1943, found that the claimant voluntarily quit her employment on November 19, 1942, because of marital obligations and suspended her benefit rights as of that date.

 

An appeal was perfected to the Board of Review, a hearing was held and the decision of the administrator was affirmed.

 

Thereafter the claimant perfected an appeal to the Court of Common Pleas of Lucas county, and that court reversed the decision of the Board of Review and found that Mrs. Farloo was "entitled to participate in the state unemployment compensation fund, as provided under the unemployment compensation law."

 

An appeal from this decision was taken to the Court of Appeals and that court, on August 14, 1944, found that Mrs. Farloo voluntarily quit her work with the Champion Spark Plug Company without just cause and that the potential maximum weeks of benefits for the benefit year should be reduced by six weeks, thus awarding her twelve weeks of compensation benefits, and concluded that the claimant "should be allowed credits for unemployment properly reported beginning December 4, 1942, and not November 19, 1942," and affirmed the decision of the Court of Common Pleas as thus modified.

 

The case is before this court upon the allowance of a motion to certify the record of the Court of Appeals.

 COUNSEL

 

 Mr. James H. Fox and Mr. M. L. Okun, for appellee.
 Mr. Hugh S. Jenkins, attorney general, and Mr. John M. Woy, for appellant.

 JUDGES

 

MATTHIAS, J. WEYGANDT, C. J., ZIMMERMAN, BELL, WILLIAMS, TURNER and HART, JJ., concur.
 AUTHOR: MATTHIAS

 OPINION

 

 

 
{*265} The single question presented by the record in this case is whether Mrs. Jeanette Farloo was entitled to participate in the benefits provided by the unemployment compensation statutes. The statutes of Ohio providing for such compensation are {*266} found in Section 1345-1 et seq., General Code. It is to be observed that these statutes are extremely liberal and unemployment benefits are thereby provided even where the employee is discharged for just cause in connection with his work or voluntarily quits his work without just cause, but in such instances the employee shall have a waiting period of three additional weeks during which no benefits are payable, and also a reduction in the number of weeks compensation is payable.

 

Section 1345-6, General Code, which is the portion of the unemployment compensation law pertinent here, provides as follows:

 

"Each eligible individual shall receive benefits as compensation for loss of remuneration due to total or involuntary partial unemployment in the amounts and subject to the conditions stipulated in this act; but no benefits shall be paid for total or partial unemployment occurring prior to January 1, 1939.

 

"a. No individual shall be entitled to any benefits unless he or she * * *

 

"(4) is able to work and available for work in his usual trade or occupation, or in any other trade or occupation for which he is reasonably fitted; and

 

"(5) is unable to obtain work in his usual trade or occupation or any other employment for which he is reasonably fitted including employments not subject to this act.

 

"b. An individual suffering total or partial unemployment shall be eligible for benefits for unemployment occurring subsequent to a waiting period of two weeks and no benefits shall be or become payable during this required waiting period, but no more than a total of two weeks of waiting period or periods shall be required of any such individual in any benefit year in order to establish his eligibility for total or partial unemployment benefits under this act; except that:

 

{*267} "An individual who has been discharged for just cause in connection with his work or who has voluntarily quit his work without just cause and thereafter is unable to secure other employment, shall have a waiting period of three additional weeks during which no benefits shall be payable. * * *

 

"c. An individual's maximum weeks of benefits per year shall be reduced by six weeks in the event his unemployment results from discharge for just cause in connection with his work, or from voluntarily quitting his work without just cause in connection with such work."

 

However, a clear exception to the above stated general provision was made by the specific provision of part "d" of Section 1345-6, General Code, as then in effect, which is in part as follows:

 

"d. Notwithstanding the provisions of subsection (a) of this section, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment with respect to which the administrator finds that such individual: * * *

 

"(7) quit work voluntarily to marry or because of marital obligations."

 

By amendment effective September 28, 1943 (120 Ohio Laws, 682), the word "voluntarily" was eliminated from this subsection. Other amendments were made to the act, but are immaterial here.

 

The right of the claimant to participate in this fund rests upon and must be determined by this latter section. Its language is clear and unambiguous. In express and specific terms it absolutely prohibits and precludes the payment of unemployment benefits to one who "quit work" voluntarily to marry or because of marital obligations. This provision constitutes a clear exception to parts "b" and "c" under which unemployment benefits are payable to one quitting his {*268} work without just cause in connection with such work.

 

This exception seems to apply even in cases where the availability of the employee for other employment is clearly established. Under the clear and express terms of the statute a person who has so quit work cannot establish availability. The unequivocal statement therein that "no individual may * * * be paid benefits for the duration of any period of unemployment with respect to which the administrator finds that such individual * * * quit work voluntarily * * * because of marital obligations" leaves for determination the single question whether Mrs. Farloo quit work "because of marital obligations."

 

The phrase "marital obligations" is very broad and applicable to many situations other than the particular one involved in this case. Any attemt to define the term generally would be gratuitous. Bouvier's Law Dictionary, Rawle's Third Revision, defines "marital" as "That which belongs to marriage; as marital rights, marital duties."

 

The finding of the administrator that Mrs. Farloo had quit her work because of marital obligations was based upon evidence before him. That conclusion was approved by the majority of the board of review; with that conclusion we are in accord. It is apparent that when the claimant resigned her position and thereby definitely quit work to remain in the South with her husband it was because she conceived such action to be her marital obligation. A marital obligation presumably arises from the marital relation itself, and when a wife definitely quits her work to live with her husband in another part of the country, it is pursuant to her marital obligation. Therefore, under the provisions of Section 1345-6, part "d," General Code, Mrs. Farloo was completely ineligible for unemployment benefits during the period prior to March {*269} 15, 1943, which is the only period involved in this controversy. Her status with reference to such compensation was not altered by her act of registering during that period for subsequent employment.

 

Other states have had a variety of statutory provisions covering the subject of unemployment compensation, some of which, in dealing with the question of disqualification, particularly as to the effect of quitting work because of marital obligation, are substantially the same as the provisions of the Ohio statute above quoted. Although there appears to have been no decisions of courts of last resort construing and applying those provisions, they have generally been administered in accordance with the conclusion to which we are impelled by force of the clear and unequivocal language employed in these statutory provisions. In our view, a contrary construction and application would be tantamount to legislative action, which is the province of the legislative and not the judicial branch of the government.

 

Other questions presented by the record become unimportant and are therefore not discussed or decided.

 

It follows that the judgment of the Court of Appeals should be and is hereby reversed, and final judgment is rendered against the claimant.

 

Judgment reversed.

 DISPOSITION
 

Judgment reversed.