Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Frank Parente, No. B-131040.
Michael J. Murphy, with him Robert T. Kane, for appellant.
Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.
[ 27 Pa. Commw. Page 456]
Appellant, Frank Parente, was denied unemployment compensation by the Bureau of Employment Security on the ground that he was "self-employed" and thus ineligible to receive benefits under Section 402(h) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. 2897, as amended, 43 P.S. § 802(h). The referee affirmed the
[ 27 Pa. Commw. Page 457]
Bureau and the Unemployment Compensation Board of Review adopted the referee's findings of fact and also affirmed. This appeal ensued. We affirm the Board's decision.
The uncontested findings of fact adopted by the Board are that the appellant was employed by the United States Steel Corporation (U.S. Steel) until November 20, 1975 when he was laid off for lack of work. On April 5, 1974, while still employed by U.S. Steel, the appellant had registered with the Prothonotary of Allegheny County a corporation known as Aries Bicycle, Inc. (Aries). Appellant is the president of Aries and owns 100% of the stock and exercises a substantial control over the corporation.*fn1 Aries, a bicycle sales and repairs business, was a sideline activity pursued by the appellant while employed full-time by U.S. Steel. It was also pursued by the appellant after his layoff on November 20, 1975.
Section 402(h) of the Law, 43 P.S. § 802(h), provides, inter alia, that:
An employe shall be ineligible for compensation for any week --
(h) In which he is engaged in self-employment: Provided, however, That an employe who is able and available for full-time work shall be deemed not engaged in self-employment by reason of continued participation without substantial change during a period of unemployment in any activity including farming ...