Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Frank J. George, No. B-170044.
John J. Dean, for petitioner.
Steven Marcuse, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.
Judges Wilkinson, Jr., Craig and Palladino, sitting as a panel of three. Opinion by Judge Palladino.
[ 57 Pa. Commw. Page 579]
Frank George (claimant) brings this appeal from a decision and order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision finding him to be an unemployed "businessman," and thus ineligible for unemployment compensation benefits under Section 402(h) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(h). We reverse.
On November 30, 1978, claimant was fired from his job as a $400 per week manager-mechanic for Scuro Transmissions, Inc. (Scuro), a position he had held for five years. Thereafter, he applied for unemployment compensation benefits with the Bureau, now Office, of Employment Security (Bureau), and this application was subsequently denied. On appeal, the referee found, inter alia, the following pertinent facts:
[ 57 Pa. Commw. Page 5803]
. The claimant was one of three stockholders in Scuro Transmission, Inc., 60 percent of the stock was owned by the president of the corporation, 20 percent was owned by the vice-president, secretary, and claimant as treasurer of the corporation owned 20 percent of the stock.
4. The claimant received no remuneration for performance of duties as treasurer of the corporation.
6. The corporation operates 5 shops. Part of claimant's duties consisted of setting up the shops and training new help.
7. As treasurer of the corporation, the claimant signed all payroll checks.
8. The claimant was a voting member of the board of directors, although final determinations vested with the ...