Bernstein Unemployment Compensation Case

Opinion by

Ervin, J.,

In this unemployment compensation case the bureau and the referee denied benefits to the claimant under §402(b) (1) of the Unemployment Compensation *325Law, 43 PS §802(b) (1). The board affirmed denial of benefits but held that the claimant was ineligible to receive benefits under §402(h) of the Unemployment Compensation Law, 43 PS §802(h).

It is our opinion that the board’s decision was a correct one but based upon an erroneous reason. The bureau and referee based their decision upon the correct reason.

The claimant was president and general manager of Berne Company, Inc.,…