Commonwealth v. Commonwealth

Opinion by

Judge Cbaig,

The Pennsylvania Department of Labor and Industry (DLI) has appealed from a decision of the Unemployment Compensation Board of Beview (board) which granted compensation to the claimant,1 who had been terminated as Director of DLI’s Bureau of Administrative Services.

DLI urges that the claimant was ineligible under Section 1002(11) of the Unemployment Compensation Law,2 43 P.S. §892(11), which excludes individuals in public positions “which, under or pursuant to the laws of this Commonwealth, are designated as ... a major nontenured policymaking or advisory position. ...”

We…