McNally v. Commonwealth

Opinion by

Judge Rogers,

James J. McNally has appealed from an order of the Unemployment Compensation Board of Review upholding a referee’s decision denying benefits under Section 402(h) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(h). We affirm the Board’s order.

Mr. McNally is the president and treasurer of J. J. McNally, Inc. and presently owns fifty percent (50%) of the outstanding stock. McNally was employed as a manager by the company from the time it was founded in 1951 until July 11, 1975 when he removed…