Opinion

Miceli v. Commonwealth, Unemployment Compensation Board of Review

  • 93 Pa. Commw. 505
  • 502 A.2d 297
  • 1985 Pa. Commw. LEXIS 1479
Court
Commonwealth Court of Pennsylvania
Filed
Dec 17, 1985
Status
Published
Author
Blatt
On the bench
Blatt, Craig, Doylé
Cited by
2 cases
Authority
More cited than 9.1%

The opinion

Dissenting Opinion by

Judge Blatt:

I respectfully dissent.

The majority concludes that, even though employees were routinely granted permission to be excused from overtime work prior to April 25, 1979, their refusals to work overtime during the period here involved constituted a disruption of the status quo. I cannot agree, and would hold that the disruption of the status quo occurred on April 25, 1979 when the employer unilaterally instituted the mandatory overtime policy. Accordingly, under Philco Corporation v. Unemployment Compensation Board of Review, 430 Pa. 101 , 242 A.2d 454 (1968), I believe that the work stoppage in this case should be considered to have been a lock-out.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.