# Miceli v. Commonwealth, Unemployment Compensation Board of Review

> Commonwealth Court of Pennsylvania · December 17, 1985 · 93 Pa. Commw. 505

URL: https://www.frixlaw.com/law-library/cases/6371476

## Case

- **Full name:** Frank D. Miceli, Charles Minnich and Leander Krist, Token v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** December 17, 1985
- **Citations:** 93 Pa. Commw. 505; 502 A.2d 297; 1985 Pa. Commw. LEXIS 1479
- **Precedential status:** Published
- **Opinion:** Dissent by Blatt
- **Judges:** Blatt, Craig, Doylé
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6371476

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6371476. Public record. Not legal advice.