# Miceli v. Unemployment Compensation Board of Review

> Supreme Court of Pennsylvania · October 17, 1988 · 519 Pa. 515

URL: https://www.frixlaw.com/law-library/cases/9746732

## Case

- **Full name:** Frank D. MICELI, Charles Minnich and Leander Krist, Token Claimants, Appellants, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Commonwealth of Pennsylvania, Appellee, and Quaker Oats Company, Intervenor
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 17, 1988
- **Citations:** 519 Pa. 515; 549 A.2d 113; 1988 Pa. LEXIS 248
- **Precedential status:** Published
- **Opinion:** Concurrence by McDERMOTT
- **Judges:** Nix, Larsen, Flaherty, McDermott, Papadakos, Stout, Zappala
- **Cited by:** 28 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/9746732

## Opinion text

McDERMOTT, Justice,
concurring.
I agree with the opinion of Mr. Justice Zappala that the burden of proving a lockout is upon the proponent of that claim. Additionally, I agree with that part of the opinion of Mr. Justice Flaherty which states that where sabotage is alleged its proof is not dependent exclusively upon identification of individual saboteurs, but may be predicated upon the totality of the circumstances.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9746732. Public record. Not legal advice.