Hamilton v. Unemployment Compensation Board of Review

In Hamilton v. Unemployment Compensation Board of Review, 110 Pa. Commw. 384, 532 A.2d 535, 537(Pa. Cmwlth. 1987), the Court stated: This Court has recently held that the referee or Board, in their discretion, may refuse to issue a subpoena where the subpoenas were being requested for purposes of harassment or to commence a "fishing expedition." Zukoski v. Unemployment Compensation Board of Review, 106 Pa. Commw. 270, 525 A.2d 1279, 1280 (Pa. Cmwlth. 1987). However, nothing in Zukoski relieves the Board of its obligation to issue subpoenas in cases where the issuance of the subpoena would lead to relevant and probative testimony. See Miller v. Unemployment Compensation Board of Review, 99 Pa. Commw. 137, 512 A.2d 797 (Pa. Cmwlth. 1986). This would be particularly true in the instant matter, wherein the petitioner alleges that he was terminated for expressing his opinion that he was passed over for promotion as a result of racial bias.