41 Pa. Commw. 618 | Pa. Commw. Ct. | 1979
Opinion by
James Stevenson and Tony Vespaziana (Petitioners) brought separate actions before the Board of Arbitration of Claims (Board)
The Department filed a number of preliminary objections to Petitioners’ complaints including a demurrer to those parts of the complaints asserting a class action. The Board sustained the Department’s objection to the Petitioners’ maintenance of a class action and dismissed the remainder of the preliminary objections.
Pursuant to Sections 1 and 4 of the Act of May 20, 1937, P.L. 728, as amended, 72 P.S. §§4651-1 and 4651-
Petitioners insist that the Board should have permitted class actions since such actions were specifically authorized by Pa. R.C.P. No. 2230.
The Pennsylvania Buies of Civil Procedure, including, of course, Pa. B.C.P. No. 2230 authorizing class actions, do not apply to proceedings before administrative agencies and commissions. .. . Neither the Buies of the Pennsylvania Human Belations Commission itself, found at 16 Pa. Code §41.1 et seq. or the General Buies of Administrative Practice, found at 1 Pa. Code §31.1 et seq., provide for class actions in administrative proceedings.
Freeport Area School District v. Pennsylvania Human Relations Commission, 18 Pa. Commonwealth Ct. 400, 410-11, 335 A.2d 873, 879 (1975). In its decision, our Supreme Court held that Section 9 of the Pennsylvania Human Belations Act, Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §959, which authorizes the PHBC to take affirmative action in cases of unlawful discrimination, actually authorizes “class relief.” Accordingly, the Court held that once the Commission found that the complainant was entitled to relief, it was perfectly proper for the PHBC to grant similar relief to others who had testified at the complainant’s hearing. Significantly, the Supreme Court said nothing about our holding that class actions may not be maintained before an administrative agency. After a comparison of the majority opinions in both cases, we conclude that the Pennsylvania Supreme Court did not address or decide the issue now before us.
Previous to our decision in Freeport, we had held that Section 8(a) of the Act only applied to hearings before the Board and that the Board’s rules, 4 Pa. Code §121.1, did not and could not incorporate all of the rules of civil procedure into proceedings before the Board, UEC, Inc. v. Board of Arbitration of
Petitioners also contend that to deny them class action status before the Board violated the Equal Protection Clause of the United States Constitution.
Orders affirmed.
And Now, this 11th day of April, 1979, the orders of the Board of Arbitration of Claims, dated September 16, 1977, and December 7, 1977, sustaining preliminary objections as filed by the Department of Revenue in the nature of a demurrer to the class action are affirmed.
The Board of Arbitration of Claims was abolished by Section 7 of the Act of October 5, 1978, P.L. , No. 260. Petitioners, here, instituted their actions in May and August of 1977. Because the is
In Vespaziani v. Department of Revenue, 40 Pa. Commonwealth Ct. 54, 396 A.2d 489 (1979), we held that such claims must be adjudicated by the Board and not in a court of equity.
The Board’s order permitted each Petitioner to proceed individually against the Department.
All references to the Act of May 20, 1937 are to the Act as it existed prior to October 5, 1978.
Rescinded June 30, 1977, effective September 1, 1977, and replaced by Pa. R.C.P. Nos. 1701-1716.
Freeport Area School District v. Pennsylvania Human Relations Commission, 18 Pa. Commonwealth Ct. 400, 335 A.2d 873 (1975).
UEC, Inc., involved the plaintiff’s attempt to take a default judgment on a complaint filed before the Board pursuant to Pa. R.C.P. No. 1037 and Pa. R.C.P. 1047.
U. S. Const., amend. XIV, §1.