Pennsylvania Human Relations Commission v. Jones & Laughlin Steel Corp.
Pennsylvania Human Relations Commission v. Jones & Laughlin Steel Corp.
Opinion of the Court
OPINION
This appeal is from an order of the Commonwealth Court enforcing a subpoena issued by the appellee, Pennsylvania Human Relations Commission (Commission), to the manager of the appellant, Jones & Laughlin Steel Corporation, Aliquippa Works Division (J & L), to testify concerning a complaint filed with the Commission, charging J & L with employment discrimination on the basis of sex, race and national origin. J & L’s sole contention is that section 7(g) of the Pennsylvania Human Relations Act
In this jurisdiction the law is clear that a ruling denying a motion to quash a subpoena or an order directing a response to depositions directed to a party to the litigation are interlocutory and therefore not appealable. Kine v. Forman, 412 Pa. 163, 194 A.2d 175 (1963); Young v. Bradford Co. Tel. Co., 346 Pa. 90, 29 A.2d 533 (1943). There was formerly some authority for the view that an order directed to a witness, who was not a party to the litigation, to respond to process of this nature might present a final and appealable decision. See e. g. International Coal Mining Co. v. Penna. R. R., 214 Pa. 469, 63 A. 880 (1906). However,
Mr. Justice O’BRIEN, speaking for a majority of this Court, has recently stated the long-standing rule of both this jurisdiction and the federal system with respect to grand jury subpoenas:
“It has long been the law that the denial of a motion to quash a grand jury subpoena is interlocutory and, therefore, not appealable. United States v. Ryan, 402 U.S. 530, 91 S.Ct. 1580, 29 L.Ed.2d 85 (1971), Cobbledick v. United States, 309 U.S. 323, 60 S.Ct. 540, 84 L.Ed. 783 (1939). Instead, the party subpoenaed must either comply with the subpoena or refuse to comply and litigate the propriety of the subpoena in the event that contempt or similar proceedings are brought against him. Forcing the party subpoenaed to make such a choice is justified by the ‘necessity for expedition in the administration of the criminal law.’ United States v. Ryan, supra, 402 U.S. at 533, 91 S.Ct. 1580.”
Petition of Specter, 455 Pa. 518, 519-20, 317 A.2d 286, 287 (1974).2
The need for expedition in administrative agency investigations is at least as great as in grand jury investigations.
Appeal quashed.
. Act of Oct. 27, 1955, P.L. 744, § 7(g), as amended, 43 P.S. § 957(g).
. This writer took the position that where there is a substantial question concerning the authority to issue the subpoena, the subpoenaed party should not be forced to risk contempt in order to challenge the subpoena on appeal. Petition of Specter, 455 Pa. 518, 521, 317 A.2d 286, 288 (1974) (Dissenting Opinion of NIX, J., joined by MANDERINO, J.). The majority having clearly rejected this position, however, this Court must apply its rule consistently rather than shifting its application to depend on either the current composition of the Court or whatever view a majority may wish to reach on the merits.
. On the comparability of administrative agency and grand jury investigations, see United States v. Morton Salt Co., 338 U.S. 632, 642, 70 S.Ct. 357, 94 L.Ed. 401 (1950).
Concurring Opinion
concurring.
There is case law in the federal courts holding that in actions brought by administrative agencies to enforce subpoenas or other discovery demands, a lower court order directing or refusing to direct compliance with such demands is considered “final” and appealable under the federal final judgment rule.
. 28 U.S.C. § 1291, the federal counterpart to our “final order” statutes (e. g., 42 Pa.C.S. § 722), provides in relevant part that federal “courts' of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States.”
. In Commonwealth ex rel. Specter v. Freed, 424 Pa. 508, 228 A.2d 382 (1967), where the procedural posture was the same as the situation presented here, the question of this Court’s jurisdiction seems to have been overlooked.
. 42 Pa.C.S. § 702(b) (effective June 27, 1978), codifying Section 501(b) of the Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. 673, No. 223, art. V, 17 P.S. § 211.501(b) (Supp. 1978).
Dissenting Opinion
dissenting.
I dissent. There is no valid reason for refusing to hear this appeal now. An unnecessary delay and a waste of judicial time is all that results. The practical effect of the majority’s decision is to force appellant to refuse to comply with the subpoena, after which sanctions will be imposed and suspended pending appeal at which time that order will then be final and appealable. See Kine v. Forman, 412 Pa. 163, ftn. * at 166, 194 A.2d, ftn. 2 at 177. To deny review at this stage will serve no useful purpose. It will only delay our review of this case.
The majority’s analysis of the finality rule issue is conclusory. This Court has said that the finality of an order is a “judicial conclusion which can be reached only after an examination of its ramifications.” Bell v. Beneficial Consumer Discount, 465 Pa. 225, 348 A.2d 734, 735 (emphasis added). This test, we have said, must be the result of a practical rather than a technical construction. See Bell v. Beneficial Consumer Discount, supra, citing Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541, 546, 69 S.Ct. 1221, 1226, 93 L.Ed. 1528 (1949). Today, the majority persists in applying a technical construction of the finality rule and in doing so, the majority ignores the ramifications of its application.
Reference
- Full Case Name
- PENNSYLVANIA HUMAN RELATIONS COMMISSION, Appellee, v. JONES & LAUGHLIN STEEL CORPORATION, Aliquippa Works Division, Appellant
- Cited By
- 13 cases
- Status
- Published