Does Allowance of Appeal Entitle Automatic Supersedeas of a Court Order ?
In Elizabeth Forward School District v. Pennsylvania Labor Relations Board, 149 Pa. Commw. 235, 613 A.2d 68 (Pa. Cmwlth. 1992), the Pennsylvania Labor Relations Board (PLRB) charged a school district with unfair labor practices for contracting out the work of the district's bus drivers, aides and mechanics.
The PLRB's order was affirmed by the court of common pleas and this Court.
The district then petitioned the Pennsylvania Supreme Court for allowance of appeal.
The PLRB sought a declaration from the Court that the District's appeal did not entitle it to an automatic supersedeas or, in the alternative, requested an order vacating the supersedeas.
The Court concluded that the filing of a petition for allowance of appeal entitled the district to an automatic stay of this Court's order.
Elizabeth Forward began as an appeal from an order of the PLRB to the court of common pleas pursuant to 42 Pa. C.S. 933(a)(1)(vii).
Given this posture, we held that "Rule 1736(b) affords the political subdivision an automatic supersedeas on its appeal from the common pleas court to this Court." Elizabeth Forward, 613 A.2d at 70.