The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
GENERAL MOTORS, LLC : No. 778 MAL 2017
:
:
v. : Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
:
BUREAU OF PROFESSIONAL AND :
OCCUPATIONAL AFFAIRS, STATE :
BOARD OF VEHICLE :
MANUFACTURERS, DEALERS AND :
SALESPERSONS :
:
:
PETITION OF: BUDD BAER, INC. D/B/A :
BUDD BAER BUICK GMC; MEL GRATA :
CHEVROLET, INC.; AND TURNER
AUTOMOTIVE OF NEW HOLLAND, INC. :
D/B/A TURNER BUICK GMC :
ORDER
PER CURIAM
AND NOW, this 14th day of May, 2018, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by Petitioners, are:
(1) Did the Commonwealth Court err in concluding that, as a matter of first
impression, GM is permitted to eliminate statutory protections provided to
Dealers by unilaterally altering the Dealers’ warranty labor reimbursement
rate?
(2) Did the Commonwealth Court err by failing to give proper deference to the
Board’s decision interpreting the Act?
(3) Did the Commonwealth Court err in concluding that, as a matter of first
impression, GM is permitted to impose a surcharge on Dealers seeking retail
reimbursement for parts alone, although the plain language of the Act provides
that a manufacturer may only surcharge dealers seeking retail rate
reimbursement for both parts and labor?
Additionally, the Application to Withdraw as a Party to Petition for Allowance of Appeal,
filed by Turner Buick GMC, is GRANTED with prejudice.
Justice Baer did not participate in the consideration or decision of this
matter.
[778 MAL 2017] - 2