National Labor Relations Board v. Stations Casinos, LLC

• Court: District Court, D. Nevada
• Decided: February 8, 2022
• Docket: 2:22-cv-00100
• Status: Unknown

Opinion

5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7

8 NATIONAL LABOR RELATIONS BOARD, Case No. 2:22-cv-00100-RFB-NJK 9 Petitioner(s), ORDER 10 v. [Docket No. 11] 11 STATION CASINOS, LLC, 12 Respondent(s). 13 Pending before the Court is a stipulation for Local Joint Executive Board of Las Vegas 14 (“LJEB”)1 to intervene. Docket No. 11. 15 The only legal authority cited for the intervention request is 29 C.F.R. § 102.31(d). That 16 regulation provides that, although an enforcement proceeding is initiated by the General Counsel 17 in the name of the NLRB, “[n]either the General Counsel nor the Board will be deemed thereby to 18 have assumed responsibility for the effective prosecution of the same before the court.” Id. While 19 that may be the case, this section of the regulations does not appear to provide standards or 20 procedures for intervention. Instead, a request to intervene would appear to be governed by Rule 21 24 of the Federal Rules of Civil Procedure. See N.L.R.B. v. Frazier, 144 F.R.D. 650, 655-57 22 (D.N.J. 1992) (analyzing unopposed request for intervention under Rule 24). The instant 23 stipulation provides no discussion of Rule 24. 24 Accordingly, the stipulation to intervene is DENIED without prejudice. Any renewed 25 request must either (1) provide meaningful explanation why Section 102.31(d) governs a request 26 to intervene (supported by citation to legal authority, if any such authority exists) or (2) provide 27 1 The LJEB consists of Culinary Workers Union Local 226 and Bartenders Union Local 28 165. 1} meaningful explanation as to why intervention is appropriate based on the Rule 24 standards. Any 2|| renewed request to intervene must be filed by February 15, 2022. 3 IT IS SO ORDERED. 4 Dated: February 8, 2022 ie Naney 1 Kops United States’Magistrate Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28